Escolar Documentos
Profissional Documentos
Cultura Documentos
ROLLIE CALIMUTAN,
Petitioner,
Present:
PANGANIBAN, C.J.
Chairperson,
- versus-
YNARES-SANTIAGO,
AUSTRIA-MARTINEZ,
CALLEJO, SR., and
CHICO-NAZARIO, JJ.
PEOPLE
OF
THE
PHILIPPINES, ET AL.,
Respondents.
Promulgated:
February 9, 2006
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
DECISION
CHICO-NAZARIO, J.:
23306, dated 29 August 2001, [1] affirming the Decision of the Regional
Trial Court (RTC), Branch 46, of Masbate, Masbate, in Criminal Case
No. 8184, dated 19 November 1998, [2] finding petitioner Calimutan
guilty beyond reasonable doubt of the crime of homicide under Article
249 of the Revised Penal Code.
Victim Cantre immediately told his mother, Belen, of the stoning incident
involving petitioner Calimutan. He again complained of backache and also of
stomachache, and was unable to eat. By nighttime, victim Cantre was alternately
feeling cold and then warm. He was sweating profusely and his entire body felt
numb. His family would have wanted to bring him to a doctor but they had no
vehicle. At around 3:00 a.m. of the following day, 05 February 1996, Belen was
wiping his son with a piece of cloth, when victim Cantre asked for some food. He
was able to eat a little, but he also later vomited whatever he ate. For the last
time, he complained of backache and stomachache, and shortly thereafter, he
died.[9]
Right after his death, victim Cantre was examined by Dr. Conchita S.
Ulanday, the Municipal Health Officer of Aroroy, Masbate. The Post-Mortem
Examination Report[10] and Certification of Death,[11] issued and signed by Dr.
Ulanday, stated that the cause of death of victim Cantre was cardio-respiratory
arrest due to suspected food poisoning. The body of victim Cantre was
subsequently embalmed and buried on 13 February 1996.
Unsatisfied with the findings of Dr. Ulanday, the Cantre family, with the
help of the Lingkod Bayan-Circulo de Abogadas of the ABS-CBN Foundation,
requested for an exhumation and autopsy of the body of the victim Cantre by the
NBI. The exhumation and autopsy of the body of the victim Cantre was
conducted by Dr. Ronaldo B. Mendez on 15 April 1996, [12] after which, he
reported the following findings
In his testimony before the RTC, Dr. Mendez affirmed the contents of his
exhumation and autopsy report. He explained that the victim Cantre suffered
from an internal hemorrhage and there was massive accumulation of blood in his
abdominal cavity due to his lacerated spleen. The laceration of the spleen can
be caused by any blunt instrument, such as a stone. Hence, Dr. Mendez
confirmed the possibility that the victim Cantre was stoned to death by petitioner
Calimutan.[13]
Petitioner Calimutan
Bulalacao,
In the Petition at bar, this Court finds that there is proof beyond
reasonable doubt to hold petitioner Calimutan liable for the death of
the victim Cantre.
are
some
terms
in
the
above-quoted
The entire
though, cannot be given much weight and probative value for the
following reasons
[28]
[29]
What in particular
examined?
internal
organs you
have
A The brain, the heart, the lungs, the liver, the kidneys,
the pancreas plus the intestines.
xxxx
and the Court of Appeals to the heirs of the victim Cantre of the
amount of P50,000.00 as civil indemnity for his death and another
P50,000.00 as moral damages.
SO ORDERED.
MINITA V. CHICO-NAZARIO
Associate Justice
SECOND DIVISION
THE
MENDOZA, J.:
This is an appeal from the decisioni[1] of the Regional Trial Court, Branch 14, Cebu
City, finding accused-appellants Eutiquia Carmen @ Mother Perpetuala, Celedonia Fabie
@ Isabel Fabie, Delia Sibonga @ Deding Sibonga, Alexander Sibonga @ Nonoy
Sibonga, and Reynario Nuez @ Rey Nuez guilty of murder and sentencing them to
suffer the penalty of reclusion perpetua and to pay the heirs of the victim the amount of
P50,000.00 as indemnity as well as the costs.
The informationii[2] against accused-appellants alleged:
That on or about the 27th day of January, 1997 at about 2:00 oclock p.m., in the City of
Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused,
conniving and confederating together and mutually helping one another, with deliberate intent,
with intent to kill, with treachery and evident premeditation, did then and there inflict fatal
physical injuries on one Randy Luntayao which injuries caused the death of the said Randy
Luntayao.
Accused-appellants pleaded not guilty to the charge, whereupon they were tried.
The prosecution presented evidence showing the following: At around 2 oclock in
the afternoon of January 27, 1997, Honey Fe Abella, 10, and her friend Frances Claire
Rivera, 7, were playing takyan in front of the house of one Bebing Lastimoso in Quiot,
Pardo, Cebu City, when suddenly they heard a child shout, Tabang ma! (Help
mother!). The cry came from the direction of the house of accused-appellant Carmen,
who is also known in their neighborhood as Mother Perpetuala. The two children ran
towards Mother Perpetualas house.iii[3] What Honey Fe saw on which she testified in
court, is summarized in the decision of the trial court, to wit:
While there[,] she saw a boy, whose name . . . she [later] came to know as one Randy
Luntayao, . . . being immersed head first in a drum of water. Accused Alexander Sibonga was
holding the waist of the body while accused Reynario Nuez held the hands of the boy at the
back. Accused Eutiquia Carmen, Delia Sibonga, and Celedonia Fabie were pushing down the
boys head into the water. She heard the boy shouting Ma, help for two times. Later, she saw
accused Reynario or Rey Nuez tie the boy on the bench with a green rope as big as her little
finger. . . . After that Eutiquia Carmen poured [water from] a plastic container (galon) . . . into the
mouth of the boy. Each time the boy struggled to raise his head, accused Alexander Sibonga
banged the boys head against the bench [to] which the boy was tied down. She even heard the
banging sound everytime the boys head hit the bench. For about five times she heard it.
