Case Summary (G.R. No. 72964)
Key Dates and Procedural Posture
Material incident date: October 23, 1980 (hacking injury). Police-recorded amicable settlement: October 27, 1980 (P400 advanced; additional P300 given November 3). Hospital admission with tetanus symptoms: November 14, 1980; death: November 15, 1980. Criminal information filed: April 10, 1981. Trial court conviction for homicide; Intermediate Appellate Court affirmed and increased indemnity; petitioner sought reconsideration/new trial based on a barangay captain’s affidavit; motion denied; petition for review brought to the Supreme Court, which reversed and acquitted the petitioner of homicide.
Facts of the Altercation
On the morning of October 23, 1980, Urbano confronted Marcelo Javier at or near an irrigation canal after discovering his palay soaked by overflow. A quarrel ensued. Urbano drew a bolo (approximately two feet in length) and hacked Javier: first striking Javier’s right palm (used to parry the blow), producing an incised wound of about two inches; then striking the left leg with the back of the bolo, causing swelling. Javier, unarmed, fled but was overtaken and struck again until Urbano’s daughter intervened. Companions transported Javier to his home and then to the police station; on police advice he was sent for medical attention.
Medical Treatment, Medico‑Legal Findings, and Death
After initial treatment by Dr. Mario Meneses, Dr. Guillermo Padilla conducted a medico‑legal examination and issued a certificate describing a two‑inch incised wound at the upper portion of the lesser palmar prominence (right) with an estimated incapacitation of 7–9 days. On November 14, 1980 (22 days after the incident) Javier was admitted to Nazareth General Hospital with trismus and convulsions; Dr. Edmundo Exconde diagnosed tetanus and noted a healing wound in the palm that could have been the site of infection. Javier died on November 15, 1980; hospital records described fatal respiratory cessation after generalized spasms consistent with tetanus.
Compromise and Police Record
After the incident, Barangay Councilman Solis mediated an amicable settlement: Javier forgave Urbano and Urbano agreed to defray medical expenses. This understanding was recorded in the police blotter (entry dated October 27, 1980). Urbano paid P400 at the police station and P300 later at his house in the presence of Barangay Captain Soliven.
Trial and Appellate Findings
The trial court convicted Urbano of homicide and sentenced him to an indeterminate term (minimum of twelve years of prision mayor; maximum of seventeen years, four months and one day of reclusion temporal), ordered indemnity to the heirs in P12,000, and directed confinement at the New Bilibid Prison upon finality. The Intermediate Appellate Court affirmed the conviction but raised indemnity to P30,000. Urbano’s motion for reconsideration/new trial included an affidavit by Barangay Captain Soliven asserting he had seen the victim catching fish in shallow irrigation canals after a typhoon, which the trial court and appellate court did not accept as dispositive.
Legal Issues Presented
Primary legal issue: whether Urbano’s unlawful act (the hacking) was the proximate cause of Javier’s death from tetanus, or whether an efficient, intervening cause occurred after the wound was inflicted such that criminal liability for homicide should not attach. Subsidiary issues: application of Article 4, Revised Penal Code (liability for all natural and logical consequences of unlawful acts), the effect of the barangay compromise under PD No. 1508 on criminal liability for minor offenses, and the separation between criminal guilt (beyond reasonable doubt) and civil liability (preponderance of evidence).
Governing Legal Standards and Definitions Applied
The Court applied Article 4, P.R.C., which imputes criminal responsibility for acts violating the law and for natural and logical consequences of those acts. The Court reiterated the definition of proximate cause adopted in prior jurisprudence: the cause which, in a natural and continuous sequence unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred. The medical descriptions of tetanus incubation and onset (as quoted from Harrison’s Principles) were employed to assess timing and the likelihood that infection occurred at the time of the wound versus later. The Court also recognized PD No. 1508 permitting settlement of certain minor offenses through barangay mediation and reiterated the distinction between criminal and civil standards of proof (criminal guilt beyond reasonable doubt; civil liability by preponderance).
Court’s Analysis on Causation and Reasonable Doubt
The Court acknowledged that Urbano inflicted the incised palm wound on October 23, 1980, and that Javier developed tetanus symptoms on November 14, 1980 (22 days later) and died November 15. Medically, the incubation period of tetanus ranges from 2 to 56 days, with over 80% symptomatic within 14 days; short incubation and onset times usually indicate severe disease. Given the 22‑day interval from injury to symptoms, the Court reasoned that, if infection had occurred at the time of the hacking, a milder form of tetanus would have been more probable; yet Javier’s course was severe with rapid fatal onset once symptomatic. The Court therefore found a distinct possibility — supported by medical t
...continue readingCase Syllabus (G.R. No. 72964)
Title and Citation
- Reported in 241 Phil. 1, Third Division; G.R. No. 72964; Decision dated January 07, 1988.
- Decision authored by Justice Gutierrez, Jr.
- Parties: Filomeno Urbano (petitioner) v. Hon. Intermediate Appellate Court and People of the Philippines (respondents).
Nature of the Proceeding
- Petition for review on certiorari to the Supreme Court seeking reversal of the Intermediate Appellate Court’s affirmation of the conviction by the Circuit Criminal Court of Dagupan City.
- The conviction affirmed below was for the crime of homicide.
Factual Background — Chronology of Events
- October 23, 1980, ~8:00 a.m.: Filomeno Urbano went to his ricefield at Barangay Anonang, San Fabian, Pangasinan, about 100 meters from Marcelo Javier’s tobacco seedbed.
