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PEOPLE OF THE PHILIPPINES Vs RODEL URBANO

1. Rodel Urbano was charged with homicide after delivering a punch to Brigido Tomelden during a heated altercation at a restaurant, which caused Tomelden to fall unconscious. 2. Though Tomelden initially continued working after the incident, he later died 12 days later from complications caused by the punch. 3. The court found Urbano guilty of homicide but also found the presence of mitigating circumstances, as Tomelden had provoked Urbano with insulting remarks right before the fight. 4. Taking the mitigating circumstances into account, the court modified Urbano's sentence from 2 years and 4 months to 8 years and 1 day.

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154 views1 page

PEOPLE OF THE PHILIPPINES Vs RODEL URBANO

1. Rodel Urbano was charged with homicide after delivering a punch to Brigido Tomelden during a heated altercation at a restaurant, which caused Tomelden to fall unconscious. 2. Though Tomelden initially continued working after the incident, he later died 12 days later from complications caused by the punch. 3. The court found Urbano guilty of homicide but also found the presence of mitigating circumstances, as Tomelden had provoked Urbano with insulting remarks right before the fight. 4. Taking the mitigating circumstances into account, the court modified Urbano's sentence from 2 years and 4 months to 8 years and 1 day.

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Isaandra Miguel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEOPLE OF THE PHILIPPINES vs RODEL URBANO

G.R. No. 182750

VELASCO, JR., J.

Facts: Petitioner Rodel Urbano was charged with Homicide. On September 28, 1993, at around 8:00 p.m
Brigido Tomelden (victim) and petitioner who just arrived from a picnic, drank beer in a restaurant with
some co-workers. The two then had a heated altercation. Tomelden hurled insulting remarks at petitioner.
Petitioner asked why Tomelden, when drunk, is fond of insulting him It then led to an exchange of blows
petitioner delivered a "lucky punch," at Tomelden’s face, which made Tomelden topple down. Tomelden
was on the verge of hitting his head on the ground had their companions not caught him and prevented
the fall. The blow, caused Tomelden’s nose to bleed and rendered him unconscious.

September 29, 1993. Upon arriving home at around 6:00 p.m. of that day, Tomelden complained pain in
his nape, head, and ear which caused wife Rosario to immediately bring him to a Community Hospital.
After going in and out of hospital for several times, Tomelden again complained of extreme head pain,
prompting his wife to bring him back to the Community Hospital where he died due to cardio-respiratory
arrest secondary to cerebral concussion with resultant cerebral hemorrhage due to mauling incident."

The defense presented petitioner who denied having any intention to kill, asserting that hypertension, for
which Tomelden was receiving treatment, was the cause of the latter’s death.

RTC rendered judgment finding petitioner guilty of the crime of homicide.

Issues: Whether or not CA:

1. Erred in affirming the decision of the [RTC] finding [him] guilty beyond reasonable doubt of the crime
charged.
2. Erred in not appreciating the mitigating circumstances of sufficient provocation on the part of the victim
and lack of intent to commit so grave a wrong in favor of the petitioner.
Held:

The petition is partly meritorious. Homicide was duly approved. Although Tomelden died only on
October 10, 1993 or 12 days after the fight, during the intervening days, particularly September 29, 1993,
the deceased regularly reported for work. Moreover, petitioner states that days prior to the fateful
incident of September 28, 1993, Tomelden failed to come to work as he was suffering from malignant
hypertension and that this circumstance greatly engenders doubt as to the proximate cause of the victim’s
death. CA was not persuaded because of the medical findings that the blow caused to soften a portion of
the victim’s scalp and have shaken his brain which caused the cerebral concussion; and that the cause of
the victim’s death was cardio-respiratory arrest secondary to cerebral concussion with resultant cerebral
hemorrhage due to mauling incident.

Mitigating Circumstances Present. CA agreed with petitioner. According to Paragraphs 3 and 4 of Art. 13,
RPC provide as follows: Art. 13. Mitigating circumstances are as follows; that the offender had no intention
to commit so grave a wrong as that committed. That sufficient provocation or threat on the part of the
offended party immediately preceded the act. Tomelden’s insulting remarks directed at petitioner and
uttered immediately before the fist fight constituted sufficient provocation. This is not to mention other
irritating statements made by the deceased while they were having beer in Bugallon. Petitioner was the
one provoked and challenged to a fist fight. CA modified and decreased the term of Rodel Urbano of two
2 years and four 4 months of prision correccional, as minimum, to 8 years and 1 day of prision mayor, as
maximum.

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