by Tristan

PEOPLE v. FRANCISCO CAGOCO Y RAMONES, GR No. 38511, 1933-10-06

Facts:

on the night of July 24, 1932 Yu Lon and Yu Yee, father and son, stopped to talk on the sidewalk

While they were talking, a man passed back and forth behind Yu Lon once or twice, and when Yu Yee was about to take leave of his father, the man that had been passing back and forth behind Yu Lon approached him from behind and suddenly and... without warning struck him with his fist on the back part of the head. Yu Lon tottered and fell backwards. His head struck the asphalt pavement; the lower part of his body fell on the sidewalk. His assailant immediately ran away.

The wounded man was taken to the Philippine General Hospital, where he died... about midnight.

Issues:

it is contended that the appellant if guilty at all, should be punished in accordance with article 266 of the Revised Penal Code, or for slight physical injuries instead of murder.

Ruling:

Paragraph No. 1 of article 4 of the Revised Penal Code 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; but in order that a person may be criminally... liable for a felony different from that which he proposed to commit, it is indispensable that the two following requisites be present, to wit: (a) That a felony was committed; and (b) that the wrong done to the aggrieved person be the direct consequence of the... crime committed by the offender.

where death results as the 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; that one is not relieved, under the law in these Islands, from criminal liability for the... natural consequences of one's illegal acts, merely because one does not intend to produce such consequences; but that in such cases, the lack of intention, while it does not exempt from criminal liability, is taken into consideration as an extenuating circumstance

There can be no reasonable doubt as to the cause of the death of Yu Lon. There is nothing to indicate that it was due to some extraneous case. It was clearly the direct consequence of defendants felonious... act, and the fact that the defendant did not intend to cause so great an injury does not relieve him from the consequence of his unlawful act, but is merely a mitigating circumstance... under the circumstances of this case the defendant is liable for the killing of Yu Lon, because his death was the direct consequence of defendant's felonious act of striking him on the head. If the defendant had not committed the assault in a treacherous... manner, he would nevertheless have been guilty of homicide, although he did not intend to kill the deceased; and since the defendant did commit the crime with treachery, he is guilty of murder, because of the presence of the qualifying circumstance of treachery.

Principles:

where death results as the 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; that one is not relieved, under the law in these Islands, from criminal liability for the... natural consequences of one's illegal acts, merely because one does not intend to produce such consequences