GR 108; (April, 1902) (Digest)
G.R. No. 108 : April 8, 1902
THE UNITED STATES, complainant-appellee, vs. JUAN ESCOBAR, defendant-appellant.
FACTS:
The defendant, Juan Escobar, was convicted by the Court of First Instance of Ilocos Sur of the crime of lesiones graves (serious physical injuries) under Article 416, No. 3 of the Penal Code and was sentenced to three years of prision correccional. The evidence established that the complainant, Bernabela Pacleb, had forbidden the defendant from visiting her house due to his courtship of her daughter. Despite this, the defendant went to the house, leading to an altercation. The complainant fled into the street, pursued by the defendant who struck her multiple times with a stick. The defendant continued his pursuit to a neighbor’s house, loudly threatening to kill her. As a result, the complainant suffered a wound over her left eye and a fracture of a bone in her left forearm. The fracture healed with only a minor limitation in movement, not preventing her from her usual light work. She recovered from her injuries in forty days and was incapacitated for work for twenty-eight days.
ISSUE:
Whether the trial court correctly classified the offense and applied the aggravating circumstances.
RULING:
The Supreme Court reversed the judgment of the trial court. It held that the facts warranted a conviction under Article 416, No. 4 of the Penal Code (serious physical injuries with incapacity for labor for more than 30 days), not under No. 3 as found by the lower court. The Court agreed with the presence of the aggravating circumstance under Article 10, No. 9 (advantage taken of superior strength, considering the sex of the offender and the offended party and the circumstances of the case). However, it found that the evidence did not support the existence of the aggravating circumstance under Article 10, No. 20 (disregard of the respect due to the offended party on account of rank, age, or sex). No extenuating circumstances were present.
Accordingly, the defendant was sentenced to two years of prision correccional and costs. The civil indemnity was waived by the complainant. The case was remanded for execution of the judgment.