G.R. No.

152133

February 9, 2006

ROLLIE CALIMUTAN, Petitioner, vs. PEOPLE OF THE PHILIPPINES, ET AL., Respondents

FACTS: That on or about February 4, 1996, in the morning thereof, at sitio Capsay, Barangay Panique, Municipality of Aroroy, Province of Masbate, Philippines Rollie Calimutan throw a stone at PHILIP CANTRE, hitting him at the back left portion of his body, resulting in laceration of spleen due to impact which caused his death a day after. ISSUES: Whether or not Rollie Calimutan is guilty beyond reasonable doubt of the crime of homicide under Article 249 of the Revised Penal Code. Held: Yes Rollie Calimutan is guilty of the crime of homicide, Since it is irrefragable that the stone thrown by petitioner Calimutan at the victim Cantre was the proximate cause of the latters death, despite being done with reckless imprudence rather than with malicious intent, petitioner Calimutan remains civilly liable for such death.

EDUARDO P. MANUEL, G.R. No. 165842 Petitioner, Present: PUNO, J., Chairman, AUSTRIA-MARTINEZ, - versus - CALLEJO, SR., TINGA, and CHICO-NAZARIO,* JJ. ' Promulgated: PEOPLE OF THE PHILIPPINES, Respondent.November 29, 2005
Facts:

That on or about the 22nd day of April, 1996, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused EDUARDO P. MANUEL, being then previously and legally married to RUBYLUS [GAA] and without the said marriage having been legally dissolved, did then and there willfully, unlawfully and feloniously contract a second marriage with TINA GANDALERA-MANUEL, herein complainant, who does not know the existence of the first marriage of said EDUARDO P. MANUEL to Rubylus Issues: Whether or not Eduardo is guilty of Bigamy Held: Yes,

[A.M. No. RTJ-02-1673 : August 11, 2004 EDUARDO P. DIEGO, complainant, v. judge silverio q. castillo, Regional Trial Court, Dagupan City, Branch 43, Respondent.

Facts:
a)On January 9, 1965, accused Lucena Escoto contracted marriage with Jorge de Perio, Jr., solemnized before then Mayor Liberato Reyna of Dagupan City.The couple were both Filipinos. In the marriage contract, the accused used and adopted the name Crescencia Escoto, with a civil status of single; b)In a document dated February 15, 1978, denominated as a Decree of Divorce and purportedly issued to Jorge de Perio as petitioner by the Family District Court of Harris County, Texas (247th Judicial District), it was ordered, adjudged and decreed, that the bonds of matrimony heretofore existing between Jorge de Perio and Crescencia de Perio are hereby Dissolved, Cancelled and Annulled and the Petitioner is hereby granted a Divorce. c)Subsequently, on June 4, 1987, the same Crescencia Escoto contracted marriage with herein complainants brother, Manuel P. Diego, solemnized before the Rev. Fr. Clemente T. Godoy, parish priest of Dagupan City. The marriage contract shows that this time, the accused used and adopted the name Lucena Escoto, again, with a civil status of single.1

G.R. No. L-47722

July 27, 1943

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO Z. OANIS and ALBERTO GALANTA, defendants-appellants. Facts: In the afternoon of December 24, 1938. Captain Godofredo Monsod, Constabulary Provincial Inspector at Cabanatuan, Nueva Ecija, received from Major Guido a telegram of the following tenor: "Information received escaped convict Anselmo Balagtas with bailarina and Irene in Cabanatuan get him dead or alive." Captain Monsod accordingly called for his first sergeant and asked that he be given four men. Defendant corporal Alberto Galanta, and privates Nicomedes Oralo, Venancio Serna and D. Fernandez, upon order of their sergeant, reported at the office of the Provincial Inspector where they were shown a copy of the above-quoted telegram and a newspaper clipping containing a picture of Balagtas. They were instructed to arrest Balagtas and, if overpowered, to follow the instruction contained in the telegram. The same instruction was given to the chief of police Oanis who was likewise called by the Provincial Inspector. When the chief of police was asked whether he knew one Irene, a bailarina, he answered that he knew one of loose morals of the same name. Upon request of the Provincial Inspector, the chief of police tried to locate some of his men to guide the constabulary soldiers in ascertaining Balagtas' whereabouts, and failing to see anyone of them he volunteered to go with the party. The Provincial Inspector divided the party into two groups with defendants Oanis and Galanta, and private Fernandez taking the route to Rizal street leading to the house where Irene was supposedly living. When this group arrived at Irene's house, Oanis approached one Brigida Mallare, who was then stripping banana stalks, and asked her where Irene's room was. Brigida indicated the place and upon further inquiry also said that Irene was sleeping with her paramour. Brigida trembling, immediately returned to her own room which was very near that occupied by Irene and her paramour. Defendants Oanis and Galanta then went to the room of Irene, and an seeing a man sleeping with his back towards the door where they were, simultaneously or successively fired at him with their .32 and .45 caliber revolvers. Awakened by the gunshots, Irene saw her paramour already wounded, and looking at the door where the shots came, she saw the defendants still firing at him. Shocked by the entire scene. Irene fainted; it turned out later that the person shot and killed was not the notorious criminal Anselmo Balagtas but a peaceful and innocent citizen named Serapio Tecson, Irene's paramour. The Provincial Inspector, informed of the killing, repaired to the scene and when he asked as to who killed the deceased. Galanta, referring to himself and to Oanis, answered: "We two, sir." The corpse was thereafter brought to the provincial hospital and upon autopsy by Dr. Ricardo de Castro, multiple gunshot wounds inflicted by a .32 and a .45 caliber revolvers were found on Tecson's body which caused his death. Issues:

G.R. No. L-24978 March 27, 1926 THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FERNANDO DE FERNANDO, defendant-appellant.
Facts

Held

The crime committed by the caused, therefore, is homicide through reckless negligence defined and punished in article 568, in relation with article 404, of the Penal Code, the penalty prescribed by lawarresto mayor in its maximum degree to prision correcional in its minimum degree.