According to this witness after forcing the boy to drink water, Eutiquia Carmen and accused
Celedonia Fabie alias Isabel Fabie took turns in pounding the boys chest with their clenched
fists. All the time Rey Nuez held down the boys feet to the bench. She also witnessed . . .
Celedonia Fabie dropped her weight, buttocks first, on the body of the boy. Later on, Eutiquia
Carmen ordered Delia or Deding Sibonga to get a knife from the kitchen. Eutiquia Carmen then
slowly plunged the stainless knife on the left side of the boys body and with the use of a plastic
gallon container, the top portion of which was cut out, Eutiquia Carmen [caught] the blood
dripping from the left side of the boys body. Honey Fe heard the moaning coming from the
tortured boy. Much later she saw Nonoy or Alexander Sibonga, Reynario Nuez, Delia Sibonga,
Celedonia Fabie, and Eutiquia Carmen carry the boy into the house. iv[4]
Eddie Luntayao, father of the victim, testified that he has five children, the eldest of
whom, Randy, was 13 years old at the time of the incident. On November 20, 1996,
Randy had a nervous breakdown which Eddie thought was due to Randy having to skip
meals whenever he took the boy with him to the farm. According to Eddie, his son
started talking to himself and laughing. On January 26, 1997, upon the suggestion of
accused-appellant Reynario Nuez, Eddie and his wife Perlita and their three children
(Randy, Jesrel, 7, and Lesyl, 1) went with accused-appellant Nuez to Cebu. They
arrived in Cebu at around 1 oclock in the afternoon of the same day and spent the night
in Nuezs house in Tangke, Talisay.
The following day, they went to the house of accused-appellant Carmen in Quiot,
Pardo,v[5] where all of the accused-appellants were present. Eddie talked to accusedappellant Carmen regarding his sons condition. He was told that the boy was possessed
by a bad spirit, which accused-appellant Carmen said she could exorcise. She warned,
however, that as the spirit might transfer to Eddie, it was best to conduct the healing
prayer without him. Accused-appellants then led Randy out of the house, while Eddie
and his wife and two daughters were locked inside a room in the house.vi[6]
After a while, Eddie heard his son twice shout Ma, tabang! (Mother, help!).
Eddie tried to go out of the room to find out what was happening to his son, but the door
was locked. After about an hour, the Luntayaos were transferred to the prayer room
which was located near the main door of the house.vii[7]
A few hours later, at around 5 oclock in the afternoon, accused-appellants carried
Randy into the prayer room and placed him on the altar. Eddie was shocked by what he
saw. Randys face was bluish and contused, while his tongue was sticking out of his
mouth. It was clear to Eddie that his son was already dead. He wanted to see his sons
body, but he was stopped from doing so by accused-appellant Eutiquia Carmen who told
him not to go near his son because the latter would be resurrected at 7 oclock that
evening.viii[8]
After 7 oclock that evening, accused-appellant Carmen asked a member of her
group to call the funeral parlor and bring a coffin as the child was already dead. It was
arranged that the body would be transferred to the house of accused-appellant Nuez.
Thus, that night, the Luntayao family, accompanied by accused-appellant Nuez, took
Randys body to Nunezs house in Tangke, Talisay. The following day, January 28, 1997,
accused-appellant Nuez told Eddie to go with him to the Talisay Municipal Health
Office to report Randys death and told him to keep quiet or they might not be able to get
the necessary papers for his sons burial. Nuez took care of securing the death
certificate which Eddie signed.ix[9]
At around 3 oclock in the afternoon of January 28, 1997, accused-appellant Carmen
went to Tangke, Talisay to ensure that the body was buried. Eddie and his wife told her
that they preferred to bring their sons body with them to Sikatuna, Isabela, Negros
Occidental but they were told by accused-appellant Carmen that this was not possible as
she and the other accused-appellants might be arrested. That same afternoon, Randy
Luntayao was buried in Tangke, Talisay.x[10]
After Eddie and his family had returned home to Negros Occidental, Eddie sought
assistance from the Bombo Radyo station in Bacolod City which referred him to the
regional office of the National Bureau of Investigation (NBI) in the city. On February 3,
1997, Eddie filed a complaint for murder against accused-appellant Nuez and the other
members of his group.xi[11] He also asked for the exhumation and autopsy of the remains of
his son.xii[12] As the incident took place in Cebu, his complaint was referred to the NBI
office in Cebu City.
Modesto Cajita, head of NBI, Region VII (Cebu), took over the investigation of the
case. He testified that he met with Eddie Luntayao and supervised the exhumation and
autopsy of the body of Randy Luntayao. xiii[13] Cajita testified that he also met with
accused-appellant Carmen and after admitting that she and the other accused-appellants
conducted a pray-over healing session on the victim on January 27, 1997, accusedappellant Carmen refused to give any further statement. Cajita noticed a wooden bench
in the kitchen of Carmens house, which, with Carmens permission, he took with him to
the NBI office for examination. Cajita admitted he did not know the results of the
examination.xiv[14]
Dr. Ronaldo B. Mendez, the NBI medico-legal officer who conducted the autopsy on
Randy Luntayao, testified that he, the victims father, and some NBI agents, exhumed the
victims body on February 20, 1997 at Tangke Catholic Cemetery in the Tangke, Talisay,
Cebu. He conducted the autopsy on the same day and later submitted the following
report (Exhs. E and F):xv[15]
FINDINGS
Body in advanced stage of decomposition wearing a white shirt and shorts wrapped in
printed blanket (white and orange) placed in white wooden coffin and buried underground about
4 feet deep.
