[G.R. No.

L-12702 March 30, 1962]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
FILEMON CUTURA, defendant-appellant.

Facts:

As a result of certain incidents that had taken place between Jesus

Cimafranca and some soldiers of the guerilla forces stationed in Bohol, he
was arrested under the authority of the commander of said forces two days
after, and upon being brought before the commander, he was manhandled
and tortured. As a result of the injuries inflicted on him, he died on the very
same occasion. Several men assaulted Cimafranca: one gave several fist
blows, one struck his head with a piece of iron, one stabbed him on the
abdomen with a bolo, and it appeared clear on record that defendant-
appellant Cutura hit Cimafranca on the head with a big piece of wood which
contributed to his death.

The trial court found the accused guilty of murder.

Issue:

Whether or not Cutura actually participated in the assault which culminated

in the victim’s death?

Ruling:

Yes, Cutura actually participated in the assault which culminated in the

victim’s death.

A blow inflicted may not have been mortal, but if it certainly accelerates the
death of the victim, then the person participating in the assault is
responsible for his death. It is not necessary that each of the separate
injuries be necessarily fatal in itself. It is sufficient if they cooperated in
bringing about his death or contributed mortally thereto.
In this case, even if each of the accused assaulted Cimafranca in different
ways, it was proven on record that his death was accelerated when Cutura
hit him on the head with a big piece of wood. The Court affirmed the
decision of the trial court.