The People of the Philippines, plaintiff-appellee, vs.

Domingo Ural, accused-appellant

FACTS:

Brigido Alberiom former detention prisoner, saw Policeman Domingo Ural inside
the jail, boxing the detention prisoner, Felix Napola. Eventually, Napola collapsed on the
floor and Ural even stepped on his prostate body. Ural went out of the cell and after a
while returned with a bottle, then poured its contents on Napola’s recumbent body and
ignited it with a match and left the cell. Ural saw Alberio and warned him: “You better keep
quiet of what I have done.” The municipal health officer certified that were it not for medical
intervention, the burns would cause death (2nd degree burns which could have resulted
to toxemia and tetanus infection. Napola died on August 25, 1966 due to burns.

ISSUE:

Whether or not Ural is liable for his actions.

RULING:

Yes. Under Article 4 of the Revised Penal Code: “Criminal liability shall be incurred
by any person committing a felony (delito) although the wrongful act done be different
from that which he intended.” a. He who is the cause of the cause if the cause of the evil
caused. An individual who unlawfully inflicts wounds upon another person, which result
in the death of the latter, is guilty of the crime of homicide, and the fact that the injured
person did not receive proper medical attendance does not affect the criminal
responsibility. Doctrine: Article 13, Paragraph 3: The following are mitigating
circumstances: 3) that the offender had no intention to commit so grave a wrong as that
committed.
 Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. L-30801 March 27, 1974

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

Office of the Solicitor General Felix Q. Antonio, Assistant Solicitor General Antonio A. Torres and
Solicitor Vicente P. Evangelista for plaintiff-appellee.

Vicente Cerilles and Emeliano Deleverio for accused-appellant.

AQUINO, J.:p

This is an appeal of defendant Domingo Ural from the decision of Judge Vicente G. Ericta of the Court of First Instance of Zamboanga del
Sur, convicting him of murder, sentencing him to reclusion perpetua, and ordering him to indemnify the heirs of Felix Napola in the sum of
twelve thousand pesos and to pay the costs (Criminal Case No. 3280).

The judgment of conviction was based on the testimony of Brigido Alberto, a twenty-six year old
former detention prisoner in Buug, Zamboanga del Sur. He had been accused of murder and then
set at liberty on June 9, 1966 after posting bail. He went to Barrio Camongo, Dumalinao where his
father resided. On July 31, 1966, he intended to go to his residence at Barrio Upper Lamari, Buug
but night overtook him in the town. He decided to sleep in the Buug municipal building where there
would be more security.

Upon arrival in the municipal building at around eight o'clock, he witnessed an extraordinary
occurrence. He saw Policeman Ural (with whom he was already acquainted) inside the jail. Ural was
boxing the detention prisoner, Felix Napola. As a consequence of the fistic blows, Napola collapsed
on the floor. Ural, the tormentor, stepped on his prostrate body.

Ural went out of the cell. After a short interval, he returned with a bottle. He poured its contents on
Napola's recumbent body. Then, he ignited it with a match and left the cell. Napola screamed in
agony. He shouted for help. Nobody came to succor him.

Much perturbed by the barbarity which he had just seen, Alberto left the municipal building. Before
his departure, Ural cautioned him: "You better keep quiet of what I have done" (sic). Alberto did not
sleep anymore that night. From the municipal building, he went to the crossing, where the cargo
trucks passed. He hitchhiked in a truck hauling iron ore and went home.

Doctor Luzonia R. Bakil, the municipal health officer, certified that the thirty-year old victim, whom
she treated twice, sustained second-degree burns on the arms, neck, left side of the face and one-
half of the body including the back (Exh. A). She testified that his dermis and epidermis were burned.
If the burns were not properly treated, death would unsue from toxemia and tetanus infection.
"Without any medical intervention", the burns would cause death", she said. She explained that,
because there was water in the burnt area, secondary infection would set in, or there would be
complications.