Contusion, 3.0 x 4.0 cms. chest, anterior, left side.
Fracture, 3rd rib, left, mid-clavicular line.
Fracture, linear, occipital bone right side extending to the bases of middle cranial fossae right
to left down to the occipital bone, left side.
Fracture, diastatic, lamboidal suture, bilateral.
Internal organs in advanced stage of decomposition.
Cranial vault almost empty.
CAUSE OF DEATH: [The victim] could have died due to the internal effects of a traumatic
head injury and/or traumatic chest injury.
Dr. Mendez testified that the contusion on the victims chest was caused by contact
with a hard blunt instrument. He added that the fracture on the rib was complete while
that found on the base of the skull followed a serrated or uneven pattern. He said that the
latter injury could have been caused by the forcible contact of that part of the body with a
blunt object such as a wooden bench.xvi[16]
On cross-examination, Dr. Mendez admitted that he did not find any stab wound on
the victims body but explained that this could be due to the fact that at the time the body
was exhumed and examined, it was already in an advanced state of decomposition
rendering such wound, if present, unrecognizable.xvii[17]
Accused-appellants did not testify. Instead, the defense presented: (a) Ritsel Blase,
an alleged eyewitness to the incident; (b) Maria Lilina Jimenez, Visitacion Seniega, and
Josefina Abing, alleged former patients of accused-appellant Carmen; (c) Dr. Milagros
Carloto, the municipal health officer of Talisay, Cebu and; (d) Atty. Salvador Solima of
the Cebu City Prosecutors Office.
Ritsel Blase, 21, testified that since 1987 she had been with the group of accusedappellant Carmen, whom she calls Mother Perpetuala. She recounted that at around 2
oclock in the afternoon of January 27, 1997, while she was in the house of accusedappellant Carmen, she saw Eddie Luntayao talking with the latter regarding the treatment
of his son. The boy was later led to the kitchen and given a bath prior to treatment.
After water was poured on the boy, he became unruly prompting accused-appellant
Carmen to decide not to continue with the treatment, but the boys parents allegedly
prevailed upon her to continue. As the boy continued to resist, accused-appellant Carmen
told accused-appellants Delia Sibonga and Celedonia Fabie to help her (Carmen) lay the
boy on a bench. As the child resisted all the more, Eddie Luntayao allegedly told the
group to tie the boy to the bench. Accused-appellant Delia Sibonga got hold of a nylon
rope which was used to tie the child to the bench. Then Carmen, Delia Sibonga, and
Fabie prayed over the child, but as the latter started hitting his head against the bench,
Carmen asked Nuez to place his hands under the boys head to cushion the impact of the
blow everytime the child brought down his head. To stop the boy from struggling,
accused-appellant Fabie held the boys legs, while accused-appellant Nuez held his
shoulders. After praying over the boy, the latter was released and carried inside the
house. Accused-appellant Alexander Sibonga, who had arrived, helped carry the boy
inside. After this, Blase said she no longer knew what happened inside the house as she
stayed outside to finish the laundry.xviii[18]
Blase testified that the parents of Randy Luntayao witnessed the pray-over of their
son from beginning to end. She denied that accused-appellants Fabie and Delia Sibonga
struck the victim on his chest with their fists. According to her, neither did accusedappellant Carmen stab the boy. She claimed that Randy was still alive when he was taken
inside the house.xix[19]
The defense presented Maria Lilia Jimenez, 20, Visitacion Seniega, 39, and Josefina
Abing, 39, who testified that accused-appellant Carmen had cured them of their illnesses
by merely praying over them and without applying any form of physical violence on
them.xx[20]
Milagros Carloto, Municipal Health Officer of Talisay, Cebu, was also presented by
the defense to testify on the death certificate she issued in which she indicated that Randy
Luntayao died of pneumonia. According to her, Eddie Luntayao came to her office on
January 28, 1997 to ask for the issuance of a death certificate for his son Randy Luntayao
who had allegedly suffered from cough and fever.xxi[21]
On cross-examination, Dr. Carloto admitted that she never saw the body of the
victim as she merely relied on what she had been told by Eddie Luntayao. She said that it
was a midwife, Mrs. Revina Laviosa, who examined the victims body.xxii[22]
The last witness for the defense, Assistant City Prosecutor Salvador Solima, was
presented to identify the resolution he had prepared (Exh. 8)xxiii[23] on the re-investigation
of the case in which he recommended the dismissal of the charge against accusedappellants. His testimony was dispensed with, however, as the prosecution stipulated on
the matters Solima was going to testify with the qualification that Solimas
recommendation was disapproved by City Prosecutor Primo Miro.xxiv[24]
The prosecution recalled Eddie Luntayao to the stand to rebut the testimonies of
Ritsel Blase and Dr. Milagros Carloto. Eddie denied having witnessed what accusedappellants did to his son. He reiterated his earlier claim that after accused-appellants had
taken Randy, he and his wife and two daughters were locked inside a room. He disputed
Blases statement that his son was still alive when he was brought into the prayer room.
