calimutan vs people FACTS Victim Cantre crossed paths with petitioner Calimutan and a certain Michael Bulalacao.

Victim Cantre was harboring a grudge against Bulalacao, suspecting the latter as theculprit responsible for throwing stones at the Cantres house on a previous night. Thus,upon seeing Bulalacao, victim Cantre suddenly punched him. While Bulalacao ranaway, petitioner Calimutan dashed towards the back of victim Cantre. Petitioner Calimutan then picked up a stone which he threw at victim Cantre, hitting him at the leftside of his back. Victim Cantre complained of backache and also of stomachache, and was unable toeat. By nighttime, victim Cantre was alternately feeling cold and then warm. He wassweating profusely and his entire body felt numb. For the last time, he complained of backache and stomachache, and shortly thereafter, he died. 9 Victim Cantre suffered from an internal hemorrhage and there was massiveaccumulation of blood in his abdominal cavity due to his lacerated spleen. Thelaceration of the spleen can be caused by any blunt instrument, such as a stone.Hence, Dr. Mendez confirmed the possibility that the victim Cantre was stoned to deathby petitioner Calimutan. 13 IssueWhether or not petitioner should be convicted of Homicide? HeldIt should be remembered that the meeting was a chance encounter. While a runninggrudge existed between the victim Cantre and Bulalacao, there was none between thevictim Cantre and petitioner Calimutan.The prosecution did not establish that petitioner Calimutan threw the stone at the victimCantre with the specific intent of killing. What is obvious was petitioners intention toprotect his helper Bulalacao who was, much younger and smaller in built than the victimCantre. In the absence of such intent, petitioner Calimutan is only guilty of reckless imprudence resulting in homicide.