Case Digest (G.R. No. 72964)
Facts:
Filomeno Urbano v. Hon. Intermediate Appellate Court and People of the Philippines, G.R. No. 72964, January 07, 1988, the Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.Petitioner Filomeno Urbano was charged with homicide for acts that occurred on October 23, 1980, in Barangay Anonang, San Fabian, Pangasinan. Urbano met Marcelo Javier at an irrigation canal, quarreled with him over flooded palay, and hacked Javier with a bolo, producing an incised wound approximately two inches long on the right palm. Javier ran but was overtaken and hacked again on the left leg; further injury was prevented by Urbano’s daughter. Companions brought Javier home and later to medical attention.
After initial treatment, Dr. Guillermo Padilla performed a medico‑legal examination and issued a certificate describing the palm wound and estimating 7–9 days incapacitation. The parties, through Barangay Captain Menardo Soliven and Councilman Felipe Solis, effected an amicable settlement on October 27, 1980; Urbano advanced P400 then later paid an additional P300 on November 3, 1980, to defray medical expenses. On November 14, 1980 Javier was admitted to Nazareth General Hospital with trismus and convulsions; Dr. Edmundo Exconde diagnosed tetanus and Javier died on November 15, 1980.
An information for homicide was filed April 10, 1981 before the then Circuit Criminal Court of Dagupan City, Third Judicial District. Urbano pleaded not guilty; after trial the trial court found him guilty of homicide and sentenced him to an indeterminate term (minimum 12 years prision mayor to maximum 17 years, 4 months and 1 day reclusion temporal), ordered indemnity of P12,000, and confinement at New Bilibid Prison upon finality.
On appeal the then Intermediate Appellate Court affirmed the conviction but raised the indemnity to P30,000. Urbano filed a motion for reconsideration and/or new trial based on an affidavit by Barangay Captain Soliven asserting that, after a typhoon, the victim had been seen catching fish in shallow irrigation ...(Subscriber-Only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt that petitioner Urbano's unlawful act was the proximate cause of Marcelo Javier’s death (i.e., was petitioner criminally liable for homicide)?
- Did the parties’ amicable settlement and the fact that the offense was treated as a minor injury bear on whether the public action should be extinguished or on pe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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