He said he saw that his sons head slumped while being carried by accused-appellants. xxv
[25]
As for the testimony of Dr. Carloto, Eddie admitted having talked with her when he
and accused-appellant Nuez went to her office on January 28, 1997. However, he
denied having told her that his son was suffering from fever and cough as he told her that
Randy had a nervous breakdown. He took exception to Dr. Carlotos statement that he
was alone when he went to her office because it was Nuez who insisted that he (Eddie)
accompany him in order to secure the death certificate.xxvi[26]
On November 18, 1998, the trial court rendered a decision, the dispositive portion of
which states:
WHEREFORE, in view of the foregoing facts and circumstances, [the] accused are all found
guilty beyond reasonable doubt of the crime of Murder and are hereby [sentenced] to suffer the
penalty of RECLUSION PERPETUA, with the accessory penalties of the law; to indemnify
jointly and severally the heirs of the deceased Randy Luntayao in the sum of P50,000.00; and to
pay the costs. The accused, are, however, credited in full during the whole period of their
detention provided they will signify in writing that they will abide by all the rules and regulations
of the penitentiary.xxvii[27]
pounded his chest with fists, or plunged a kitchen knife to his side so that blood would come out
for these acts would surely cause death to the victim. . . .
One who commits an intentional felony is responsible for all the consequences which may
naturally and logically result therefrom, whether foreseen or intended or not. Ordinarily, when a
person commits a felony with malice, he intends the consequences of his felonious act. In view
of paragraph 1 of Art. 4, a person committing a felony is criminally liable although the
consequences of his felonious acts are not intended by him. . . .
....
Intent is presumed from the commission of an unlawful act. The presumption of criminal
intent may arise from the proof of the criminal act and it is for the accused to rebut this
presumption. In the case at bar, there is enough evidence that the accused confederated with one
another in inflicting physical harm to the victim (an illegal act). These acts were intentional, and
the wrong done resulted in the death of their victim. Hence, they are liable for all the direct and
natural consequences of their unlawful act, even if the ultimate result had not been intended. xxviii[28]
Hence, this appeal. Accused-appellants allege that the trial court erred in convicting
them of murder.xxix[29]
First. It would appear that accused-appellants are members of a cult and that the
bizarre ritual performed over the victim was consented to by the victims parents. With
the permission of the victims parents, accused-appellant Carmen, together with the other
accused-appellants, proceeded to subject the boy to a treatment calculated to drive the
bad spirit from the boys body. Unfortunately, the strange procedure resulted in the
death of the boy. Thus, accused-appellants had no criminal intent to kill the boy. Their
liability arises from their reckless imprudence because they ought that to know their
actions would not bring about the cure. They are, therefore, guilty of reckless
imprudence resulting in homicide and not of murder.
Art. 365 of the Revised Penal Code, as amended, states that reckless imprudence
consists in voluntarily, but without malice, doing or failing to do an act from which
material damage results by reason of inexcusable lack of precaution on the part of the
person performing such act. Compared to intentional felonies, such as homicide or
murder, what takes the place of the element of malice or intention to commit a wrong or
evil is the failure of the offender to take precautions due to lack of skill taking into
account his employment, or occupation, degree of intelligence, physical condition, and
other circumstances regarding persons, time, and place.
The elements of reckless imprudence are apparent in the acts done by accusedappellants which, because of their lack of medical skill in treating the victim of his
alleged ailment, resulted in the latters death. As already stated, accused-appellants, none
of whom is a medical practitioner, belong to a religious group, known as the Missionaries
of Our Lady of Fatima, which is engaged in faith healing.
In United States v. Divino,xxx[30] the accused, who was not a licensed physician, in an
attempt to cure the victim of ulcers in her feet, wrapped a piece of clothing which had
been soaked in petroleum around the victims feet and then lighted the clothing, thereby
causing injuries to the victim. The Court held the accused liable for reckless imprudence
resulting in physical injuries. It was noted that the accused had no intention to cause an
evil but rather to remedy the victims ailment.
In another case, People v. Vda. de Golez,xxxi[31] the Court ruled that the proper charge
to file against a non-medical practitioner, who had treated the victim despite the fact that
she did not possess the necessary technical knowledge or skill to do so and caused the
latters death, was homicide through reckless imprudence.
The trial courts reliance on the rule that criminal intent is presumed from the
commission of an unlawful act is untenable because such presumption only holds in the
absence of proof to the contrary.xxxii[32] The facts of the case indubitably show the absence
of intent to kill on the part of the accused-appellants. Indeed, the trial courts findings
can be sustained only if the circumstances of the case are ignored and the Court limits
In Samson v. Court of Appeals,xxxvii[37] the accused were charged with, and convicted of,
estafa through falsification of public document. The Court of Appeals modified the
judgment and held one of the accused liable for estafa through falsification by
negligence. On appeal, it was contended that the appeals court erred in holding the
accused liable for estafa through negligence because the information charged him with
having wilfully committed estafa. In overruling this contention, the Court held:
While a criminal negligent act is not a simple modality of a willful crime, as we held in
Quizon v. Justice of the Peace of Bacolor, G.R. No. L-6641, July 28, 1955, but a distinct crime in
itself, designated as a quasi offense in our Penal Code, it may however be said that a conviction
for the former can be had under an information exclusively charging the commission of a willful
offense, upon the theory that the greater includes the lesser offense. This is the situation that
obtains in the present case. Appellant was charged with willful falsification but from the
evidence submitted by the parties, the Court of Appeals found that in effecting the falsification
which made possible the cashing of the checks in question, appellant did not act with criminal
intent but merely failed to take proper and adequate means to assure himself of the identity of the
real claimants as an ordinary prudent man would do. In other words, the information alleges acts
which charge willful falsification but which turned out to be not willful but negligent. This is a
case covered by the rule when there is a variance between the allegation and proof. . . .
