Sanchez, Cyrus Emerson A.

– 04-15750
Legal Medicine – Block B

Filomeno Urbano vs Intermediate Appellate Court (Court of Appeals)

G.R No. 72964
January 7, 1988

Guitierrez, JR., J:

Facts:

On October 23, 1980, petitioner Urbano quarreled with Javier and end up wounding Javier in
his right arm with bolo. Upon intervention, both parties agreed to a settlement. Javier
withdrew the complaint to Urbano.

After several weeks of treatment, the doctor pronounced that the wound already healed.
However, on November 14, 1980, Havier was rushed to the hospital and died. The condition
was found out to be caused by tetanus toxins.

The heirs of Javier filed a case of homicide against Urbano.

Issue: Whether the wound is the proximate cause of Javier’s death.

Held:

No. proximate cause is defined “that cause, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would have
not occurred.” The court ruled that Urbano is not liable for the death of Javier. He is only
liable for the injury.

Medical evidence indicated that patients infected with tetanus experience its symptoms
within 14 days. Javier, experienced the symptoms on the 23rd day after the incident.

Insight:

On November 15, 1980 at exactly 4:18 p.m., Javier died in the hospital. The medical findings
of Dr. Exconde are as follows:

Date Diagnosis
11-14-80 (The quarrel happened October 23, 1980, 22 days or so) ADMITTED due to
trismus

adm. at DX TETANUS

1:30 AM Still having frequent muscle spasm. With diffi-

#35, 421 culty opening his mouth. Restless at times. Febrile

11-15-80 Referred. Novaldin 1 amp. inj. IM. Sudden cessation of respiration and HR after
muscular spasm.
02 inhalation administered. Ambo bag resuscitation and cardiac massage done but to no avail.
Pronounced dead by Dra. Cabugao at 4:18 P.M. (The incubation period of tetanus
varies between 3 and 21 days after infection. Most cases occur within 14 days. Symptoms can
include: jaw cramping or the inability to open the mouth, retrieved at World Health
Organization, who.int)

PMC done and cadaver brought home by rela-tives. (p. 100, Original Records)

The defense in this case proved that:

Appellant's allegation that the proximate cause of the victim's death was due to his own
negligence in going back to work without his wound being properly healed, and lately, that
he went to catch fish in dirty irrigation canals in the first week of November, 1980, is an
afterthought, and a desperate attempt by appellant to wiggle out of the predicament he found
himself in. If the wound had not yet healed, it is impossible to conceive that the deceased
would be reckless enough to work with a disabled hand. (pp. 20-21, Rollo)

Thus, the defendant was acquitted.