People of the Philippines vs Leon Castillo, et al.

CA 227; 1 February 1946

FACTS:

On February 18, 1941, Mr. Silvino Belarmino, who has been suffering from a certain disease,
bought one-third formula of the medicine prescribed by Dr. Antonio G. Sison at the Escudero Drug Store
in San Pablo City. Dr. Leon Castillo, manager of Escudero Drug Store, and Mrs. Nena Tanalega
Raymundo, pharmacy clerk, mutually helped each other prepare and dispense the prescribed medicine.
Instead of mixing the required proportion of Spartein sulphate, Nena Tanalega, the pharmacist, mixed
and compounded in the formula a toxic dose of Strychnine sulphate, a poisonous substance. Mr.
Belarmino, upon taking one capsule of the medicine on the very same day, was poisoned and would
have died, had it not been for his immediate action.

Nena Tanalega Raymundo was found guilty of the crime of frustrated homicide through reckless
imprudence by the trial court. She appealed said decision to the Court of Appeals claiming that the
Court had erred in holding that a felony was committed through reckless imprudence where the relation
of proximate cause to effect has not been proved. After the hearing, the Court of Appeals found her
guilty of slight physical injuries through reckless imprudence. Raymundo filed a motion for
reconsideration on the ground that there was no evidence, beyond reasonable doubt, that the ailments
suffered by the offended party, were due to the capsules purchased from the drug store in question.

ISSUES:

Whether or not there was sufficient basis for such judgment on the ground that no evidence has
been adduced to show the nature or extent of the injury sustained by the complainant

Whether such injury has been caused by the drug or medicine sold to him by the Escudero Drug
Store, as no specimen has been taken for medical examination

HELD:

It has been shown by expert testimony that complainant had been a victim of strychnine
poisoning and that the amount of strychnine sulphate found in one of the capsules examined was
sufficient to cause the death of complainant.

In the case at bar, the Court of appeals modified the decision of the Trial court, and concluded
that the offense committed by the defendant and appellant Nena Tanalega Raymundo was slight
physical injuries through reckless imprudence, and imposed upon her a fine of P200 and to pay the
costs. She is found guilty of having prepared one medicine for another, under a false name, in violation
of the provision of section 751 of the Revised Administrative Code. Sec 751 provides that every
pharmacist shall be responsible for the quality of all drugs, chemicals, medicines, and poisons he may
sell or keep for sale; and it shall be unlawful for any person whomsoever to manufacture, prepare, sell,
or administer any prescription, drug, chemical, medicine, or poison so used, sold, or offered for sale.

The petition for reconsideration is consequently denied.