Napola died on August 25, 1966. The sanitary inspector issued a certificate of death indicating
"burn" as the cause of death (Exh. B).

The trial court fittingly deplored the half-hearted manner in which the prosecution (represented by
Fiscal Roque and the private prosecutor, Delfin Agbu) handled the case. It bewailed the
prosecution's failure to present as witnesses Juanito de la Serna and Ernesto Ogoc, the detention
prisoners who saw the burning of Napola. They had executed a joint affidavit which was one of the
bases of the information for murder.1

It noted that Rufina Paler, the victim's widow, who was present in court, was a vital witness who
should have been presented as a witness to prove the victim's dying declaration or his statements
which were part of the res gestae.2

In this appeal appellant's three assignment of error may be condensed into the issue of credibility or
the sufficiency of the prosecution's evidence to prove his guilt beyond reasonable doubt.

His story is that at around nine o'clock in the evening of July 31, 1966 he was in the municipal jail on
guard duty. He heard a scream for help from Napola. He entered the cell and found Napola's shirt in
flames. With the assistance of Ernesto Ogoc and Anecio Siton, Ural removed Napola's shirt. Ural did
not summon a doctor because, according to Napola, the burns were not serious. Besides, he (Ural)
was alone in the municipal building.

Felicisima Escareal, Ogoc's common-law wife, whom the trial court branded "as a complete liar",
testified that she heard Napola's scream for help. She saw that Napola's shirt was burning but she
did not know how it happened to be burned. She said that Ural and Siton removed the shirt of
Napola and put out the fire.

Teofilo Matugas, a policeman, declared that he was relieved as guard by Ural at eight-thirty in the
evening of July 31st. Matugas denied that Alberio was in the municipal building at eight o'clock.

The trial court held that Ural's denials cannot prevail over the positive testimony of Alberio. It
observed that Ural's alleged act of removing Napola's burning shirt was at most an indication that he
was "belatedly alarmed by the consequence of his evil act" but would not mean that he was not the
incendiary.

Appellant Ural (he was thirty-four years old in March, 1969), in assailing the credibility of Alberio,
pointed out that he was not listed as a prosecution witness and that he was convicted of murder.

Those circumstances would not preclude Alberio from being a credible witness. It should be noted
that the accused was a policeman. Ordinarily, a crime should be investigated by the police. In this
case, there was no police investigation. The crime was investigated by a special counsel of the
fiscal's office. That might explain why it was not immediately discovered that Alberio was an
eyewitness of the atrocity perpetrated by Ural.

The testimonies of Felicisima Escareal, Ogoc's common-law wife, and Policeman Matugas are
compatible with the prosecution's theory that Ural burned Napola's shirt. Ultimately, the factual issue
is: who should be given credence, Alberio or Ural? As already stated, the trial court which had the
advantage of seeing their demeanor and behavior on the witness stand, chose to believe Alberio.
This Court, after a searching scrutiny of the whole record, does not find any justification for
disbelieving Alberio.

This case is covered by article 4 of the Revised Penal code which provides 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 presumption is "that a person intends the ordinary
consequences of his voluntary act" (Sec. 5[c], Rule 131, Rules of Court).

The rationale of the rule in article 4 is found in the doctrine that "el que es causa de la causa es
causa del mal causado" (he who is the cause of the cause is the cause of the evil
caused)."Conforme a dicha doctrina no alteran la relacion de causalidad las condiciones
preexistentes (como las condiciones patologicasdel lesionado, la predisposicion del ofendido, la
constitucion fisica del herido, etc.); ni las condiciones sobrevenidas (como el tetanos, la pulmonia, o
la gangrena sobrevenidos a consequencia de la herida)" (1 Cuello Calon, Codigo Penal, 12th Ed.,
1968, p. 335-336).