The fact that the information does not allege that the falsification was committed with
imprudence is of no moment for here this deficiency appears supplied by the evidence submitted
by appellant himself and the result has proven beneficial to him. Certainly, having alleged that
the falsification has been willful, it would be incongruous to allege at the same time that it was
committed with imprudence for a charge of criminal intent is incompatible with the concept of
negligence.
In People v. Fernando,xxxviii[38] the accused was charged with, and convicted of, murder
by the trial court. On appeal, this Court modified the judgment and held the accused
liable for reckless imprudence resulting in homicide after finding that he did not act with
criminal intent.
Third. Coming now to the imposable penalty, under Art. 365, reckless imprudence
resulting in homicide is punishable by arresto mayor in its maximum period to prision
correccional in its medium period. In this case, taking into account the pertinent
provisions of Indeterminate Sentence Law, the accused-appellants should suffer the
penalty of four (4) months of arresto mayor, as minimum, to four (4) years and two (2)
months of prision correccional, as maximum.
As to their civil liability, accused-appellants should pay the heirs of Randy Luntayao
an indemnity in the amount of P50,000.00 and moral damages also in the amount of
P50,000.00.xxxix[39] In addition, they should pay exemplary damages in the amount of
P30,000.00 in view of accused-appellants gross negligence in attempting to cure the
victim without a license to practice medicine and to give an example or correction for the
public good.xl[40]
WHEREFORE, the decision of the Regional Trial Court, Branch 14, Cebu City, is
AFFIRMED with the MODIFICATION that accused-appellants are hereby declared
guilty of reckless imprudence resulting in homicide and are each sentenced to suffer an
indeterminate prison term of four (4) months of arresto mayor, as minimum, to four (4)
years and two (2) months of prision correccional, as maximum. In addition, accusedappellants are ORDERED jointly and severally to pay the heirs of Randy Luntayao
indemnity in the amount of P50,000.00, moral damages in the amount of P50,000.00, and
exemplary damages in the amount of P30,000.00.
SO ORDERED.
Bellosillo, (Chairman
DECISION
CALLEJO, SR., J.:
This is a petition for review on certiorari under Rule 45 of the 1997
Rules of Civil Procedure for the reversal of the decision [1] of the Court
of Appeals in CA-G.R. CR No. 22399 reversing the decision [2] of the
Regional Trial Court of Ifugao, Branch 14, in Criminal Case No. 808.
The Indictment
The petitioner was charged with homicide in an Information, the
accusatory portion of which reads:
That on or about the 4th day of June, 1992, in the Municipality of
Lagawe, Ifugao, and within the jurisdiction of the Honorable Court,
the above-named accused with intent to kill, and without any
justifiable reason whatsoever DID then and there willfully, unlawfully
and feloniously inflict physical injuries on the different parts of the
body of Dov Lourenz Dunuan which directly caused the latters death.
CONTRARY TO LAW.[3]
On arraignment, the petitioner, assisted by counsel, pleaded not
guilty.
The Case for the Prosecution
As culled by the trial court, the case stemmed from the following
facts:
In the early evening of June 4, 1992, Buss, Gilbert Baccay and
Herman Dinamling were drinking liquor (beer) inside the backroom of
the restaurant owned and managed by Emerita Danao, known then
as the Top Side Restaurant. This restaurant faces the concrete house
of the accused and their distance is more or less 10 meters with the
national highway separating both buildings.
There were other customers also drinking. While the liquor binge of
the three was on-going, Dov arrived and joined them as he was
invited. Moments later, Dov went to the juke box and played a tune
and continued taking in beer just as the rest were doing. After
consuming the bottle, he informed the group that he will go to the
other side (referring to the house of the accused which has a store in
it), but he was followed by Gilbert who stayed up to the main door of
the restaurant Buss and Herman Dinamling were left behind drinking.
Realizing that Gilbert was staying outside long, Buss told Herman to
stay put as he was going out to see the two. Reaching outside, he
saw Gilbert standing just near the Platinum Office (an insurance
office also located in the house of the accused) and near him was
Dov.
Buss decided to join the two who were still in front of the house of the
accused. Gilbert then intimated to Dov that Buss be his companion to
which Dov agreed. So Gilbert returned back to the restaurant while
Dov and Buss entered the store of Mr. Magno. Upon entering, Buss
saw the accused at the counter, the maid was situated at the kitchen.
Meanwhile, Dov sat near a table while Buss went to the counter to
order for some soft drinks (cola-cola). Mr. Magno did not answer but
at this moment, Olen (who is actually Lorraine Magno), daughter of
the accused, came out and told Buss that their soft drinks were
consumed but Buss retorted that earlier, he bought some soft drinks
and how come said drinks are now not available. With the exchange
of words between Olen and Buss, accused eyed sharply the two
intoxicated youngsters. Buss then urged and tried to pull Dov to get
out but the latter refused because the former saw the accused getting
angry. Dov persisted in staying and in fact removed Buss hold on
him. By this time, feeling the necessity of urination, Buss went outside
to relieve himself. After that, he turned to call Dov but when he was in
between the house of Cora Martin and that of the house of the
accused as both houses were very adjacent and likewise both facing
the Top Side Restaurant, he saw the accused strangle Dov. Aside
from this, he saw further Mr. Magno landing more blows on Dovs
chest and twisted the latters hand. While this was taking place, he
saw Dov with eyes and mouth opened due to the strangling and the
boxes thrown because he was four meters more or less from the
place where accused inflicted the injuries which was beside the
accuseds ISUZU cargo truck parked in front of the same house on a
sloping cemented portion.
