GR 3161; (January, 1907) (Digest)
G.R. No. 3161
January 22, 1907
FACTS
– Defendants Juan Gonzalez, Juan Fermo and Zacarias Talento were tried before the Court of First Instance of Ambos Camarines for lesiones after Juan Gonzalez, wielding a cane, struck Carlos Calero and was assisted by the other defendants in beating him.
– Calero sustained several wounds. Dr. Narciso San Agustin testified that the injuries would require 8 10 days of medical attendance; Calero himself testified that he resumed his ordinary labor after 3 days (disabled only on Dec 13‑15).
– The trial court found the defendants guilty under Art. 418 of the Penal Code (serious injuries) and sentenced each to four months and one day arresto mayor plus an equal share of ₱6 indemnity.
– Gonzalez, