People-vs-Villacorta G-R-No-186412

 

PEOPLE VS. VILLACORTA, G.R. No. 186412 (2011)

FACTS: Villacorta was charged with the crime of murder. Sometime in 2002, Villacorta, armed with a sharpened bamboo stick, with intent to kill, treachery and evident premeditation, willfully, unlawfully and feloniously attacked, assaulted and stabbed Danilo Cruz, thereby inflicting serious wounds which caused immediate death. Upon arraignment, Villacorta pleaded not guilty. In the early morning of January, while Danilo Cruz was buying bread from the store of Cristina Mendeja located in Navotas, Villacorta suddenly appeared out of nowhere and stabbed Cruz in the left side of his body using a sharpened bamboo stick. Mendeja chased Villacorta but did not succeed to catch him. When Mendeja returned to the store, her neighbor Aron was already tending the wounds of Cruz, removing the bamboo stick out of his body. Cruz was rushed to and treated as an out-patient at Tondo Medical Center. It was only after 22 days that Cruz was admitted to San Lazaro Hospital for symptoms of severe tetanus infection, where he died the following day. Dr. Belandres, Head of the Tetanus Department at the San Lazaro Hospital, testified that, using Cruz’s medical chart and diagnosis, he was able to determine that Cruz died of  tetan tetanus us infec infectio tion n seco second ndary ary to stab stab woun wound. d. The The prosec prosecuti ution on did not not prese present nt ev evide idence nce of the the emergency medical treatment Cruz received at the Tondo Medical Center, subsequent visits by Cruz to Tondo Medical Center or any other hospital for follow-up medical treatment of his stab wound, or  Cruz’s activities within the 22 days. RTC: Villacorta guilty of murder, qualified by treachery. He was sentenced to suffer the penalty of  reclusion perpetua and to pay the heirs of Danilo Cruz of P50,000 as civil indemnity plus the costs of suit. CA: Affirmed in toto the RTC judgment against Villacorta. Hence, this appeal before the SC. ISSUE: Whether Villacorta should be convicted of murder?

HELD:

NO, only slight physical injuries. The proximate proximate cause of Cruz’s Cruz’s death is the tetanus tetanus infectio infection, n, and not the stab wound. wound. Proximat Proximate e caus cause e is "that "that cause cause,, which which,, in natura naturall and and conti continu nuous ous seque sequence nce,, unbro unbroken ken by any any effic efficien ientt intervening cause, produces the injury, and without which the result would not have occurred." The SC is faced with the very same doubts as that in Urbano vs. IAC that compels it to set aside the conviction of Villacorta for murder. There had been an interval of 22 days between the stabbing and the date when Cruz was rushed to San Lazaro Hospital, exhibiting symptoms of severe tetanus infec inf ectio tion. n. If Cr Cruz uz ac acqu quire ired d sever severe e tetan tetanus us from from the stabbi stabbing ng,, then then the the sympt symptom oms s would would have have appeared a lot sooner than 22 days later. As the Court noted in Urbano, severe tetanus infection has a short incubation period, less than 14 days; and those that exhibit symptoms with 2-3 days from the injury, have 100% mortality. Ultimately, we can only deduce that Cruz’s stab wound was merely the remote cause, and its subsequent infection with tetanus might have been the proximate cause of  Cruz's death. The infection of Cruz’s stab wound by tetanus was an efficient intervening cause later  than or between the time Cruz was stabbed to the time of his death. Ur Urba bano no v. IAC: IAC: Urba Urbano no appe appeale aled d before before the the SC, SC, alleg alleging ing that that when when Javier Javier’s ’s wo woun und d was was first first examined, the doctor did not find any tetanus infection and that Javier could have acquired tetanus when he returned to work on his farm 2 weeks after sustaining his injury. The incubation period for tetanus and the length of time between the hacking incident and the manifestation of severe tetanus created doubts in the mind of the Court that Javier acquired severe tetanus from the hacking incident. 

 

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The rule is that the death of the victim must be the direct, natural, and logical consequence of  the wounds inflicted upon him by the accused . The proof that the accused caused the victim's death must convince a rational mind beyond reasonable doubt . The medical findings, however, lead lead to a disti distinc nctt poss possibi ibilit lity y that that the infec infectio tion n of the wound wound by tetanu tetanus s was was an effici efficien entt intervening cause. The infection was, therefore, distinct and foreign to the crime.

Villacorta is not totally without criminal liability. Villacorta is guilty of slight physical injuries under   Article 266(1) 266(1) of the RPC for the stab wound he inflicted. inflicted. Although Although the charge is for murder, murder, a finding of guilt for the lesser offense of slight physical injuries may be made because the latter offense is necessarily included in the former – the essential ingredients of slight physical injuries are part of  those constituting murder. We cannot hold Villacorta criminally liable for attempted or frustrated murder because the prosecution was not able to establish Villacorta’s intent to kill. Also, there was no evidence to establish that Cruz was incapacitated for labor and/or required medical attendance for  more than 9 days. Without such evidence, the offense is only slight physical injuries. We still appreciate treachery as an aggravating circumstance, it being sufficiently alleged in the Information Informat ion and proved during trial. Treachery Treachery exists when an offende offenderr commits any of the crimes against persons, employing means, methods or forms which tend directly or especially to ensure its execution, without risk to the offender, arising from the defense that the offended party might make.

DISPOSITIVE: The CA decision affirming that of the RTC of Malabon is REVERSED and SET ASIDE. A new  judgment is entered finding Villacorta Villacorta GUILTY beyond reasonable reasonable doubt of the crime of SLIGHT PHYSICAL INJURIES under Article 266 of the RPC, and sentenced to suffer the penalty of 30 days arresto menor. Considering that Villacorta has been incarcerated beyond the period of the penalty imposed, his immediate release is ordered. Villacorta is ordered to pay the heirs of Danilo Cruz moral damages in the sum of P5,000.