The similar rule in American jurisprudence is that "if the act of the accused was the cause of the
cause of death, no more is required" (40 C.J.S. 854). So, where during a quarrel, the accused struck
the victim with a lighted lamp, which broke and fell to the floor, causing the oil to ignite and set fire to
the rug, and, in the course of the scuffle, which ensued on the floor, the victim's clothes caught fire,
resulting in burns from which he died, there was a sufficient causal relation between the death and
the acts of the accused to warrant a conviction of homicide (Williams vs. U.S., 20 Fed. 2nd 269, 40
C.J.S. 854, note 90).

There is a rule that "an individual who unlawfully inflicts wounds upon another person, which result in
the death of the latter, is guilty of the crime of homicide, and the fact that the injured person did not
receive proper medical attendance does not affect the criminal responsibility" (U.S. vs. Escalona, 12
Phil. 54). In the Escalona case, the victim was wounded on the wrist. It would not have caused death
had it been properly treated. The victim died sixty days after the infliction of the wound. It was held
that lack of medical care could not be attributed to the wounded man. The person who inflicted the
wound was responsible for the result thereof.

The crime committed by appellant Ural was murder by means of fire (incendio) (Par. 3, Art. 248,
Revised Penal Code; People vs. Masin, 64 Phil. 757; U.S. vs. Burns, 41 Phil. 418, 432, 440).3

The trial court correctly held that the accused took advantage of his public position (Par. 1, Art. 14,
Revised Penal Code). He could not have maltreated Napola if he was not a policeman on guard
duty. Because of his position, he had access to the cell where Napola was confined. The prisoner
was under his custody. "The policeman, who taking advantage of his public position maltreats a
private citizen, merits no judicial leniency. The methods sanctioned by medieval practice are surely
not appropriate for an enlightened democratic civilization. While the law protects the police officer in
the proper discharge of his duties, it must at the same time just as effectively protect the individual
from the abuse of the police." U.S. vs. Pabalan, 37 Phil. 352).

But the trial court failed to appreciate the mitigating circumstance "that the offender had no intention
to commit so grave a wrong as that committed" (Par. 3, Art. 13, Revised Penal Code). It is manifest
from the proven facts that appellant Ural had no intent to kill Napola. His design was only to maltreat
him may be because in his drunken condition he was making a nuisance of himself inside the
detention cell. When Ural realized the fearful consequences of his felonious act, he allowed Napola
to secure medical treatment at the municipal dispensary.
Lack of intent to commit so grave a wrong offsets the generic aggravating, circumstance of abuse of
his official position. The trial court properly imposed the penalty of reclusion perpetua which is the
medium period of the penalty for murder (Arts. 64[4] and 248, Revised Penal Code).

Finding no error in the trial court's judgment, the same is affirmed with costs against the appellant.

So ordered.

Zaldivar (Chairman) and Fernandez, JJ., concur.

Antonio, J., took no part.

Separate Opinions

BARREDO, J., concurring:

Except for the unnecessary reference to the supposed statement of the deceased to his wife and the
joint affidavit of Ogoc and De la Serna, all of which were not properly presented in evidence, hence it
is preferable not to mention them in order to avoid any suspicion that our judgment has been
influenced by factors other than evidence duly presented in court, I concur.

Fernando, J., concurs.

Separate Opinions

BARREDO, J., concurring:

Except for the unnecessary reference to the supposed statement of the deceased to his wife and the
joint affidavit of Ogoc and De la Serna, all of which were not properly presented in evidence, hence it
is preferable not to mention them in order to avoid any suspicion that our judgment has been
influenced by factors other than evidence duly presented in court, I concur.

Fernando, J., concurs.

