G.R. No. 2957 UNITED STATES v. JUAN BOGEL (alias CATALIN) et al.

FACTS
The accused were convicted of robbery with violence. In the course of the robbery a woman, Fabiana, was stabbed in one eye, resulting in the loss of use of that eye. The trial court sentenced the accused under paragraph 2 of Article 503 of the Penal Code (cadena temporal, medium degree). The appellants contended that the injury constituted “intentional mutilation” under paragraph 2 of the same article and thus the higher penalty of paragraph 3, together with the aggravating circumstances provided by Article 10 (nighttime robbery, in the dwelling of the victim, and use of disguise), should apply.

ISSUE
Whether the loss of an eye caused by stabbing falls within the concept of “mutilation” contemplated in paragraph 2 of Article 503, thereby warranting the penalty prescribed therein, or whether the appropriate penalty is that under paragraph 3 of Article 503.

RULING
The Court held that “mutilation” (mutilación) under Article 503 is limited to the lopping or clipping off of a body part, as defined in the dictionary and explained in Viada’s commentary on Article 415. The act of stabbing and thereby destroying the function of an eye does not meet this definition. Consequently, the injury is classified under paragraph 2 of Article 416 (grave injuries resulting in loss of an eye), which triggers the penalty in paragraph 3 of Article 503. Taking into account the aggravating circumstances of night robbery, the crime being committed in the victim’s house, and the use of disguise, the appropriate sentence is cadena temporal in its maximum degree the penalty that the trial court originally imposed. The appellate court therefore affirmed the trial court’s judgment and ordered the costs against the appellants.