G.R. No. 255740 , August 16, 2023
PASTOR CORPUS, JR. Y BELMORO, PETITIONER VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

The case stemmed from a Complaint-Affidavit executed by Roberto Amado Hatamosa alleging that on November 25, 2017, petitioner Pastor Corpus, Jr., along with two others, intercepted, shouted at, and punched him, resulting in physical injuries. The Medico-Legal Report indicated a period of three to nine days of treatment and a complete fracture of a finger. The prosecutor, opining that a fracture constitutes a disfigurement, recommended indictment for serious physical injuries. An Information dated April 30, 2018, was filed charging Pastor Corpus, Jr. and others with serious physical injuries for causing a fractured right finger, a disfigurement. Upon arraignment, petitioner pleaded not guilty. The Metropolitan Trial Court (MeTC), finding no evidence linking the accused to the finger fracture and noting the prosecution evidence only proved Pastor Corpus, Jr. punched the victim causing a bloody nose requiring more than nine days to heal, convicted him of the lesser crime of slight physical injuries and acquitted the others. The Regional Trial Court (RTC) and the Court of Appeals (CA) affirmed the conviction. Before the Supreme Court, petitioner argued that the crime of slight physical injuries had prescribed, as it was filed two months from the alleged commission, and raised self-defense.

ISSUE

Whether the Court of Appeals correctly affirmed petitioner’s conviction for slight physical injuries despite his claim that the lesser offense had already prescribed at the time the Information for serious physical injuries was filed.

RULING

The Supreme Court granted the petition and acquitted petitioner Pastor Corpus, Jr. on the ground of prescription of the offense. The Court ruled that while the variance doctrine allows conviction for a lesser offense included in the crime charged, an accused cannot be convicted of such lesser offense if it had already prescribed at the time the Information was filed. To hold otherwise would sanction the circumvention of the law on prescription. The crime charged was serious physical injuries under Article 263(3) of the Revised Penal Code, punishable by prision correccional, which prescribes in ten years. The offense proved was slight physical injuries under Article 266, a light offense that prescribes in two months. The incident occurred on November 25, 2017, and the Information was filed on April 30, 2018, which was beyond the two-month prescriptive period for slight physical injuries. Consequently, petitioner’s criminal liability for slight physical injuries was totally extinguished by prescription pursuant to Article 89 of the Revised Penal Code. The Court did not address the factual issues or the claim of self-defense, as the resolution on prescription was dispositive.