G.R. No. 1001 : February 21, 1903
THE UNITED STATES, complainant-appellee, vs. GERONIMO TORRENTE, defendant-appellant.

FACTS:
Geronimo Torrente was charged with lesiones graves for allegedly maltreating his 17-year-old niece, Jacinta de Leon, in Manila on March 15, 1902. The prosecution alleged that he struck, kicked, and burned her with carbolic acid after she refused his lustful advances. The trial court convicted him of the lesser offense of lesiones menos graves under Article 418 of the Penal Code and sentenced him to five months and one day of arresto mayor. Torrente appealed, assigning errors in the proceedings, including the denial of a continuance due to his counsel’s absence, insufficiency of evidence, and the denial of a new trial based on newly discovered evidence.

ISSUE:
1. Whether the trial court erred in denying a continuance and proceeding with the trial after appointing a counsel de oficio.
2. Whether the evidence proved beyond reasonable doubt that the accused committed lesiones menos graves with the required intent and resulting incapacity.
3. Whether the trial court erred in denying the motion for a new trial.

RULING:
1. On the denial of continuance: The Supreme Court found no error. The record showed that when Torrente’s counsel failed to appear, the trial court promptly appointed a counsel de oficio. The accused acquiesced to this arrangement and proceeded to trial without objection. The trial was conducted properly, and no prejudice to the accused’s rights was shown.
2. On the sufficiency of evidence: The Court upheld the conviction. It found the testimony of the victim credible and rejected the accused’s version (that the acid was accidentally spilled during a struggle). The victim’s account revealed a brutal act committed with manifest intent to outrage, aggravated by alevosia (treachery) and abuse of confidence. Medical evidence established that the injuries required medical care for more than eight days, satisfying the element for lesiones menos graves.
3. On the motion for new trial: The Court denied the motion. The newly discovered evidence (an affidavit from the victim’s father) did not warrant a new trial, as it could have been presented earlier. Another affidavit from the attending physician actually corroborated the prosecution’s case by confirming the healing period exceeded eight days.

The Supreme Court reversed the trial court’s judgment and entered a new conviction for lesiones menos graves committed with manifest intent to outrage and aggravated by treachery and abuse of confidence. Torrente was sentenced to six months of arresto mayor, a fine of 3,250 pesetas, and subsidiary imprisonment in case of insolvency. Costs were also imposed.