Urbano vs. People G.R. No.

182750 January 20, 2009

FACTS:
On September 28, 1993, at around 8:00 p.m., the victim Brigido Tomelden and petitioner were at the
compound of the Lingayen Water District (LIWAD) in Lingayen, Pangasinan, having just arrived from a
picnic in the nearby town of Bugallon, Pangasinan, where, with some other co-workers, they drunk beer in a
restaurant. While inside the compound, the two had a heated altercation in the course of which Tomelden
hurled insulting remarks at petitioner. Reacting, petitioner asked why Tomelden, when drunk, has the
penchant of insulting petitioner.
The exchange of words led to an exchange of blows. Cooler heads succeeded in breaking up the fight, but
only for a brief moment as the protagonists refused to be pacified and continued throwing fist blows at each
other. Then petitioner delivered a "lucky punch," as described by eyewitness Orje Salazar, on 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, however, caused Tomelden’s nose
to bleed and rendered him unconscious.
Petitioner and his other co-workers brought Tomelden to the office of the LIWAD general manager where he
spent the night. He remained in the compound the following day, September 29, 1993. Upon arriving home at
around 6:00 p.m. of that day, Tomelden informed his wife, Rosario, of the fight the previous night and of his
having been rendered unconscious. He complained of pain in his nape, head, and ear which impelled Rosario to
immediately bring him to the Lingayen Community Hospital where Dr. Daisy Arellano examined him and
treated his lacerated left index finger, contusions, and hematoma at the right cerebrum.
On October 2 and 7, 1993, Tomelden went back to the hospital complaining of dizziness, headache, and other
pains. The attending doctors observed the patient to be in a state of drowsiness and frequent vomiting. On
October 8, 1993, Rosario brought Tomelden to the Sison Memorial Provincial Hospital in Dagupan City, where
the attending physician, Dr. Ramon Ramos, diagnosed Tomelden suffering from "brain injury, secondary
to mauling to consider cerebral hemorrhage."3
Tomelden was confined in the provincial hospital until 3:00 p.m. of October 10, 1993, and, due to financial
constraints, was thereafter discharged despite signs negating physical condition improvement. Upon reaching
their house, however, Tomelden again complained of extreme head pain, prompting his wife to bring him back
to the Lingayen Community Hospital where Dr. Arellano again attended to him. This time, things turned for the
worst, the doctor noting that Tomelden appeared to be semi-conscious, sleepy, uncooperative, and not
responding to any stimulant. Tomelden died at 9:00 p.m. of that day due, per Dr. Arellano, 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 RULING:
WHEREFORE, the prosecution having established beyond reasonable doubt the guilt of the accused of the
crime of HOMICIDE as defined and penalized under Art. 249 of the Revised Penal Code, this Court in the
absence of any modifying circumstances, hereby sentences said accused to suffer the indeterminate prison term
of eight (8) years and one (1) day of Prision Mayor as minimum to seventeen (17) years and four (4) months of
Reclusion Temporal as maximum and to indemnify the legal heirs of the victim in the amount of PHP50,000.00,
plus cost of the suit.
CA RULING:
On January 25, 2008, the CA rendered a decision, affirming the conviction of petitioner, but awarding moral
damages to the heirs of Tomelden, disposing as follows:
WHEREFORE, in the light of the foregoing, the appeal of the accused-appellant is DISMISSED. The decision
appealed from is AFFIRMED with MODIFICATION that an award of P50,000.00 moral damages is
GRANTED.
SUPREME COURT RULING:
Homicide Duly Proved
The prosecution witness, Salazar, testified about petitioner’s lucky punch hitting Tomelden right smack on the
face. And even if Tomelden’s head did not hit the ground as his co-workers averted that actuality, that punch
gave him a bleeding nose and rendered him unconscious right after the September 28, 1993 fight. From then on,
Tomelden was in and out of the hospital complaining of headache, among other pains, until his demise on
October 10, 1993, or 12 days after the blow that made Tomelden unconscious.
Significantly, Dr. Arellano testified conducting an autopsy on the body of Tomelden and stressed that the
"softened portion of the scalp over (R) occipito-temporal area about 5 inches above and posterior to the (R) ear"
of the victim could have been caused by a fist blow. She also opined that the fist blow which landed on
Tomelden’s head could 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."
The combined effects of the testimonies of Salazar and Dr. Arellano, buttressed by that of Rosario who related
about her husband’s post September 28, 1993 severe head pain, clearly establish beyond cavil the cause of
Tomelden’s death and who was liable for it.

Mitigating Circumstances Present

Petitioner next contends that the mitigating circumstances of no intention to commit so grave a wrong and
sufficient provocation on the part of the victim ought to be appreciated in petitioner’s favor.
On this score, we agree with petitioner.
In the instant case, 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.
( transcript provided earlier)It is abundantly clear from the above transcript that the provocation came from
Tomelden. In fact, petitioner, being very much smaller in height and heft, had the good sense of trying to avoid
a fight. But as events turned out, a fisticuff still ensued, suddenly ending when petitioner’s lucky punch found
its mark. 
Moreover, the mitigating circumstance that petitioner had no intention to commit so grave a wrong as
that committed should also be appreciated in his favor. While intent to kill may be presumed from the fact
of the death of the victim, this mitigating factor may still be considered when attendant facts and circumstances
so warrant, as in the instant case. Consider: Petitioner tried to avoid the fight, being very much smaller than
Tomelden. He tried to parry the blows of Tomelden, albeit he was able, during the scuffle, to connect a lucky
punch that ended the fight. And lest it be overlooked, petitioner helped carry his unconscious co-worker to the
office of the LIWAD’s general manager. Surely, such gesture cannot reasonably be expected from, and would
be unbecoming of, one intending to commit so grave a wrong as killing the victim. 
(This means that petitioner has 2 mitigating circumstances)
WHEREFORE, the CA Decision dated January 25, 2008 in CA-G.R. CR No. 25371 is, in the light of the
presence and the appreciation of two mitigating circumstances in favor of petitioner, hereby MODIFIED by
decreasing the term of imprisonment. As thus modified, petitioner Rodel Urbano is hereby sentenced to serve an
indeterminate prison term of from two (2) years and four (4) months of prision correccional, as minimum, to
eight (8) years and one (1) day of prision mayor, as maximum, with whatever imprisonment he has already
served fully credited in the service of this sentence. The rest of the judgment is hereby AFFIRMED.