PEOPLE vs .

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