PEOPLE vs .
CARMEN (DIZON)
SECOND DIVISION
GR no. 137268. March 26, 2001 | Ponencia, Mendoza | Culpa
PLAINTIFF-APPELLE: People of the Phils.
ACCUSSED/APPELLANTS: EUTIQUIA CARMEN @ Mother Perpetuala,
CELEDONIA FABIE @ Isabel Fabie, DELIA SIBONGA @ Deding Sibonga,
ALEXANDER SIBONGA @ Nonoy Sibonga, and REYNARIO NUÑEZ @ Rey
Nuñez
SUMMARY: Randy Luntayao, a 13 yr. old was boy was brought voluntarily by his
parents and two siblings, from their residence in Negros Occidental, to Cebu upon
the recommendation of the accused Nuñez to see a healer. Randy was suffering
from nervous breakdowns, which Eddie thought was due to Randy skipping meals.
Randy was brought to the accused Carmen, a member of a religious cult and a
healer. She said that Randy was possessed by a "bad spirit," and said that she could
exorcise Randy.
During the alleged prayer session, Randy’ parents and siblings were locked in a
room. Randy was brought outside for the ritual. Randy was seen being physically
abused by the accused-appellants. Water was forced to his mouth; his head was
banged against the wooden bench in which he was tied on; an accused dropped her
weight on to the body of the Randy; and was eventually stabbed by the accused
Carmen which resulted to Randy’s Death. Randy’s remains were brought
immediately to Nuñez’s residence. Randy’ parents would have wanted his remains
to be buried in Negros but the accused insisted that Randy’s remains be buried in
Cebu (a day after his death) otherwise, they might be arrested.
Randy’ death certificate indicated that he died due to pneumonia. The processing of
the said death certificate was facilitated by accused Nuñez. The same death
certificate was signed by Eddie Tulyao. The Municipal Health Officer did not see
the remains of Randy as she relied only on the statement of Eddie Tulyao and that
another person examined the remains.
A case was filed at the RTC against the accussed. RTC found the accused guilty of
murder. Accused filed an appeal at SC questioning RTC’s ruling of murder. SC
AFFIRMED RTC’s decision with modification. Accused-appellants were found
guilty of reckless imprudence resulting to homicide and were sentenced to four (4)
months of arresto mayor, as minimum, to four (4) years and two (2) months of
prison correccional, as maximum. They were also ordered to pay the heirs of
Randy Luntayao indemnity in the amount of P50,000.00, moral damages in the
amount of P50,000.00, and exemplary damages in the amount of P30,000.00
DOCTRINE: Art 365 RPC: “Imprudence and negligence. - Any person who, by
reckless imprudence, shall commit any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum
period to prison correccional in its medium period… Reckless imprudence consists
in voluntary, but without malice, doing or falling to do an act from which material
damage results by reason of inexcusable lack of precaution on the part of the person
performing of failing to perform such act, taking into consideration his employment
or occupation, degree of intelligence, physical condition and other circumstances
regarding persons, time and place…”
FACTS:
1. Randy was brought voluntary by his father to the accused Carmen’s place of
residence in Cebu upon the recommendation of accused Nuñez to cure him of
his “nervous breakdown”.
2. Eddie was told that the boy was possessed by a "bad spirit," which accused
Carmen said she could exorcise. She warned, however, that as the spirit might
transfer to Eddie, it was best to conduct the healing prayer without him.
3. The accused Carmen led Randy out of the house, while Eddie and his wife and
two daughters were locked inside a room in the house. Randy’s father heard his
son shouting for help but since the door of their room was locked, he was not
able to help him.
4. Honey Fe Abella, a 10 yr. old girl, who was playing near the house of the
accused together with her Friend Frances Claire Rivera, 7 yrs. old, saw what
transpired during the same afternoon. She heard a kid shout for help. She and
her friend Frances ran towards the house of the accused Carmen since the cry
was in the direction of accused’s house. Ms. Abella saw how Randy was
maltreated during the alleged prayer session. Randy was immersed head-first in
a drum of water while his body was held down by the other accused; the
accused also tied down Randy into a bench and forced water into his mouth.
There were instances when accused Sibonga banged the boy's head against the
bench to which he was tied down. According to this witness after forcing the
boy to drink water, accused Carmen and Fabie took turns in pointing the boy's
chest with their clenched fists. All the time accused Nuñez held down the boy's
feet to the bench. Accused Fabie dropped her weight, buttocks first, on the body
of the boy. Later, accused Carmen ordered Sibonga to get a knife from the
kitchen. Accused Carmen then plunged the stainless knife on the left side of the
boy's body and with the use of a plastic gallon container, the top portion of
which was cut out, accused Carmen [caught] the blood dripping. from the left
side of the boy's body. Later, she saw the accused Sibonga, Nuñez, Delia
Sibonga, Fabie, and Carmen carry the boy into the house.
5. An hour after the healing session, the Luntayao’s were transferred to the prayer
room. Accused-appellant carried Randy into the prayer room and placed him on
the altar. Eddie was shocked seeing his son already dead. He wanted to see his
son's body, but he was stopped from doing so by accused Carmen who told him
not to go near his son because the latter would be resurrected at 7 o'clock that
evening.
6. After 7 o'clock that evening, accused Carmen asked a member of her group to
call the funeral parlor and bring a coffin as the child was already dead. It was
arranged that the body would be transferred to the house of accused-appellant
Nuñez in Tangke, Talisay.
