6. G.R. No.

152133             February 9, 2006

ROLLIE CALIMUTAN, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, ET AL., Respondents

Facts:
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 PHILIP CANTRE, hitting him at the back left portion of his body, resulting in laceration
of spleen due to impact which caused his death a day after.

1st Topic: Homicide

Issue:
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
latter¶s death, despitebeing done with reckless imprudence rather than with malicious
intent, petitioner Calimutan remainscivilly liable for such death.