GR 1941; (March, 1905) (Digest)
March 6, 2026GR 1959; (March, 1905) (Digest)
March 6, 2026G.R. No. 1944 : March 13, 1905
THE UNITED STATES, complainant-appellee, vs. JOSE BUCOY, ET AL., defendants-appellants.
FACTS:
The defendants were charged with the crime of lesiones menos graves (less serious physical injuries). They were tried by the Court of First Instance of Zamboanga and each was sentenced to one year, eight months, and one day of presidio correccional. The defendants appealed. The evidence established that on the night of February 7, 1904, the defendants attacked and beat Ildefonso Rodriguez, the vice-president of the pueblo of Zamboanga. The injuries inflicted rendered Rodriguez unable to follow his usual occupation for more than eight but less than twenty days. The trial court, in imposing the penalty, applied the aggravating circumstance under Article 419 of the Penal Code, which provides for a higher penalty when the injuries are inflicted upon a person holding public rank or authority.
ISSUE:
Whether the aggravating circumstance under Article 419 of the Penal Code, for injuries inflicted upon a person holding public rank or authority, is applicable given that the victim, the vice-president, was not actually discharging the functions of the presidency at the time of the assault.
RULING:
No. The Supreme Court reversed the judgment of the lower court. It held that Article 419 was inapplicable because, at the time the offense was committed, the regular president of the pueblo was acting in his capacity. Consequently, the vice-president had no authority to exercise the functions of the presidency and could not be considered a public functionary for the purpose of the aggravating circumstance; he stood on the same footing as any other private citizen. The penalty should not be increased based merely on the victim’s potential to act as a public functionary during the president’s absence or disability. The facts constituted the crime of lesiones menos graves under Article 418 of the Penal Code. Accordingly, the defendants were sentenced to four months and one day of imprisonment and to pay the costs of both instances.