G.R. No.
L-30801 March 27, 1974
THE PEOPLE OF THE PHILIPPINES,
vs.
DOMINGO URAL,
FACT:
Brigido decided to sleep in the Buug municipal building where there would be
more security.
Upon arrival in the municipal building at around eight o'clock, he witnessed an
extraordinary occurrence. He saw Policeman Ural (with whom he was already
acquainted) inside the jail. Ural was boxing the detention prisoner, Felix Napola.
As a consequence of the fistic blows, Napola collapsed on the floor. Ural, the
tormentor, stepped on his prostrate body.
Ural went out of the cell. After a short interval, he returned with a bottle. He
poured its contents on Napola's recumbent body. Then, he ignited it with a match
and left the cell. Napola screamed in agony. He shouted for help. Nobody came
to succor him.
Much perturbed by the barbarity which he had just seen, Alberto left the
municipal building. Before his departure, Ural cautioned him: "You better keep
quiet of what I have done" . Alberto did not sleep anymore that night. From the
municipal building, he went to the crossing, where the cargo trucks passed. He
hitchhiked in a truck hauling iron ore and went home.
Napola died on August 25, 1966. The sanitary inspector issued a certificate of
death indicating "burn" as the cause of death (Exh. B).
ISSUE:
Whether or not the
RULING:
This case is covered by article 4 of the Revised Penal code which provides that
"criminal liability shall be incurred by any person committing a felony (delito) although
the wrongful act done be different from that which he intended". The presumption is
"that a person intends the ordinary consequences of his voluntary act" (Sec. 5[c], Rule
131, Rules of Court).
The rationale of the rule in article 4 is found in the doctrine that "el que es causa de la
causa es causa del mal causado" (he who is the cause of the cause is the cause of the
evil caused
There is a rule that "an individual who unlawfully inflicts wounds upon another person,
which result in the death of the latter, is guilty of the crime of homicide, and the fact that
the injured person did not receive proper medical attendance does not affect the
criminal responsibility" (U.S. vs. Escalona, 12 Phil. 54)
The crime committed by appellant Ural was murder by means of fire (incendio)
It is manifest from the proven facts that appellant Ural had no intent to kill Napola. His
design was only to maltreat him may be because in his drunken condition he was
making a nuisance of himself inside the detention cell. When Ural realized the fearful
consequences of his felonious act, he allowed Napola to secure medical treatment at
the municipal dispensary.
Lack of intent to commit so grave a wrong offsets the generic aggravating, circumstance
of abuse of his official position. The trial court properly imposed the penalty of reclusion
perpetua which is the medium period of the penalty for murder (Arts. 64[4] and 248,
Revised Penal Code).