G.R. No. 152133 February 9, 2006 ROLLIE CALIMUTAN, Petitioner,vs. PEOPLE OF THE PHILIPPINES, ET AL.

, RespondentsFACTS: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 PHILIPCANTRE, hitting him at the back left portion of his body, resulting in laceration of spleen due toimpact 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 thrownby petitioner Calimutan at the victim Cantre was the proximate cause of the latters death, despitebeing done with reckless imprudence rather than with malicious intent, petitioner Calimutan remainscivilly liable for such death.