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FILOMENO URBANO, petitioner,

vs.
HON. INTERMEDIATE APPELLATE COURT AND PEOPLE OF THE
PHILIPPINES, respondents.
L-43964, January 7, 1988
GUTTIEREZ, JR., J:
Doctrines laid by the Supreme Court: Proximate legal cause is that acting first and producing
the injury, either immediately or by setting other events in motion, all constituting a natural and
continuous chain of events, each having a close causal connection with its immediate
predecessor, the final event in the chain immediately effecting the injury as a natural and
probable result of the cause which first acted, under such circumstances that the person
responsible for the first event should, as an ordinarily prudent and intelligent person, have
reasonable ground to expect at the moment of his act or default that an injury to some person
might probably result therefrom.

Facts: This is a petition to review the decision of the then Intermediate Appellate Court which
affirmed the decision of the then Circuit Criminal Court of Dagupan City finding petitioner
Filomeno Urban guilty beyond reasonable doubt of the crime of homicide. Marcelino Javier
opened the irrigation of a canal by means of cutting grass which caused the flooding of the
storage area of the petitioner. Petitioner got angry and demanded Javier to pay for the soaked
palay. Javier refused and a quarrel between them ensued. Urbano unsheathed his bolo and
hacked Javier hitting him on the right hand and left leg. Javier went to the hospital for the
treatment of the wounds. Two weeks after, Javier returned to his farm and tended to his tobacco
plants.

After Javier was treated by Dr. Meneses, he and his companions returned to Dr.
Guillermo Padilla who conducted a medico-legal examination. Dr. Padilla issued a medico-legal
certificate (Exhibit "C" dated September 28, 1981) which reads:

TO WHOM IT MAY CONCERN:

This is to certify that I have examined the wound of Marcelo Javier, 20 years of
age, married, residing at Barangay Anonang, San Fabian, Pangasinan on October
23, 1980 and found the following:

1 -Incised wound 2 inches in length at the upper portion of the lesser palmar
prominence, right.

As to my observation the incapacitation is from (7-9) days period. This wound


was presented to me only for medico-legal examination, as it was already treated
by the other doctor. (p. 88, Original Records)

Upon the intercession of Councilman Solis, Urbano and Javier agreed to settle their differences.
Urbano promised to pay P700.00 for the medical expenses of Javier. Hence, on October 27,
1980, the two accompanied by Solis appeared before the San Fabian Police to formalize their
amicable settlement. Patrolman Torio recorded the event in the police blotter.

Urbano advanced P400.00 to Javier at the police station. On November 3, 1980, the additional
P300.00 was given to Javier at Urbano's house in the presence of barangay captain Soliven.

At about 1:30 a.m. on November 14, 1980, Javier was rushed to the Nazareth General Hospital in
a very serious condition. When admitted to the hospital, Javier had lockjaw and was having
convulsions. Dr. Edmundo Exconde who personally attended to Javier found that the latter's
serious condition was caused by tetanus toxin. He noticed the presence of a healing wound in
Javier's palm which could have been infected by tetanus. On November 15, 1980 at exactly 4:18
p.m., Javier died in the hospital.

Issue: Whether or not Urbano’s action was the proximate cause of Javier’s death.

Ruling: NO. Pursuant to this provision “an accused is criminally responsible for acts committed
by him in violation of law and for all the natural and logical consequences resulting therefrom.
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 petitioner reiterates his position that the proximate cause of the death of Marcelo Javier was
due to his own negligence, that Dr. Mario Meneses found no tetanus in the injury, and that Javier
got infected with tetanus when after two weeks he returned to his farm and tended his tobacco
plants with his bare hands exposing the wound to harmful elements like tetanus germs.

Consequently, Javier’s wound could have been infected with tetanus after the hacking incident.
Considering the circumstance surrounding Javier’s death, his wound could have been infected by
tetanus 2 or 3 or a few but not 20 to 22 days before he died. The medical findings, however, lead
us to a distinct possibility that the infection of the wound by tetanus was an efficient intervening
cause later or between the time Javier was wounded to the time of his death. The infection was,
therefore, distinct and foreign to the crime.

And if an independent negligent act or defective condition sets into operation the instances which
result in injury because of the prior defective condition, such subsequent act or condition is the
proximate cause. WHEREFORE, the instant petition is hereby GRANTED. The questioned
decision of the then Intermediate Appellate Court, now Court of Appeals, is REVERSED and
SET ASIDE. The petitioner is ACQUITTED of the crime of homicide. Costs  de oficio.

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