THIRD DIVISION for barrio councilman Felipe Solis instead.

for barrio councilman Felipe Solis instead. Upon the advice of they are neighbors and close relatives to each
Solis, the Erfes together with Javier went to the police station of other. Marcelo Javier accepted and granted
G.R. No. 72964 January 7, 1988 San Fabian to report the incident. As suggested by Corporal Torio, forgiveness to Filomeno Urbano who shoulder
Javier was brought to a physician. The group went to Dr. (sic) all the expenses in his medical treatment,
FILOMENO URBANO, petitioner, Guillermo Padilla, rural health physician of San Fabian, who did and promising to him and to this Office that this
vs. not attend to Javier but instead suggested that they go to Dr. will never be repeated anymore and not to
HON. INTERMEDIATE APPELLATE COURT AND PEOPLE OF THE Mario Meneses because Padilla had no available medicine. harbour any grudge against each other. (p. 87,
PHILIPPINES, respondents. Original Records.)
After Javier was treated by Dr. Meneses, he and his companions
GUTIERREZ, JR., J.: returned to Dr. Guillermo Padilla who conducted a medico-legal Urbano advanced P400.00 to Javier at the police station. On
examination. Dr. Padilla issued a medico-legal certificate (Exhibit November 3, 1980, the additional P300.00 was given to Javier at
"C" dated September 28, 1981) which reads: Urbano's house in the presence of barangay captain Soliven.
This is a petition to review the decision of the then Intermediate
Appellate Court which affirmed the decision of the then Circuit
Criminal Court of Dagupan City finding petitioner Filomeno Urban TO WHOM IT MAY CONCERN: At about 1:30 a.m. on November 14, 1980, Javier was rushed to
guilty beyond reasonable doubt of the crime of homicide. the Nazareth General Hospital in a very serious condition. When
This is to certify that I have examined the admitted to the hospital, Javier had lockjaw and was having
wound of Marcelo Javier, 20 years of age, convulsions. Dr. Edmundo Exconde who personally attended to
The records disclose the following facts of the case.
married, residing at Barangay Anonang, San Javier found that the latter's serious condition was caused by
Fabian, Pangasinan on October 23, 1980 and tetanus toxin. He noticed the presence of a healing wound in
At about 8:00 o'clock in the morning of October 23, 1980,
found the following: Javier's palm which could have been infected by tetanus.
petitioner Filomeno Urbano went to his ricefield at Barangay
Anonang, San Fabian, Pangasinan located at about 100 meters
1 -Incised wound 2 inches in length at the upper On November 15, 1980 at exactly 4:18 p.m., Javier died in the
from the tobacco seedbed of Marcelo Javier. He found the place
portion of the lesser palmar prominence, right. hospital. The medical findings of Dr. Exconde are as follows:
where he stored his palay flooded with water coming from the
irrigation canal nearby which had overflowed. Urbano went to the
elevated portion of the canal to see what happened and there he As to my observation the incapacitation is from Date Diagnosis
saw Marcelo Javier and Emilio Erfe cutting grass. He asked them (7-9) days period. This wound was presented to
who was responsible for the opening of the irrigation canal and me only for medico-legal examination, as it was 11-14-80 ADMITTED due to trismus
Javier admitted that he was the one. Urbano then got angry and already treated by the other doctor. (p. 88,
demanded that Javier pay for his soaked palay. A quarrel between Original Records) adm. at DX TETANUS
them ensued. Urbano unsheathed his bolo (about 2 feet long,
including the handle, by 2 inches wide) and hacked Javier hitting Upon the intercession of Councilman Solis, Urbano and Javier 1:30 AM Still having frequent muscle spasm.
him on the right palm of his hand, which was used in parrying the agreed to settle their differences. Urbano promised to pay With diffi-
bolo hack. Javier who was then unarmed ran away from Urbano P700.00 for the medical expenses of Javier. Hence, on October 27,
but was overtaken by Urbano who hacked him again hitting Javier 1980, the two accompanied by Solis appeared before the San #35, 421 culty opening his mouth. Restless at
on the left leg with the back portion of said bolo, causing a Fabian Police to formalize their amicable settlement. Patrolman times. Febrile
swelling on said leg. When Urbano tried to hack and inflict further Torio recorded the event in the police blotter (Exhibit A), to wit:
injury, his daughter embraced and prevented him from hacking
11-15-80 Referred. Novaldin 1 amp. inj. IM.
