G.R. No. 869 : January 16, 1903
THE UNITED STATES, complainant-appellee, vs. BENIGNO PASCUA, ET AL., defendants-appellants.

FACTS:
On the night of December 27, 1900, the defendantsBenigno Pascua, Remegio Quimangan, Bernardino Gampoña, Juan Baldivino, and Roman Agapaywent to the house of Sexto Rubio in Aring, Ilocos Norte. They claimed to be policemen with orders to take Rubio before the town president. When Rubio refused to go at that hour, the defendants attacked him. Pascua shot him in the left foot with a revolver, Baldivino fired a rifle at him, and Quimangan struck him on the head with a bolo. They also set fire to Rubio’s house and took three of his goats. The trial court dismissed the charges for robbery and arson and proceeded with the trial for discharging firearms and lesiones graves (serious physical injuries). After trial, the court convicted Pascua, Quimangan, Gampoña, and Baldivino of both charges and sentenced them to four years and two months of prision correccional. Roman Agapay was acquitted. The defendants appealed, raising the defense of alibi and applying for amnesty under the proclamation of July 4, 1902.

ISSUE:
Whether the trial court erred in convicting the defendants of the crime of discharging firearms, and whether the defendants are entitled to amnesty.

RULING:
The Supreme Court modified the trial court’s decision. It held that the conviction for the separate offense of “discharging firearms” was erroneous because the information (complaint) did not specifically charge that crime. However, the conviction for lesiones graves under Article 416 of the Penal Code was proper, as the evidenceprimarily the positive identification by the victim and his wifeovercame the defense of alibi. The wounds inflicted incapacitated the victim for more than ninety days, constituting the crime.

The Court found the presence of the aggravating circumstances of nocturnity and dwelling (Article 10, Nos. 15 and 20, of the Penal Code), as the attack was committed at night inside the victim’s house. The penalty for lesiones graves was therefore imposed in its maximum degree.

The application for amnesty was denied. While the defendants were members of the insurgent army, the record lacked proof that the acts were committed as a result of political dissensions or disturbances; the victim himself testified there was no prior ill feeling between them.

DISPOSITIVE:
The judgment was reversed insofar as it convicted the defendants of discharging firearms. Appellants Benigno Pascua, Remegio Quimangan, Bernardino Gampoña, and Juan Baldivino were convicted of lesiones graves and each sentenced to four years and two months of prision correccional in its maximum degree, with accessory penalties, and to jointly and severally indemnify the injured party in the amount of $67.50 (Mexican), with subsidiary imprisonment in case of insolvency. Each was also ordered to pay one-fourth of the costs. The motion for amnesty was denied.