Des Feliciano PEOPLE V. NANQUIL-- 43 Phil 232 Facts:

Juan Rosas’ cart and carabao disappeared, he requested the assistance of the Constabulary to recover them and find the suspect. A sergeant and two soldiers were commissioned to investigate. During the investigation, they called Severino Ramiscal, and one of them, surnamed Masiglat, examined Ramiscal. He did not obtain any clear information from Ramiscal so he turned him over to the other soldier, Antancio Nanquil for further examination. Sergeant who commanded that patrol was feeling ill so he remained in a house in a neighborhood. As Atanasio Nanquil examined Ramiscal on a road, Masiglat was 20 brazas from them. All of a sudden, Masiglat heard a blow and saw Ramsical fall to the ground. Nanquil struck him with his gun which consequently killed Ramiscal. Atansio Nanquil was prosecuted for the crime of homicide and sentence by the trial court to fourteen years, eight months and one day of reclusion temporal. The defendant appealed.

Issue:

W/N Nanquil should be charged with homicide through reckless imprudence.

Held:

No. The court finds a mitigating circumstance of the accused not having had the intention to cause the death of the deceased. For this reason the penalty of reclusion temporal must be imposed in its minimum degree. The judgment appealed from is modified, and the appellant sentenced to twelve years and one day of reclusion temporal, to the accessory penalties provided by article 59 of the Penal Code, to indemnify the heirs of Severino Ramiscal in the amount of one thousand pesos (P1,000), and to pay the costs of both instances.

Ratio:

Nanquil had no intention to commit so serious an evil as that which resulted, the crime committed by him cannot be that of homicide through reckless imprudence, because he did have the intention to do some evil unlawfully (maltreating the deceased), and this intention, although it was not that of killing, is inconsistent with reckless imprudence.