ROLLIE CALIMUTAN vs.

PEOPLE OF THE PHILIPPINES

G.R. NO. 152133; February 9, 2006
Ponente:Chico-Nazario, J.

FACTS:
This is a petition for Review on Certiorari of the Decision of Court of Appeals
affirming the Decision of the Regional Trial Court, Branch 46, of Masbate, Masbate, in
the criminal case finding petitioner RollieCalimutan guilty beyond unreasonable doubt of
the crime of homicide.
On 4 February 1996, the victim Philip Cantre and the witness Rene L. Saano
had a drinking spree at a videoke bar in Panique, Aroroy, Masbate. From the videoke
bar, the two proceeded to go home, but along their way, they crossed the paths of the
petitioner together with a certain Michael Bulalacao, whom the victim was harboring a
grudge suspecting that Bulalacoa was responsible for throwing stones at the victims
house on the previous night. Thus, the victim suddenly punched Bulalacao who was
able to run away while the petitioner dashed towards the back of the victim Cantre and
witness Saano. The petitioner picked up a stone as big as a mans fist and threw it
hitting the victims back. The witness Saano pacified the two and asked to just go
home. The victim went home and was left to the care of his mother, Belen Cantre. The
former told his mother about the stoning incident and since then continually complaining
about his backache and stomachache. By night time of the same day, the victim was
sweating profusely and his entire body was feeling numb and couldnt eat. Later, he
asked for some food. He was able to eat but also later vomited what he ate. He
complained of his backache and stomachache for the last time, and shortly after, he
died.
The victim was examined by the Municipal Health Officer of Aroroy
Masbate, Dr. Conchita S. Ulanday, who issued a Certification of Death saying that
the cause of death is cardio-respiratory arrest due to food poisoning.
Uncontended about the result, the family of the victim, with the help of the
Lingkod Bayan-Circulo de Abogadas of ABS-CBN Foundation, requested for an
autopsy by NBI which was later granted.
Dr. Ronaldo B. Mendez, a senior Medico-Legal Officer of the NBI, after a
series of tests, said that the cause of death was traumatic injury of the abdomen,
specifically the laceration or rupture of spleen caused by blunt instrument or
stone.
ISSUE:
Whether or not the petitioner is criminally liable for homicide.
HELD:
NO. Article 3 of the RPC classifies felonies according to the means by which they
are committed, in particular: 1) intentional felonies, and 2) culpable felonies. The two
distinguished from each other by the existence or absence of malicious intent of the
offender. Intentional felonies are acts or omission performed by the offender with the

intention to cause an injury to another, while, culpable felonies are acts or omission of
the offender without malicious intent.
The petitioner sought only to protect Bulalacao and tried to stop the assault of the
victim to the latter when he picked up and threw the stone at him.
The court ruled that it cannot attribute to petitioner Calimutan any malicious intent
to injure, much less, to kill, the victim Cantre; and in such intent, the Court cannot
sustain the conviction of the petitioner Calimutan for intentional crime of homicide as
rendered by the RTC and affirmed by the CA. Instead, the court ruled that the petitioner
is guilty of reckless imprudence resulting in homicide.

BOLD: Other pertinent details that are also important but tackle different issues in
the case not covered by articles 1-10