7. January 28, 1997, accused Nuñez told Eddie to go with him to the Talisay
Municipal Health Office to report Randy's death and told him to keep quiet or
they might not be able to get the necessary papers for his son's burial. Nuñez
took care of securing the death certificate which Eddie signed.
8. January 28, 1997, accused-appellant Carmen went to Tangke, Talisay to ensure
that the body was buried. Eddie and his wife told her that they preferred to
bring their son's body with them to Sikatuna, Isabela, Negros Occidental but
they were told by accused-appellant Carmen that this was not possible as she
and the other accused-appellants might be arrested.
9. After Eddie and his family had returned home to Negros Occidental, Eddie
sought assistance from the Bombo Radyo station in Bacolod City which
referred him to the regional office of the National Bureau of Investigation
(NBI) in the city.
10. February 3, 1997, Eddie filed a complaint for murder against accused-appellant
Nuñez and the other members of his group. He also asked for the exhumation
and autopsy of the remains of his son.
11. NBI investigator exhumed and supervised the autopsy of Randy’s body. NBI
investigator also met with accused-appellant Carmen and admitted that she and
the other accused-appellants conducted a "pray-over healing" session on the
victim on January 27, 1997.
12. During the autopsy, the medico-legal could no londer determine or locate the
stab wound since the cadaver was already in advance stage of decomposition.
CAUSE OF DEATH: could have died due to the internal effects of a traumatic
head injury and/or traumatic chest injury.
13. Witness Blasé testified that Randy’s father Eddie was present during the prayer
session and witnessed everything. He even told accused Carmen to tie Randy
into a bench since the boy was resisting during the session.
14. Witnesses Maria Lilia Jimenez, 20, Visitacion Seniega, 39, and Josefina Abing,
39, testified that accused-appellant Carmen had cured them of their illnesses by
merely praying over them and without applying any form of physical violence
on them.
TIMELINE:
1. November 20, 1996- Randy had nervous breakdown.
2. January 26, 1997- Randy and his family travelled with accused Nuñez to
Cebu from Negros Occidental.
3. January 27, 1997- Prayer session/healing/death of Randy
4. January 28, 1997- Processing of Randy’s Death Certificate/Burying of his
remain.
5. February 20, 1997- Randy’s body was exhumed.
PROCEDURAL HISTORY:
1. February 3, 1997, Eddie filed a complaint for murder against accused-
appellant Nuñez and the other members of his group.
2. November 18, 1998, RTC rendered decision finding all accused GUILTY
accused are all found guilty beyond reasonable doubt of the crime of
MURDER and are hereby [sentenced] to suffer the penalty of
RECLUSION PERPETUA, with the accessory penalties of the law; to
indemnify jointly and severally the heirs of the deceased Randy Luntayao in
the sum of P50,000.00; and to pay the costs. The accused, are, however,
credited in full during the whole period of their detention provided they will
signify in writing that they will abide by all the rules and regulations of the
penitentiary.
3. Appeal was made by the accused at the SC.
ISSUE/s:
1. Whether or not the accused-appellants are guilty of murder- NO
RULING: The decision of the Regional Trial Court, Branch 14, Cebu City, is
AFFIRMED with the MODIFICATION that accused-appellants are hereby
declared GUILTY of RECKLESS IMPRUDENCE RESULTING TO
HOMICIDE and are each sentenced to suffer an indeterminate prison term of four
(4) months of arresto mayor, as minimum, to four (4) years and two (2) months of
prison correccional, as maximum. In addition, accused-appellants are ORDERED
jointly and severally to pay the heirs of Randy Luntayao indemnity in the amount of
P50,000.00, moral damages in the amount of P50,000.00, and exemplary damages
in the amount of P30,000.00.
RATIO:
1. The elements of reckless imprudence are apparent in the acts done by
accused-appellants which, because of their lack of medical skill in treating
the victim of his alleged ailment, resulted in the latter's death. As already
stated, accused-appellants, none of whom is a medical practitioner, belong
to a religious group, known as the Missionaries of Our Lady of Fatima,
which is engaged in faith healing. Art. 365 of the RPC, as amended, states
that reckless imprudence consists in voluntarily, but without malice, doing
or failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing such
act. Compared to intentional felonies, such as homicide or murder, what
 takes the place of the element of malice or intention to commit a wrong or
evil is the failure of the offender to take precautions due to lack of skill
taking into account his employment, or occupation, degree of intelligence,
physical condition, and other circumstances regarding persons, time, and
place.
2. It would appear that accused-appellants are members of a cult and that the
bizarre ritual performed over the victim was consented to by the victim's
parents. With the permission of the victim's parents, the accused-appellants,
proceeded to subject the boy to a "treatment" calculated to drive the "bad
spirit" from the boy's body. Unfortunately, the strange procedure resulted in
the death of the boy. Thus, accused-appellants had no criminal intent to kill
the boy. Their liability arises from their reckless imprudence because they
ought that to know their actions would not bring about the cure. They are,
therefore, guilty of reckless imprudence resulting in homicide and not of
murder.
3. The facts of the case indubitably show the absence of intent to kill on the
part of the accused-appellant… Consequently, treachery cannot be
appreciated for in the absence of intent to kill, there is no treachery or the
deliberate employment of means, methods, and manner of execution to
ensure the safety of the accused from the defensive or retaliatory attacks
coming from the victim. Viewed in this light, the acts which the trial court
saw as manifestations of treachery in fact relate to efforts by accused-
appellants to restrain Randy Luntayao so that they can effect the cure on
him.

Justices Bellosillo, Buena and De Leon, Jr., concur. J. Quisumbing, on leave