GR 3071; (March, 1907) (Digest)
Parties:
Plaintiff-Appellee: THE UNITED STATES
Defendant-Appellant: FELICIANO DE GUZMAN
FACTS:
Feliciano de Guzman and Lorenzo Fajardo were accused of lesiones menos graves for inflicting personal injuries upon Pedro Ignacio on May 9, 1905. The injuries were alleged to have been cured within sixteen days with medical aid. The trial court acquitted Lorenzo Fajardo but found Feliciano de Guzman guilty, sentencing him to one year and eight months’ imprisonment (prision correccional) and to pay an indemnity of 250 pesos to the offended party, or suffer subsidiary imprisonment. Feliciano de Guzman appealed the sentence. The Supreme Court found the guilt of the appellant proven but noted that the penalty imposed was not in accordance with the offense as charged in the complaint. The complaint explicitly alleged the crime of lesiones menos graves, with the injuries cured within sixteen days, which should have merited a penalty of arresto mayor or banishment, and a fine, as per Article 418 of the Penal Code. The trial court appears to have considered the evidence showing the wounds took more than thirty days to cure, thus applying Article 416 of the Penal Code, which deals with lesiones graves. However, the Supreme Court held that an accused cannot be punished for a graver offense than that with which he was charged in the complaint, citing Section 29 of General Orders, No. 58.
ISSUE:
Whether the appellant, Feliciano de Guzman, can be penalized for a graver offense (lesiones graves) than that which was explicitly charged in the complaint (lesiones menos graves).
RULING:
The Supreme Court reversed the judgment of the trial court. It found the accused guilty of lesiones menos graves, with the aggravating circumstance of alevosia (treacherous attack), as alleged and charged in the complaint. The appellant was sentenced to six months’ imprisonment (arresto mayor), ordered to pay an indemnity of 250 pesos to the offended party or suffer subsidiary imprisonment in case of insolvency, with subsidiary imprisonment not to exceed one-third of the principal penalty. Costs were awarded, and credit was given for one-half of the time already imprisoned. The Court emphasized that an accused cannot be punished for a graver offense than the one stated in the complaint filed against him.