- Urbano found his stored palay flooded by overflow from a nearby irrigation canal and inspected the elevated portion of the canal.
- At the canal Urbano saw Marcelo Javier and Emilio Erfe cutting grass; upon asking who opened the irrigation canal Javier admitted responsibility.
- A quarrel ensued; Urbano unsheathed a bolo (about 2 feet long, including handle; 2 inches wide) and hacked Javier.
- First hack struck Javier’s right palm as Javier parried; Javier, unarmed, ran but was overtaken and hacked again, this time hitting the left leg with the back portion of the bolo causing swelling.
- Urbano’s daughter prevented further hacking by embracing Urbano.
- Antonio Erfe, Emilio Erfe, and Felipe Erfe brought Javier to his house (~50 meters from incident). Emilio sought barangay officials and, upon advice of Barrio Councilman Felipe Solis, the Erfes and Javier went to the San Fabian police station to report the incident.
- Corporal Torio advised bringing Javier to a physician. They went first to Dr. Guillermo Padilla (rural health physician), who did not attend Javier due to lack of medicine and referred them to Dr. Mario Meneses.
- After treatment by Dr. Meneses, the group returned to Dr. Guillermo Padilla who conducted a medico-legal examination and issued a medico-legal certificate (Exhibit C dated September 28, 1981) describing a 2-inch incised wound at the upper portion of the lesser palmar prominence, right, and observed an incapacitation period of seven to nine days; the wound had been treated by another doctor and was presented only for medico-legal examination.
- October 27, 1980: Through the intercession of Councilman Solis, Urbano and Javier agreed to an amicable settlement at the San Fabian Police Station; police blotter entry (Exhibit A) recorded that Javier accepted and forgave Urbano, Urbano shouldered all medical expenses, and Javier promised not to harbor grudge or repeat the incident.
- At the police station Urbano advanced P400.00 to Javier; on November 3, 1980, an additional P300.00 was given at Urbano’s house in the presence of Barangay Captain Menardo Soliven.
- November 14, 1980, ~1:30 a.m.: Javier was rushed to Nazareth General Hospital in a very serious condition with lockjaw and convulsions. Dr. Edmundo Exconde, who attended Javier, found his condition caused by tetanus toxin and noted a healing wound in Javier’s palm which could have been infected by tetanus.
- November 15, 1980, 4:18 p.m.: Javier died. Dr. Exconde’s findings and hospital notes recorded admission for tetanus (trismus, muscle spasm), progressive deterioration, emergency resuscitation efforts, and death pronouncement by Dra. Cabugao.
Procedural History — Trial and Appeal
- April 10, 1981: Information filed in the Circuit Criminal Court of Dagupan City, Third Judicial District, charging Filomeno Urbano with homicide.
- Urbano pleaded not guilty at arraignment.
- Trial court found Urbano guilty as charged and imposed an indeterminate prison term: minimum — twelve (12) years of prision mayor; maximum — seventeen (17) years, four (4) months and one (1) day of reclusion temporal, with accessories of the law; ordered indemnity of P12,000.00 to heirs of Marcelo Javier without subsidiary imprisonment in case of insolvency; costs; confinement at New Bilibid Prison upon finality due to nature of penalty.
- Intermediate Appellate Court affirmed the conviction but increased indemnity awarded to heirs to P30,000.00 with costs against appellant.
- Urbano filed a motion for reconsideration and/or new trial, supporting the motion with an affidavit of Barangay Captain Menardo Soliven (Annex A) alleging observations about local conditions and having seen Marcelo Javier catching fish in shallow irrigation canals on November 5, 1980.
- Motion for new trial was denied by the appellate court; Urbano then petitioned the Supreme Court.
Key Evidence and Exhibits
- Exhibit A: Police blotter entry No. 599, October 27, 1980 (recording amicable settlement and forgiveness; Urbano advanced P400.00; promise not to repeat).
- Exhibit C: Medico-legal certificate dated September 28, 1981, by Dr. Guillermo Padilla describing a 2-inch incised wound in right palm and seven to nine days incapacitation; wound presented only for medico-legal examination as it had been treated by another doctor.
- Medical testimony and hospital records from Nazareth General Hospital and attending physician Dr. Edmundo Exconde documenting diagnosis of tetanus, progression, and death on November 15, 1980.
- Affidavit (Annex A) of Barangay Captain Menardo Soliven asserting: typhoon and control-gate closures in early November 1980; shallow canals suitable for catching mudfish; observation of Marcelo Javier catching fish on November 5, 1980; knowledge of the victim’s death from tetanus on November 15, 1980.
Legal Issue Presented
- Whether the death of Marcelo Javier by tetanus was the direct, natural, and logical consequence (proximate cause) of the wounds inflicted by Filomeno Urbano on October 23, 1980, such that Urbano is criminally liable for homicide under Article 4, paragraph 1 of the Revised Penal Code for unintended consequences of an intentional wrongful act.
- Whether there was an efficient intervening cause between the wound infliction and death that would exculpate Urbano from homicide liability.
Applicable Law and Doctrines Discussed
- Article 4, Revised Penal Code: Criminal liability for any person committing a felony, including liability for acts different from what was intended if they are natural and logical consequences of the unlawful act.
- Proximate cause definition adopted from Vda. de Bataclan v. Medina and American Jurisprudence: proximate cause as that which in natural and continuous sequence, unbr