G.R. No. 182750 January 20, 2009
RODEL URBANO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioner Rodel Urbano was charged with Homicide for the death of Brigido Tomelden. On September 28, 1993, in Lingayen, Pangasinan, Urbano and Tomelden, co-workers who had been drinking, engaged in a heated altercation inside the Lingayen Water District compound. This led to a fistfight. Eyewitness Orje Salazar testified that Urbano delivered a “lucky punch” to Tomelden’s face, causing Tomelden’s nose to bleed and rendering him unconscious. Tomelden was prevented from hitting his head on the ground by companions. Tomelden was brought to an office and remained in the compound the next day. On the evening of September 29, he complained of pain to his wife, Rosario, and was brought to Lingayen Community Hospital, where Dr. Daisy Arellano treated him for a lacerated finger, contusions, and hematoma. Tomelden returned to the hospital on October 2 and 7, complaining of dizziness and headache. On October 8, he was taken to Sison Memorial Provincial Hospital, where Dr. Ramon Ramos diagnosed a brain injury secondary to mauling. He was discharged on October 10 but returned to Lingayen Community Hospital the same day, where Dr. Arellano noted he was semi-conscious. Tomelden died at 9:00 p.m. on October 10, 1993. The autopsy report by Dr. Arellano stated the cause of death as “cardio-respiratory arrest secondary to cerebral concussion with resultant cerebral hemorrhage due to mauling incident.” Urbano denied intent to kill, asserting Tomelden died from hypertension. The RTC found Urbano guilty of Homicide. The CA affirmed the conviction but added an award of moral damages.

ISSUE

1. Whether the CA erred in affirming the RTC decision finding Urbano guilty beyond reasonable doubt of Homicide.
2. Whether the mitigating circumstances of sufficient provocation on the part of the victim and lack of intent to commit so grave a wrong should be appreciated in Urbano’s favor.

RULING

1. The petition is partly meritorious. Homicide was duly proved. The prosecution established beyond reasonable doubt that Urbano’s “lucky punch” was the proximate cause of Tomelden’s death. The testimonies of eyewitness Orje Salazar and Dr. Daisy Arellano, corroborated by Rosario Tomelden, clearly established the causal link between the fist blow and the fatal cerebral hemorrhage. The Court found no merit in Urbano’s claim that Tomelden’s hypertension caused his death, as the post-mortem report indicated no such cause.
2. The Supreme Court ruled that the mitigating circumstances of sufficient provocation and lack of intent to commit so grave a wrong were present. The altercation was a sudden quarrel where Tomelden initiated the provocation by hurling insulting remarks at Urbano. Furthermore, Urbano had no intent to kill, as the single fist blow, though fatal, was not aimed at a vital part and the fight was a mutual aggression. Appreciating these two mitigating circumstances and applying the Indeterminate Sentence Law, the Court modified the penalty. The CA decision was MODIFIED: Urbano was sentenced to an indeterminate prison term of two (2) years and four (4) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. The awards of PHP50,000.00 civil indemnity and PHP50,000.00 moral damages to the heirs were AFFIRMED.