Shocked by what he saw, he ran away proceeding to the nearby Top
Side Restaurant, then went to the direction of the Don Bosco High
School which was also very near and as he was about to proceed to
Lagawe Proper (a nearby barangay), he thought his companions left
the restaurant, so he returned back as fast as he could, opened the
door, sat down and leaned his head on a table. As he was tongue
tied, he did not tell anyone what he saw but at this very instance,
shouts were heard and the voice of Emerita Danao yelling Its Dov,
its Dov , its Dov, was in particular the voice he heard.
Hearing this, Buss then went out and saw his companions Herman
and Gilbert carrying the body of Dov just near the store of the
accused. He noticed further that the parked truck of the same
accused was nowhere to be seen, so he helped his two friends hold
the body of Dov and saw blood oozing from the latters nose and
mouth (Exhibits A, A-1, A-2).
Meanwhile, Gilbert Baccay, after leaving Buss and Dov at the
frontage of accuseds residence, returned to the restaurant to join
Herman Dinamling in the drinking and while telling stories and
listening to the music, they suddenly heard a shout outside, and
Gilbert saw Mrs. Emerita Danao crying. He immediately went out of
the restaurant and saw his friend Dov sprawled on the cemented
portion of the frontage of Magnos house just beside the paved
national road. Hurriedly, he went to Dov, turned and took hold of him
and asked Dov, what happened to you? but the latter did not move
and answer. He saw Dovs eyes blankly open and blood was oozing
from his nose. Then Herman Dinamling arrived but Gilbert still asked
Dov what happened, but the little son of Emerita Danao who was
present pointed to the accused, who by then just arrived still driving
the big vehicle, as . That one who did it to him. The accused next
told them to look for a tricycle to bring Dov to the hospital. (Exhibit
K and sub-markings). After saying this, accused drove said truck
and proceeded towards the direction of the Don Bosco Teachers
Quarters passing the Top Side Restaurant. Mrs. Emerita Danao by
then called a tricycle to rush Dov to the hospital. Buss and Gilbert
rushed to inform Dovs parents what transpired.
Upon the request of the relatives of the victim, coursed through
official channels (Exhibits B, C, D, and E), Dr. Ruben
Angobung, Medico-Legal Officer, NBI, Ilagan, Isabela, conducted an
autopsy or exhumation on the body of Dov. (Exhibits F, G, H and
its sub-markings, I, J). Hereunder are his findings and the extent of
the injuries, to wit:
PHYSICAL INJURIES:
CONTUSED ABRASIONS:
1. 3.0 x 2.0 cms., cheek, left aspect.
2. Multi-linear; irregularly distributed in a horizontal
fashion, covering an area of 5.0 x 1.0 cm., located more
at the anterior aspect of the neck tapering irregularly on
the left side.
3. Confluent; measuring 10.0 x 7.5 cms., located at the
anterior upper-half, chest, between the anterior fold and
the nipple, right.
4. 1.0 x 1.0 cm., located at the anterior chest wall, midline.
5. 2.5 x 1.5 cms., anterior upper-half, chest left side.
6. 1.5 x 0.3 cm., posterior aspect, upper midline thorax;
7. 4.5 x 1.0 cm., posterior aspect, medial to inner left scapula
margin, left.
8. 22.0 x 3.0 cms., postero-lateral aspect, forearm, left.
CONTUSIONS:
1. 10.0 x 1.0 cm., postero-lateral aspect, external ear, right.
2. 10.0 x 4.5 cms., posterior-proximal third, arm, left.
3. 4.0 x 1.0 cm., anterior wrist, right.
HEMATOMA:
1. Subcutaneous and intramuscular, moderate in amount,
anterior chest, right side above 3rd, 4th and 5th anterior
ribs.
2. Subcutaneous and intramuscular, severe, located at the
anterior chest, above 2nd and 3rd anterior ribs, left.
FRACTURED:
1. Second anterior rib, complete along mid-clavicular line, left.
2. Third anterior rib, complete at costo-chondral junction, left.
On June 4, 1992, Jun Mar Danao was then 10 years old; Nerry Ann
Bravo a niece of Mr. and Mrs. Magno, was also ten years old and
Lorraine Magno, daughter of the accused, was then 12 years old.
Between 6:00 to 7:00 p.m. of June 4, 1992, the store of the accused
was opened and Lorraine Magno and her cousin Nerry Ann Bravo
together with the accused were inside the store. Lorraine and Nerry
were sitting just behind the counter and attending to the store for any
customer. The accused was reading a newspaper at the counter. Two
persons entered the store and they were Dov and Buss who were
drunk because of the smell of liquor and their swaying movements.
They seated themselves beside one of the tables, and they asked for
soft drinks (coke) from Lorraine but she told them that their soft drinks
were consumed. Buss stood up and called Dov come now but Dov
answered you go, so Buss left Dov. Dov stood up and went to the
counter and looked at the accused who was near the counter reading
a newspaper. The accused advised Dov in a soft tone to go home
because he was drunk. Dov went out. Mr. Magno ordered Nerry and
Lorraine to close the store but it was the latter who closed the
accordion door and a space of two feet was left opened because Dov
was forcing the door to be opened for him to tell something to the
accused. Dov was telling Lorraine Can I talk to your papa? to which
Lorraine retorted, What will you talk about? Dov turned to leave, so
Lorraine shut the accordion door.
Moments later, they heard banging sounds particularly the sound of
stones thrown at the accordion door. The accused stood up as he
was surprised by the stoning and opened the same door. The
accused went out looking for anybody who stoned. He went to the
street while Lorraine followed his father but she stayed just at the
accordion door while Nerry Ann Bravo was at her back. They saw
nobody on the street except the accused. Then immediately accused
passed by the front of the Isuzu truck parked in front of the store of
the accused and got to the drivers seat, switched on the light, started
the engine and proceeded to the plaza turning in the right direction.