Javier. xxx xxx xxx Sudden cessation of respiration and HR after
muscular spasm.
Immediately thereafter, Antonio Erfe, Emilio Erfe, and Felipe Erfe Entry Nr 599/27 Oct '80/103OH/ Re entry Nr
brought Javier to his house about 50 meters away from where the 592 on page 257 both parties appeared before
incident happened. Emilio then went to the house of Barangay this Station accompanied by brgy. councilman
Captain Menardo Soliven but not finding him there, Emilio looked Felipe Solis and settled their case amicably, for
 02 inhalation administered. Ambo bag That during the typhoon, the sluice or control 2-inch incised wound on his right palm; that on November 14,
resuscitation and cardiac massage done but to gates of the Bued irrigation dam which irrigates 1981 which was the 22nd day after the incident, Javier was rushed
no avail. the ricefields of San Fabian were closed and/or to the hospital in a very serious condition and that on the
controlled so much so that water and its flow to following day, November 15, 1981, he died from tetanus.
Pronounced dead by Dra. Cabugao at 4:18 P.M. the canals and ditches were regulated and
reduced; Under these circumstances, the lower courts ruled that Javier's
PMC done and cadaver brought home by death was the natural and logical consequence of Urbano's
relatives. (p. 100, Original Records) That due to the locking of the sluice or control unlawful act. Hence, he was declared responsible for Javier's
gates of the dam leading to the canals and death. Thus, the appellate court said:
In an information dated April 10, 1981, Filomeno Urbano was ditches which will bring water to the ricefields,
charged with the crime of homicide before the then Circuit the water in said canals and ditches became The claim of appellant that there was an
Criminal Court of Dagupan City, Third Judicial District. shallow which was suitable for catching efficient cause which supervened from the time
mudfishes; the deceased was wounded to the time of his
Upon arraignment, Urbano pleaded "not guilty." After trial, the death, which covers a period of 23 days does
trial court found Urbano guilty as charged. He was sentenced to That after the storm, I conducted a personal not deserve serious consideration. True, that
suffer an indeterminate prison term of from TWELVE (12) YEARS survey in the area affected, with my secretary the deceased did not die right away from his
of prision mayor, as minimum to SEVENTEEN (17) years, FOUR (4) Perfecto Jaravata; wound, but the cause of his death was due to
MONTHS and ONE (1) DAY of reclusion temporal, as maximum, said wound which was inflicted by the
together with the accessories of the law, to indemnify the heirs of That on November 5, 1980, while I was appellant. Said wound which was in the process
the victim, Marcelo Javier, in the amount of P12,000.00 without conducting survey, I saw the late Marcelo Javier of healing got infected with tetanus which
subsidiary imprisonment in case of insolvency, and to pay the catching fish in the shallow irrigation canals ultimately caused his death.
costs. He was ordered confined at the New Bilibid Prison, in with some companions;
Muntinlupa, Rizal upon finality of the decision, in view of the Dr. Edmundo Exconde of the Nazareth General
nature of his penalty. That few days there after,or on November l5, Hospital testified that the victim suffered
l980, I came to know that said Marcelo Javier lockjaw because of the infection of the wound
The then Intermediate Appellate Court affirmed the conviction of died of tetanus. (p. 33, Rollo) with tetanus. And there is no other way by
Urbano on appeal but raised the award of indemnity to the heirs which he could be infected with tetanus except
of the deceased to P30,000.00 with costs against the appellant. The motion was denied. Hence, this petition. through the wound in his palm (tsn., p. 78, Oct.
