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    Urbano Vs People

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    SophiaFrancescaEspinosa
    - Tomelden and Urbano got into a fist fight while drunk from a picnic. Urbano landed a punch that caused Tomelden to fall and be hospitalized with a brain injury. - Tomelden was released from the hospital without improvement due to financial constraints. He later died from injuries sustained in the fight. - Urbano claims Tomelden's death was due to hypertension, not the mauling injuries. However, medical reports determined the mauling was the proximate cause of death. - The court found Urbano guilty of homicide but applied mitigating circumstances like sufficient provocation and lack of intent to cause grave harm, since Urbano tried to

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    Urbano Vs People

    Uploaded by

    SophiaFrancescaEspinosa
    2K views2 pages
    - Tomelden and Urbano got into a fist fight while drunk from a picnic. Urbano landed a punch that caused Tomelden to fall and be hospitalized with a brain injury. - Tomelden was released from the hospital without improvement due to financial constraints. He later died from injuries sustained in the fight. - Urbano claims Tomelden's death was due to hypertension, not the mauling injuries. However, medical reports determined the mauling was the proximate cause of death. - The court found Urbano guilty of homicide but applied mitigating circumstances like sufficient provocation and lack of intent to cause grave harm, since Urbano tried to

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    urbano vs people

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    Urbano vs People

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    - Tomelden and Urbano got into a fist fight while drunk from a picnic. Urbano landed a punch that caused Tomelden to fall and be hospitalized with a brain injury. - Tomelden was released from the hospital without improvement due to financial constraints. He later died from injuries sustained in the fight. - Urbano claims Tomelden's death was due to hypertension, not the mauling injuries. However, medical reports determined the mauling was the proximate cause of death. - The court found Urbano guilty of homicide but applied mitigating circumstances like sufficient provocation and lack of intent to cause grave harm, since Urbano tried to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Urbano Vs People

    Uploaded by

    SophiaFrancescaEspinosa
    - Tomelden and Urbano got into a fist fight while drunk from a picnic. Urbano landed a punch that caused Tomelden to fall and be hospitalized with a brain injury. - Tomelden was released from the hospital without improvement due to financial constraints. He later died from injuries sustained in the fight. - Urbano claims Tomelden's death was due to hypertension, not the mauling injuries. However, medical reports determined the mauling was the proximate cause of death. - The court found Urbano guilty of homicide but applied mitigating circumstances like sufficient provocation and lack of intent to cause grave harm, since Urbano tried to

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    © All Rights Reserved
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    of 2

    In an Information filed before the RTC, petitioner was charged with Homicide

    Tomelden and Urbano, both drunk from a picnic, had a heated altercation which resulted into a fist fight.
    Urbano landed a lucky blow which caused Tomelden to fall. He was brought to the hospital and discharged
    but he complained of feeling dizzy and frequently vomiting. He was diagnosed with brain injury. Due to
    financial constraints he was released even without improvement. He complained of severe head pain and
    was brought to the hospital and died later on due to "cardio-respiratory arrest secondary to cerebral
    concussion with resultant cerebral hemorrhage due to mauling incident."

    Urbano claims that it was hypertension and not the injuries from mauling that was the proximate cause
    of Tomeldens death since he died 12 days after the incident and even reported to work in between.

    Issue:

    Should Urbano be convicted of homicide or simply slight physical injuries?

    Ruling:

    It was through the direct accounts of the prosecution witnesses of the events that transpired during the
    fisticuff incident more specifically the landing of the "lucky punch" on the face of [Tomelden], taken
    together with the result of the medical examinations and autopsy report which described the death of
    the victim as "cardio-respiratory arrest secondary to cerebral concussion with resultant cerebral
    hemorrhage due to mauling incident" that we are convinced that the "lucky punch" was the proximate
    cause of [Tomeldens] death.

    The prosecution had satisfactorily proven that it was only after the incident that transpired on September
    28, 1993 that the victim was hospitalized on several occasions until he expired, twelve days later. It is
    moreover of no consequence whether the victim was able to report for work during the intervening days

    The mitigating circumstances of no intention to commit so grave a wrong and sufficient provocation on
    the part of the victim ought to be appreciated in petitioners favor.

    In the instant case, Tomeldens insulting remarks directed at petitioner and uttered immediately before
    the fist fight constituted sufficient provocation. This is not to mention other irritating statements made
    by the deceased while they were having beer in Bugallon. Petitioner was the one provoked and
    challenged to a fist fight. In fact, petitioner, being very much smaller in height and heft, had the good
    sense of trying to avoid a fight.

    Paragraphs 3 and 4 of Art. 13, RPC provide as follows:

    Art. 13. Mitigating circumstances.The following are mitigating circumstances:

    xxxx

    3. That the offender had no intention to commit so grave a wrong as that committed.

    4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

    Moreover, the mitigating circumstance that petitioner had no intention to commit so grave a wrong as
    that committed should also be appreciated in his favor. Consider: Petitioner tried to avoid the fight, being
    very much smaller than Tomelden. He tried to parry the blows of Tomelden, albeit he was able, during
    the scuffle, to connect a lucky punch that ended the fight. And lest it be overlooked, petitioner helped
    carry his unconscious co-worker to the office of the LIWADs general manager.

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