G.R. No. 1851 : January 23, 1905
THE UNITED STATES, complainant-appellee, vs. SATURNINO TRINIDAD, defendant-appellant.

FACTS:
The defendant, Saturnino Trinidad, who was employed as a cook by Margarita Maria Pando, inflicted a wound upon her with a kitchen knife in the right scapular region. The aggression was prompted by Margarita scolding him for breaking a piece of china. The wound required medical attendance for two days and incapacitated her from her ordinary labors for twenty-nine or thirty days. The trial court qualified the act as attempted homicide and sentenced the defendant to five years of prision correccional.

ISSUE:
Whether the facts of the case constitute the crime of attempted homicide or the lesser crime of lesiones menos graves (less serious physical injuries).

RULING:
The Supreme Court ruled that the facts constitute the crime of lesiones menos graves under Article 418 of the Penal Code, not attempted homicide. The essential element of attempted homicidea clear and evident intention to killwas not proven. The trivial motive, the slight nature of the wound requiring only two days of medical care, and the absence of concrete particulars showing a homicidal intent negated the qualification of attempted homicide. Since the act of inflicting physical injuries is a distinct crime separately punished by law, it cannot be qualified as a greater offense without clear proof of an intent to commit that greater crime.

The penalty for lesiones menos graves is arresto mayor. The Court imposed the penalty in its maximum degree (six months) due to the aggravating circumstances of offense to the victim’s sex and abuse of confidence, as the defendant was a domestic servant in the victim’s house. The judgment of the lower court was reversed insofar as it found the defendant guilty of attempted homicide, and he was instead sentenced to six months of arresto mayor.