5, 1981). Consequently, the proximate cause of
the victim's death was the wound which got
The appellant filed a motion for reconsideration and/or new trial. In a resolution dated July 16, 1986, we gave due course to the
infected with tetanus. And the settled rule in
The motion for new trial was based on an affidavit of Barangay petition.
this jurisdiction is that an accused is liable for all
Captain Menardo Soliven (Annex "A") which states:
the consequences of his unlawful act. (Article 4,
The case involves the application of Article 4 of the Revised Penal
par. 1, R.P.C. People v. Red, CA 43 O.G. 5072;
That in 1980, I was the barrio captain of Barrio Code which provides that "Criminal liability shall be incurred: (1) People v. Cornel 78 Phil. 418).
Anonang, San Fabian, Pangasinan, and up to the By any person committing a felony (delito) although the wrongful
present having been re-elected to such position act done be different from that which he intended ..." Pursuant to
Appellant's allegation that the proximate cause
in the last barangay elections on May 17, 1982; this provision "an accused is criminally responsible for acts
of the victim's death was due to his own
committed by him in violation of law and for all the natural and
negligence in going back to work without his
That sometime in the first week of November, logical consequences resulting therefrom." (People v. Cardenas,
wound being properly healed, and lately, that
1980, there was a typhoon that swept 56 SCRA 631).
he went to catch fish in dirty irrigation canals in
Pangasinan and other places of Central Luzon
the first week of November, 1980, is an
including San Fabian, a town of said province; The record is clear that Marcelo Javier was hacked by the
afterthought, and a desperate attempt by
petitioner who used a bolo as a result of which Javier suffered a
 appellant to wiggle out of the predicament he natural and probable result of the cause which however, most muscles are involved to some
found himself in. If the wound had not yet first acted, under such circumstances that the degree, and the signs and symptoms
healed, it is impossible to conceive that the person responsible for the first event should, as encountered depend upon the major muscle
deceased would be reckless enough to work an ordinarily prudent and intelligent person, groups affected.
with a disabled hand. (pp. 20-21, Rollo) have reasonable ground to expect at the
moment of his act or default that an injury to Reflex spasm usually occur within 24 to 72 hours
The petitioner reiterates his position that the proximate cause of some person might probably result therefrom." of the first symptom, an interval referred to as
the death of Marcelo Javier was due to his own negligence, that (at pp. 185-186) the onset time. As in the case of the incubation
Dr. Mario Meneses found no tetanus in the injury, and that Javier period, a short onset time is associated with a
got infected with tetanus when after two weeks he returned to The issue, therefore, hinges on whether or not there was an poor prognosis. Spasms are caused by sudden
his farm and tended his tobacco plants with his bare hands efficient intervening cause from the time Javier was wounded intensification of afferent stimuli arising in the
exposing the wound to harmful elements like tetanus germs. until his death which would exculpate Urbano from any liability periphery, which increases rigidity and causes
for Javier's death. simultaneous and excessive contraction of
The evidence on record does not clearly show that the wound muscles and their antagonists. Spasms may be
inflicted by Urbano was infected with tetanus at the time of the We look into the nature of tetanus- both painful and dangerous. As the disease
infliction of the wound. The evidence merely confirms that the progresses, minimal or inapparent stimuli
wound, which was already healing at the time Javier suffered the The incubation period of tetanus, i.e., the time produce more intense and longer lasting
symptoms of the fatal ailment, somehow got infected with between injury and the appearance of spasms with increasing frequency. Respiration
tetanus However, as to when the wound was infected is not clear unmistakable symptoms, ranges from 2 to 56 may be impaired by laryngospasm or tonic
from the record. days. However, over 80 percent of patients contraction of respiratory muscles which
become symptomatic within 14 days. A short prevent adequate ventilation. Hypoxia may
In Vda. de Bataclan, et al. v. Medina (102 Phil. 1181), we adopted incubation period indicates severe disease, and then lead to irreversible central nervous system
the following definition of proximate cause: when symptoms occur within 2 or 3 days of damage and death.
