People vs. Garcia
People vs. Garcia
People vs. Garcia
Garcia
GR 171951
2009
FACT:
Petitioner assaulted the victim. Pet then reached a bottle and then stuck the lower back
portion of the head of the victim.
When victim found an opportunity to escape, he call his wife and said that he was being
attacked. The wife told the police of the mauling incident.
Upon reaching the house of the victim by the police, nobody answered.
Wife opened the door and found the victim lying in the floor, unconscious, salivating.
Victim pronounced dead due to myocardial infarction.
Pet assail that he should not be liable bc victim was previously afflicted with a heart
ailment.
ISSUE:
Whether or not the mauling incident is the proximate cause of the death of victim.
RULING:
YES. Pet is guilty.
Article 4(1) of the Revised Penal Code states that criminal liability shall be incurred "by any
person committing a felony (delito) although the wrongful act done be different from that
which he intended." The essential requisites for the application of this provision are: (a) the
intended act is felonious; (b) the resulting act is likewise a felony; and (c) the unintended albeit
graver wrong was primarily caused by the actor’s wrongful acts.31lawph!l
In this case, petitioner was committing a felony when he boxed the victim and hit him with a
bottle. Hence, the fact that Chy was previously afflicted with a heart ailment does not alter
petitioner’s liability for his death. Ingrained in our jurisprudence is the doctrine laid down in the
case of United States v. Brobst32 that:
x x x where death results as a direct consequence of the use of illegal violence, the mere fact
that the diseased or weakened condition of the injured person contributed to his death, does
not relieve the illegal aggressor of criminal responsibility.33