People vs. Salvador

PEOPLE OF THE PHILIPPINES
vs.
ALFREDO SALVADOR, ET AL.,
G.R. No. 101215
July 30, 1993
I. Ticker
Mens Rea, Proximate Cause
II. Doctrine
Art. 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." The essential requisites of Art. 4
are: (a) that an intentional felony has been committed, and (b) that the wrong done
to the aggrieved party be the direct, natural and logical consequence of the felony
committed by the offender.
III. Facts
 The five attackers were boxing Orlando and when he fell with his face to
the ground, they kicked him. Then Joey Adap hit Orlando with a "dos por
dos" (piece of wood) and Alfredo Salvador dropped a hollow block on his
back. Joel and Alberto shouted for help and upon seeing them, the
assailants ran away. Councilor Leonardo Gozo, who responded to Joel's
shouts for help, assisted Joel and Alberto in bringing Orlando to the
hospital.
 Orlando was brought to the hospital where Dr. Charito Maldos Gozo
attended to him. Dr. Gozo found him to be a "walking patient" but aside
from his bruises and contusions, Orlando was complaining of a headache.
 In the medical certificate she issued on October 15, 1984, Dr. Gozo stated
that 17-year-old Orlando Grepo had contusion, hematoma and abrasion on
the 4th intercostal lateral side left, another contusion on the right temporal
parietal area and a third contusion and hematoma on the occipital region.
Dr. Gozo diagnosed that the healing period for these injuries would last
from nine to fourteen days "barring complications.” A neighbor of
Orlando, Dr. Gozo knew that during the two-week period after she treated
him Orlando was complaining of severe headache and "off and on" fever.
 On November 4, 1984, Grepo was brought to the clinic of Dr. Jocelyn

Tirol Dignos. Grepo was perspiring a lot and had cold, clammy skin
specially on his left extremities. He had rolling eyeballs and was in an
unconcious shock-like state. Since he had high-grade fever running to 42.2
degrees Centigrade, he stayed in Dr. Dignos' clinic for only two hours. In
the medical certificate she issued, Dr. Dignos also stated that Grepo had
convulsive seizures and that he had "meningo-encephalities of
undetermined origin.”
 According to Dr. Dignos, said diagnosis was actually made by Dr. Ovillo,
a specialist to whom she referred as the victim was showing signs and
symptoms of brain damage. Because they were not aware that Orlando had
been a victim of a mauling incident two weeks ago and there was then an
epidemic of typhoid fever, they entertained typhoid as Grepo's possible
ailment. But upon learning of the mauling incident, they diagnosed
Grepo's ailment as "meningo encephalitis secondary to trauma.”
Moreover, they learned that Dr. Apostol of Gen. Trias, Cavite had given
Grepo two grams of chloro ampenicol per day and therefore, if the ailment
was really typhoid, Grepo's fever would have then subsided. They would
have conducted more tests but since Grepo had become bluish and had
difficulty in breathing, they decide to have him transferred to the Manila
Medical Center where the victim finally expired on November 5, 1984.
IV. Issue
WON the mauling incident was the proximate cause of the death of the victim,
given that he was also diagnosed with meningo-encephalitis.
V. Decision / Ruling
Appellant is liable for the crime even if he had not intended to kill Orlando Grepo.
This is because he participated in the concerted effort of mauling the victim,
which was proven beyond reasonable doubt, in furtherance of a common design
to inflict physical harm on Grepo.
Art. 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." The essential requisites of Art. 4 are: (a)
that an intentional felony has been committed, and (b) that the wrong done to the
aggrieved party be the direct, natural and logical consequence of the felony
committed by the offender.
All these requisites are present in this case. The intentional felony was the
mauling of Grepo and, in the case of appellant, his dropping of the hollow block
on the fallen and hapless victim. The latter's death had been the direct, natural and
logical consequence of the felony as shown by the evidence provided by the
doctors who testified for the prosecution.
Wherefore, the decision appealed from is hereby MODIFIED to the extent that
appellant Alfredo Salvador is hereby declared guilty of the crime of homicide

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PEOPLE OF THE PHILIPPINES

 On November 4, 1984, Grepo was brought to the clinic of Dr. Jocelyn

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