Before the accused drove away, Lorraine noticed a boy under the
truck crawling towards her so she screamed to her father to stop the
truck but her father did not hear and sped off, leaving this boy in the
same spot where the truck was parked. Lorraine went near the boy
and noticed him to be Dov Dunuan, as if he was sleeping and not
moving. Nerry Ann Bravo saw that the person was ran over by the
last wheel of the truck. Lorraine ran to the Topside Restaurant to call
for help and she met Emerita Danao on the steps. The latter followed
Lorraine and both of them went to the body of Dov and Emerita
Danao was crying. Mrs. Danao then lifted the head of the victim and
rested it again on the ground, while she was looking for a tricycle to
rush Dov to the hospital. A few seconds, the accused riding on the
same truck arrived and appeared surprised as to what happened.
Lorraine informed him that Dov was ran over. The accused then told
them to look for a tricycle and bring him to the hospital while the
accused went to report the incident to the police. Emerita Danao and
Emilio Bugatti brought Dov to the hospital but Mr. Bugatti dropped by
at the Provincial Headquarters. (Exhibits 10, 10-A, 11 and 11A).
Nerry Ann and Lorraine never saw any strangulation made by the
accused on the victim, nor did they see any mauling or boxing nor a
quarrel between the accused and victim.
At about this time between 6:00 to 7:00 p.m. of June 4, 1992, Jun
Mar Danao was sitting at the step located in front of their house when
somebody threw a stone at the house of the accused, so he went
inside and peeped through the window of their sala and saw the late
Dov at the front of the house of the accused. That Dov was standing
there and suddenly he ran under the Isuzu truck parked just in front of
the store of the accused. Just then, the accused and his daughter
Olen or Lorraine came out from the store. The accused went to the
edge of the road as if he was looking for somebody, then went and
entered the drivers seat, started the engine and was going to the
plaza. When the truck left, he saw Dov lying down on the ground
where the truck came from, so he ran to her mother and shouted Ma,
Dov Dov was ran over by the truck.
Mrs. Emerita Danao, by that time was busy doing kitchen chores and
at the same time attending to some customers who were drinking and
among them were Gilbert Baccay, Herman Dinamling, and Dennis
Baliti and his group. Not long after, Buss entered together with Dov
both using separate doors all located at the back of the restaurant but
before their entrance, Buss and Dov were playing throwing stones at
each other also at the back of the restaurant.
When Dov entered, she cautioned him to go home because the latter
was a little bit drunk. Buss was likewise observed to be under the
influence of liquor. These two friends proceeded to where Gilbert and
Herman were seated and they ordered beer. The restaurant, pursuant
to an Ordinance, was supposed to close at 7:00 p.m., so she told the
group of Buss to leave as soon as they finish their last order. She
continued her work in the kitchen when suddenly she heard her son
shouting Dov was ran over by a vehicle. After hearing this, she
rushed to the front door and also heard Olen (Lorraine Magno) saying
you come and see Dov because he was ran over by my daddy, the
truck of my Daddy. When she went down to see Dov, she noticed
the parked truck she usually sees in front of the house of the accused
was not there, so she held again the head of Dov and tried to look for
a tricycle. She observed Dov a little bit unconscious and not talking
but she kept looking around for a ride. She returned back to her
restaurant to ask for help. She found Buss lying his head down on a
table so she shook him and told him that please go to the house of
Dov Dunuan and ask the parents to come. Buss was awakened
from his sleep and he was surprised and said Neh, and then ran to
the direction of the house of Dov. (Exhibit M for the prosecution
which is the Affidavit of Emerita Danao). Just then the truck of the
accused arrived and the latter appeared surprised but he was told by
his daughter, Dov was ran over by the truck. The accused told them
to look for a vehicle to bring Dov to the hospital while he will report to
the police.
Finally, she found a tricycle and rushed Dov to the hospital together
with some companions.
SPO3 Agustin Nabanalan was then on duty in the early evening of
June 4, 1992. At around 7:00 p.m., accused Oscar Magno, driving his
Isuzu truck, appeared before the Lagawe PNP Station particularly
appearing before him who was then the assigned investigating officer
at that time. The latter inquired from the accused and he was told
that the accused accidentally ran over Dov Lourenz Dunuan in front
of accuseds residence. The accused stayed at the station until the
following morning for security reasons and to surrender himself.
Based from his interview with the accused and from what he gathered
at the crime scene when they later went that evening, he prepared a
spot report (Exhibit 7, 8 and 9) which basically involved a
vehicular accident. His findings were:
Initial investigation conducted by this Police Station reveals that
allegedly the victim hid himself under the same vehicle which was
parked and without the knowledge of the driver of his presence, he
drove the vehicle thus the incident happened (Exhibit 7-A)
He has submitted to higher authorities a progress report stating
therein that the relatives of the victim will be responsible in filing the
case directly in Court or with the Provincial Prosecutors Office. But
despite this, they continued the investigation for additional evidence
but no one appeared to give his/her statements. Except for the spot
report he prepared, nothing was done until they were called by Atty.
Evelyn Dunuan who interviewed them and thereafter, she prepared
an affidavit and they were given time to correct the same. After they
made the necessary corrections, they had it subscribed before they
affixed their signatures (Exhibit 6 Joint Affidavit of Gabriel
Guinanoy, Edmundo Pinkihan, Agustin Nabanalan and Orlando
Bandao).
