CA 263; (August, 1948) (Digest)
G.R. No. L-263, August 19, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TIMOTEO PENESA, defendant-appellant.
FACTS
Timoteo Penesa and Rosario Aguillon lived together as husband and wife. Due to constant quarrels with Rosario’s children from her previous marriage, they agreed to separate. After dividing their property, Timoteo left the house on August 30, 1942. The next morning, he returned and asked Rosario to live with him elsewhere, but she refused. Rosario’s cousin, Santiago Cerrado, arrived and questioned Timoteo’s presence, angering Timoteo, who then unsheathed his bolo and assaulted Santiago. When Rosario’s son, Crescencio Doro, intervened, he was also assaulted. A struggle ensued, and Timoteo was eventually disarmed. Santiago sustained non-serious wounds, while Crescencio suffered several wounds, including a serious one on his left palm that was not yet healed by the trial date. The trial court convicted Timoteo of frustrated homicide, applying the mitigating circumstance of passion and obfuscation.
ISSUE
Whether the trial court correctly convicted the appellant of frustrated homicide.
RULING
No. The Supreme Court modified the conviction. The appellant’s intent to kill was not established. His purpose in returning was to persuade Rosario to live with him, not to kill anyone. The wounds inflicted were indiscriminate, and the weapons carried (a farm bolo and a dagger for self-defense) did not conclusively prove intent to kill. The crime against Santiago Cerrado, absent proof of required healing period or incapacity, constituted slight physical injuries under Article 266 of the Revised Penal Code. The crime against Crescencio Doro, whose serious palm wound did not heal within 30 days, constituted serious physical injuries under Article 263(4). Applying the mitigating circumstance of passion and obfuscation, the penalty was reduced to six months and one day of prision correccional for the injuries to Crescencio and 15 days of arresto menor for the injuries to Santiago. The judgment was modified accordingly.
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