Footnotes

1 Republic of the Philippines ...

Municipality of Pagadian

JOINT-AFFIDAVIT

WE, ERNESTO OGOC married, and JUANITO DE LA CERNA, single, both of legal
age, farmers, residents of Lakewood, Lapuyan, Zamboanga del Sur and at Buug
Zamboanga del Sur, respectively, after having been duly sworn to in accordance with
law hereby depose and say:

That both of us were confined inside the municipal jail of Buug Zamboanga del Sur
on July 31, 1966 for offenses allegedly committed by us and on same date our
companions inside the said jail were Anisio Siton and Felix Napola, the latter being
confined for being drunk;

That at about 8:00 o'clock in the evening, more or less on July 31, 1966, our
policeman guard by the name of Domingo Ural entered the jail and called for Felix
Napola. He called for him and told him that Felix Napola is aggressive. When Felix
Napola went near Domingo Ural, the latter boxed him at his lower chin and he fell to
the cement floor of the jail. He kicked him also at the same spot after Felix Napola
fell to the floor. Because Felix Napola cannot stand anymore, Domingo Ural got a
bottle and poured the contents of said bottle to the dress of Felix Napola. Domingo
Ural lighted a match and burned the spot where the substance in the bottle was
poured in the dress of Felix Napola. The dress of Felix Napola got burned and Felix
Napola got burned. He was forced to stand up and asked mercy from Domingo Ural.
Instead Domingo Ural locked the jail and went out and Domingo Ural threatened us
not to talk about the burning of Felix Napola to anybody or else he will burn us also.

When Felix Napola was already suffering much from the burns he sustained, Ural
became frightened and he and Anisio Siton helped put out the fire.

Affiants further sayeth none.

(SGD.) Ernesto Ogoc (SGD.) Juanito de la Cerna

ERNESTO OGOC JUANITO DE LA CERNA

(Affiant) (Affiant)

SUBSCRIBED AND SWORN to before me this 19th day of September, 1966 here at
Pagadian, Zamboanga del Sur.
2 Mrs. Napola (Mapola) testified at the preliminary investigation conducted by Basilio
T. Roque, a special counsel, that she learned from a neighbor that her husband
suffered burns in the municipal jail in the evening of July 31, 1966. Her husband told
her that Policeman Ural had burned him. Ural allowed her to bring Napola to the
dispensary where he was treated. Because of the injuries on his mouth and his
swollen gums, he could not eat and move his head. He was confined in jail due to
drunkenness. He was burned from the waist up to the neck and on the back and right
arm. She reported the case to the mayor. That functionary said that he would not
take any hand in the case. Mrs. Napola was cross-examined by Ural's counsel.
At the same preliminary investigation the witnesses, Ernesto Ogoc and Juanita de la
Serna, testified and were cross-examined by Ural's counsel. The accused presented
evidence at the preliminary investigation.

3 "Un sujeto, despues de cohabitar con una prostituta, encendio un mixto que aplico
a uno de los latones de petroleo que habia proximos a la cama en que yacieron,
inflamandose el contenido de aquel y cayendo el liquido sobre la prostituta, que
fallecio a consequencia de las quemaduras.

El Tribunal Supreme declara:

Que segun el articulo 418 del Codigo penal, es reo de asesinato el que por medio de
incendio mata a persona que no le este ligada por alguno de los vinculos familiares
senalados en el art. 417, entendiendose empleado el incendio en este concepto
juridico cuando se mata o intenta matar por medio de fuego aplicado directa o
immediamente sobre la persona objeto de la accion criminal, siempreque lo sea con
riesgo de propagacion a cosas distintas, en cualquiera de las condiciones previstas
en el capitulo 7, titulo 13 del libro 2. del Codigo penal; cuyo medio de ejecucion de
aquel delito, principal en la intencion del culpable estima la ley con el grave caracter
que atribuye tambien a la inundacion y al empleo del veneno, no solo por los
peligros que implica, sino igualmente por la notoria malicia, semejante a la alevosia,
que revela la accion que para su exito no se detiene ante el respeto de otros
derechos que pone en inminente riesgo o quebranta y lesion a impulso de decidia
resolucion.

Que todas estas consideraciones aparecen manifiestas en el acto ejecutado por el