injury the mortality rate approaches 100
xxx xxx xxx percent. Mild tetanus is characterized by an incubation
period of at least 14 days and an onset time of
Non-specific premonitory symptoms such as more than 6 days. Trismus is usually present,
... A satisfactory definition of proximate cause is
restlessness, irritability, and headache are but dysphagia is absent and generalized spasms
found in Volume 38, pages 695-696 of American
encountered occasionally, but the commonest are brief and mild. Moderately severe tetanus
Jurisprudence, cited by plaintiffs-appellants in
presenting complaints are pain and stiffness in has a somewhat shorter incubation period and
their brief. It is as follows:
the jaw, abdomen, or back and difficulty onset time; trismus is marked, dysphagia and
swallowing. As the progresses, stiffness gives generalized rigidity are present, but ventilation
... "that cause, which, in natural and continuous
way to rigidity, and patients often complain of remains adequate even during spasms. The
sequence, unbroken by any efficient
difficulty opening their mouths. In fact, trismus criteria for severe tetanus include a short
intervening cause, produces the injury, and
in the commonest manifestation of tetanus and incubation time, and an onset time of 72 hrs., or
without which the result would not have
is responsible for the familiar descriptive name less, severe trismus, dysphagia and rigidity and
occurred."And more comprehensively, "the
of lockjaw. As more muscles are involved, frequent prolonged, generalized convulsive
proximate legal cause is that acting first and
rigidity becomes generalized, and sustained spasms. (Harrison's Principle of Internal
producing the injury, either immediately or by
contractions called risus sardonicus. The Medicine, 1983 Edition, pp. 1004-1005;
setting other events in motion, all constituting
intensity and sequence of muscle involvement Emphasis supplied)
a natural and continuous chain of events, each
having a close causal connection with its is quite variable. In a small proportion of
immediate predecessor, the final event in the patients, only local signs and symptoms develop
chain immediately effecting the injury as a in the region of the injury. In the vast majority,
Therefore, medically speaking, the reaction to tetanus found "A prior and remote cause cannot be made the reasonable doubt, only a preponderance of
inside a man's body depends on the incubation period of the be of an action if such remote cause did nothing evidence is required in a civil action for
disease. more than furnish the condition or give rise to damages. (Article 29, Civil Code). The judgment
the occasion by which the injury was made of acquittal extinguishes the civil liability of the
In the case at bar, Javier suffered a 2-inch incised wound on his possible, if there intervened between such prior accused only when it includes a declaration that
right palm when he parried the bolo which Urbano used in or remote cause and the injury a distinct, the facts from which the civil liability might arise
hacking him. This incident took place on October 23, 1980. After successive, unrelated, and efficient cause of the did not exist. (Padilla v. Court of Appeals, 129
22 days, or on November 14, 1980, he suffered the symptoms of injury, even though such injury would not have SCRA 559).
tetanus, like lockjaw and muscle spasms. The following day, happened but for such condition or occasion. If
November 15, 1980, he died. no danger existed in the condition except The reason for the provisions of article 29 of the
because of the independent cause, such Civil Code, which provides that the acquittal of
If, therefore, the wound of Javier inflicted by the appellant was condition was not the proximate cause. And if the accused on the ground that his guilt has not
already infected by tetanus germs at the time, it is more medically an independent negligent act or defective been proved beyond reasonable doubt does
probable that Javier should have been infected with only a mild condition sets into operation the instances not necessarily exempt him from civil liability
cause of tetanus because the symptoms of tetanus appeared on which result in injury because of the prior for the same act or omission, has been
the 22nd day after the hacking incident or more than 14 defective condition, such subsequent act or explained by the Code Commission as follows:
days after the infliction of the wound. Therefore, the onset time condition is the proximate cause." (45 C.J. pp.
