G.R. No. 2126
Date: September 25, 1905
Parties:
– Plaintiff-Appellee: The United States
– Defendant-Appellant: Sy Vinco
FACTS:
Sy Vinco was convicted by the Court of First Instance of Cebu for the crime of lesiones graves (grave injuries) under paragraph 4, Article 416 of the Penal Code. The conviction arose from an incident where Sy Vinco stabbed the complaining witness, Ong Suico, with a penknife during a quarrel, inflicting seven wounds. Ong Suico was incapacitated and unable to attend to his ordinary duties for slightly over thirty days. Evidence established that Ong Suico had provoked the quarrel by using insulting and obscene language, and by physically assaulting Sy Vincoseizing him and knocking his head against a wall.
The trial court recognized the existence of an extenuating circumstance under paragraph 5, Article 9 of the Penal Code, holding that the wounds were inflicted in vindication of a grave offense against the accused.
ISSUE:
Whether the extenuating circumstance was correctly classified by the trial court, and whether the penalty imposed was appropriate.
RULING:
The Supreme Court affirmed the conviction but modified the legal basis for the extenuating circumstance. The Court held that the trial court erred in applying paragraph 5, Article 9 (vindication of a grave offense). Instead, the proper classification was under paragraph 1, Article 9self-defense, but with incomplete exemption from criminal liability because the means employed by Sy Vinco (inflicting seven wounds with a penknife) exceeded what was reasonably necessary to repel the unlawful aggression.
The penalty imposed by the trial court was deemed consistent with this corrected legal perspective. Thus, the judgment and sentence were affirmed, with costs against the appellant.
Concurring Justices: Arellano, C.J., Torres, Mapa, and Johnson.