G.R. No. 1901 : March 18, 1905
THE UNITED STATES, plaintiff-appellee, vs. JOHN M. FLEMISTER, defendant-appellant.

FACTS:
The defendant, John M. Flemister, was charged with the crime of lesiones graves (serious physical injuries) before the Court of First Instance of Manila. The complaint alleged that on or about June 1, 1903, in Manila, he willfully, unlawfully, and feloniously attacked, wounded, bruised, and maltreated one E. A. Hoosam, inflicting injuries that would disable Hoosam from following his usual occupation for more than eight days. After trial on October 21, 1903, the court found Flemister guilty as charged and sentenced him to pay a fine of 1,000 pesetas and the costs.

ISSUE:
Whether the trial court erred in imposing the penalty for the crime of lesiones graves under Article 418 of the Penal Code.

RULING:
The Supreme Court affirmed the trial court’s finding of guilt, holding that the evidence sufficiently proved the defendant inflicted injuries rendering the victim unable to work for more than eight days, which constitutes lesiones graves under Article 418. However, the Court found the penalty imposed was erroneous. Article 418 prescribes the penalty of arresto mayor (imprisonment from one month and one day to six months) or destierro (banishment) and a fine ranging from 325 to 3,250 pesetas. The trial court imposed only a fine without the accompanying penalty of destierro, which is mandatory if a fine is chosen instead of imprisonment. Exercising its appellate authority to correct such errors in penalty imposition, the Supreme Court reversed the sentence. The defendant was instead sentenced to suffer four months of arresto mayor and to pay the costs of both instances.