GR 43199; (August, 1936) (Digest)
G.R. No. 43199 ; August 14, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. JOSE GARCIA, defendant-appellant.
FACTS
The accused, Jose Garcia, was convicted by the Court of First Instance of Batangas of the crime of lesiones menos graves under the Revised Penal Code, with the aggravating circumstance of treachery. He was sentenced to imprisonment, indemnity, and costs. Garcia appealed, assigning three errors: (1) that he should only have been convicted of maltrato de obra (slight physical injuries) instead of lesiones menos graves; (2) that the indemnity awarded was improper; and (3) that his prior conviction under a municipal ordinance for the same act barred this prosecution under the Constitution.
ISSUE
1. Whether the trial court erred in convicting the accused of lesiones menos graves with treachery instead of maltrato de obra.
2. Whether the trial court erred in the amount of indemnity awarded.
3. Whether the prior conviction under a municipal ordinance bars this prosecution for lesiones menos graves under the Revised Penal Code.
RULING
1. No. The Supreme Court found no reason to disturb the trial court’s findings of fact and assessment of witness credibility, which supported the conviction for lesiones menos graves with treachery. The trial court was in a better position to evaluate the evidence.
2. Yes, in part. The Supreme Court modified the indemnity. The offended party was only unable to work for 15 days with a monthly salary of P100, entitling him to P50. Adding medical and travel expenses of P20.90, the total indemnity was reduced to P70.90.
3. No. The prior conviction under a municipal ordinance does not bar this prosecution. Article 48 of the Revised Penal Code (on complex crimes) is inapplicable. Furthermore, while the Constitution prohibits double jeopardy for the same act punishable by both a law and an ordinance, this provision does not apply here. Breach of the peace (the typical subject of a municipal ordinance) is distinct from lesiones menos graves under the general law. Allowing a plea to a minor ordinance to bar prosecution under the general law would frustrate justice.
The decision of the trial court was affirmed with modification as to the indemnity.
AI Generated by Armztrong.