He likewise stated that what was narrated by the accused was
entered in the police blotter but the entry in the blotter was missing.
Not only that, almost one-half of the pages was missing from the
blotter reason for which he could not bring to Court the excerpt of the
blotter or the blotter itself. In fact, the entries covering the pages from
January to November, 1992 do not exist and he cannot explain how
the pages containing the entries were missing. Worse, three months
after the death of Dov, he was relieved and re-assigned at the Patrol
Center so that all the records were left at the office. In one way or the
other, the head of their investigation section SPO3 Clemencio
He was one of those relieved and the records of the case surrounding
the death of Dov remained intact but when they were re-assigned,
whenever he would request for the documents, nothing is available to
him.
Chief Inspector Santiago Dunuan replaced Chief Inspector Pascua
and the former is the uncle of the deceased Dov.
Dr. Ronald Bandonill, Medico-Legal Officer, NBI-CAR, Baguio City, as
an expert witness affirmed some findings of prosecution expert
witness Dr. Ruben Angobung, NBI, Ilagan, Isabela, specifically the
findings on contused abrasions No. 2:
Multi-linear; irregularly distributed in a horizontal fashion, covering an
area of 5.0 x 1.0 cm., located more at the anterior aspect of the neck
tapering irregularly on the left side.
and which the prosecution claims to be evidence of strangulation but
herein witness agreed with Dr. Angobung statements that the abovementioned injury is not a strangulation wound, and that the word
multi-linear is usually found in victims of vehicular accidents.
Examining the exhumation report of Dr. Angobung, he didnt see any
signs which are attributed to strangulation.
Then in wound No. 3.
Confluent; measuring 10.0 x 7.5 cm., located at the anterior upperhalf chest, between the anterior fold and the nipple right.
said doctor agrees with Dr. Angobungs claim that such wound on the
chest was not caused or produced by the bare fist of a human being.
Taking the totality of the exhumation findings of Dr. Ruben Angobung,
he agrees with the statements of the former that the
wounds/contusions/abrasions listed are compatible with that of the
injuries caused or introduced by a slow moving vehicle. [5]
After due proceedings, the trial court rendered judgment convicting
the petitioner of homicide under Article 249 of the Revised Penal
Code, the decretal portion of which reads:
From the foregoing premises, the Court finds that the prosecution
was able to establish the guilt of the accused Oscar Magno beyond
reasonable doubt and accordingly, he is hereby sentenced to suffer
the penalty of reclusion temporal. Applying the Indeterminate
Sentence Law, he is sentenced to serve imprisonment of from 10
years and one day to 12 years and 6 months of reclusion temporal in
its minimum period.
He is further ordered to pay the heirs of the late Dov Lourenz
Dunuan, the indemnity of P50,000.00. Likewise, he is also ordered to
pay said heirs the following:
A)
D)
SO ORDERED.[6]
The petitioner appealed to the Court of Appeals (CA) contending that
he deserved acquittal of the crime charged. The CA rendered
judgment reversing the decision of the RTC and finding the petitioner
guilty beyond reasonable doubt of reckless imprudence resulting in
homicide under Article 365 of the Revised Penal Code. The decretal
portion of the decision of the CA reads:
WHEREFORE, premises considered, the Decision appealed from is
hereby SET ASIDE and anew one entered, finding the accusedappellant Oscar Magno GUILTY beyond reasonable doubt of the
crime of RECKLESS IMPRUDENCE RESULTING IN HOMICIDE
punishable under Article 365 of the Revised Penal Code. Accusedappellant Oscar Magno is hereby sentenced to suffer an
indeterminate imprisonment of One (1) Year, Seven (7) months and
Eleven (11) days of prision correccional, as minimum, to Two (2)
years, Ten (10) months and Twenty (20) days of prision
correccional, as maximum, and to pay the heirs of the late Dov
Lourenz Dunuan, the sum of P75,000.00 as indemnity for the death
of the victim. Accused-appellant is likewise ordered to pay said heirs
P117,000.00 as actual damages plus costs.
SO ORDERED.[7]
The petitioners motion for reconsideration of the decision was denied
by the CA.
Before this Court, the petitioner assails the decision of the CA and
prays for the reversal thereof, contending that the Court of Appeals
erred in finding him guilty beyond reasonable doubt of reckless
imprudence resulting in homicide on a charge of homicide committed
with dolo or with malice.[8]
The Petitioner prays ex abundentia cautela that if this Court sustains
the decision of the Court of Appeals, he be granted probation. He
appended a copy of his petition for probation to his petition in this
Court. He prays the Court that:
a. The case against your petitioner OSCAR MAGNO be dismissed
because he cannot be convicted for Reckless Imprudence resulting in
Homicide as the said charge is not included in the original charge of
Homicide; WITHOUT PREJUDICE to the filing of the proper charges
and before the proper courts in accordance with the guidelines
implied by the Decision of the Honorable COURT OF APPEALS on
what should be the proper offense charged;
b. Or, in the alternative, assuming that this Honorable Court shall not
look kindly upon his prayer above, that he be allowed to APPLY FOR
PROBATION whether directly ordered by this Honorable SUPREME
COURT in the valid exercise of its inherent judicial powers, or by
remanding the records of the case to the lower court for promulgation
i
ii
iii
iv
v
vi
vii
viii
ix
x
xi
xii
xiii
xiv
xv
xvi
xvii
xviii
xix
xx
xxi
xxii
xxiii
xxiv
xxv
xxvi
xxvii
xxviii
xxix
xxx
xxxi
xxxii
xxxiii
xxxiv
xxxv
xxxvi
xxxvii
xxxviii
xxxix
xl