G.R. No. 1998 : April 29, 1905
THE UNITED STATES, plaintiff-appellee, vs. ANASTACIO REDION, defendant-appellant.

FACTS:
Anastacio Redion was convicted by the Court of First Instance of Manila for the crime of frustrated homicide and sentenced to two years’ imprisonment and costs. The conviction was based on evidence proving that on November 16, 1903, in Manila, Redion inflicted a knife wound on the face of Gertrudis Sanchez. The wound healed in fifteen days but left a permanent scar and disfigurement.

ISSUE:
Whether the accused is guilty of the crime of frustrated homicide as charged, or of a lesser included offense.

RULING:
The Supreme Court reversed the trial court’s judgment. It held that, based on the circumstances, the accused did not have the intention to kill Gertrudis Sanchez; therefore, he could not be guilty of frustrated homicide. However, the evidence established that he was guilty of the crime of lesiones (injuries) as defined and penalized under paragraph 3, Article 416 of the Penal Code, which is a lesser offense necessarily included in the charge of frustrated homicide. The Court found no merit in the defense’s claim for the mitigating benefit under Article 423 of the Penal Code, as it was not proven that Sanchez was the accused’s wife or that she was discovered in the act of adultery. Accordingly, the Court sentenced Anastacio Redion to two years of prision correccional, the corresponding accessory penalties, and the payment of costs in both instances.