should have been more than six days. Javier, however, died on the 931-932). (at p. 125) The old rule that the acquittal of the accused in a criminal case
second day from the onset time. The more credible conclusion is also releases him from civil liability is one of the most serious
that at the time Javier's wound was inflicted by the appellant, the It strains the judicial mind to allow a clear aggressor to go scot flaws in the Philippine legal system. It has given use to numberless
severe form of tetanus that killed him was not yet present. free of criminal liability. At the very least, the records show he is instances of miscarriage of justice, where the acquittal was due to
Consequently, Javier's wound could have been infected with guilty of inflicting slight physical injuries. However, the a reasonable doubt in the mind of the court as to the guilt of the
tetanus after the hacking incident. Considering the circumstance petitioner's criminal liability in this respect was wiped out by the accused. The reasoning followed is that inasmuch as the civil
surrounding Javier's death, his wound could have been infected victim's own act. After the hacking incident, Urbano and Javier responsibility is derived from the criminal offense, when the latter
by tetanus 2 or 3 or a few but not 20 to 22 days before he died. used the facilities of barangay mediators to effect a compromise is not proved, civil liability cannot be demanded.
agreement where Javier forgave Urbano while Urbano defrayed
The rule is that the death of the victim must be the direct, natural, the medical expenses of Javier. This settlement of minor offenses This is one of those causes where confused thinking leads to
and logical consequence of the wounds inflicted upon him by the is allowed under the express provisions of Presidential Decree unfortunate and deplorable consequences. Such reasoning fails
accused. (People v. Cardenas, supra) And since we are dealing G.R. No. 1508, Section 2(3). (See also People v. Caruncho, 127 to draw a clear line of demarcation between criminal liability and
with a criminal conviction, the proof that the accused caused the SCRA 16). civil responsibility, and to determine the logical result of the
victim's death must convince a rational mind beyond reasonable distinction. The two liabilities are separate and distinct from each
doubt. The medical findings, however, lead us to a distinct We must stress, however, that our discussion of proximate cause other. One affects the social order and the other, private rights.
possibility that the infection of the wound by tetanus was an and remote cause is limited to the criminal aspects of this rather One is for the punishment or correction of the offender while the
efficient intervening cause later or between the time Javier was unusual case. It does not necessarily follow that the petitioner is other is for reparation of damages suffered by the aggrieved
wounded to the time of his death. The infection was, therefore, also free of civil liability. The well-settled doctrine is that a person, party. The two responsibilities are so different from each other
distinct and foreign to the crime. (People v. Rellin, 77 Phil. 1038). while not criminally liable, may still be civilly liable. Thus, in the that article 1813 of the present (Spanish) Civil Code reads thus:
recent case of People v. Rogelio Ligon y Tria, et al. (G.R. No. 74041, "There may be a compromise upon the civil action arising from a
Doubts are present. There is a likelihood that the wound was but July 29, 1987), we said: crime; but the public action for the imposition of the legal penalty
the remote cause and its subsequent infection, for failure to take shall not thereby be extinguished." It is just and proper that, for
necessary precautions, with tetanus may have been xxx xxx xxx the purposes of the imprisonment of or fine upon the accused,
the proximate cause of Javier's death with which the petitioner the offense should be proved beyond reasonable doubt. But for
had nothing to do. As we ruled in Manila Electric Co. v. ... While the guilt of the accused in a criminal the purpose of indemnity the complaining party, why should the
Remoquillo, et al. (99 Phil. 118). prosecution must be established beyond offense also be proved beyond reasonable doubt? Is not the
invasion or violation of every private right to be proved only by a
preponderance of evidence? Is the right of the aggrieved person
any less private because the wrongful act is also punishable by the
criminal law?

"For these reasons, the Commission recommends the adoption of

the reform under discussion. It will correct a serious defect in our
law. It will close up an inexhaustible source of injustice-a cause for
disillusionment on the part of the innumerable persons injured or
wronged."

The respondent court increased the P12,000.00 indemnification

imposed by the trial court to P30,000.00. However, since the
indemnification was based solely on the finding of guilt beyond
reasonable doubt in the homicide case, the civil liability of the
petitioner was not thoroughly examined. This aspect of the case
calls for fuller development if the heirs of the victim are so
minded.

WHEREFORE, the instant petition is hereby GRANTED. The

questioned decision of the then Intermediate Appellate Court,
now Court of Appeals, is REVERSED and SET ASIDE. The petitioner
is ACQUITTED of the crime of homicide. Costs de oficio.

SO ORDERED.