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Urbano v. People G.R. No.

182750 January 20, 2009 Facts: While victim Brigido Tomelden and petitioner Rodel Urbano, were inside the compo und, the two had a heated altercation in the course of which Tomelden hurled ins ulting remarks at petitioner. Reacting, petitioner asked why Tomelden, when drun k, has the penchant of insulting petitioner. The exchange of words led to an exc hange of blows, and petitioner delivered a lucky punch which made Tomelden toppl e down. Tomelden was on the verge of hitting his head on the ground had their co mpanions not caught him and prevented the fall. The blow, however, caused Tomeld en s nose to bleed and rendered him unconscious. This later on led to diagnosed th e victim suffering from "brain injury, secondary to mauling to consider cerebral hemorrhage" and his death. The defense denied having any intention to kill, ass erting that hypertension, for which Tomelden was receiving treatment, was the ca use of the latter s death. The RTC found Urbano guilty of Homicide. Issue: W/N Urbano is guilty of homicide Ruling: One of the prosecution witness testified about petitioner s lucky punch hitting To melden 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 a nd rendered him unconscious. From then on, Tomelden was in and out of the hospit al complaining of headache, among other pains, until his demise 12 days after th e blow that made Tomelden unconscious. Petitioner s suggestion that Tomelden succu mbed to heart ailment and/or that his death was the result of his malignant hype rtension is untenable, given that the post-mortem report yields no positive indi cation that he died from such malady. Thus, petitioner is guilty.

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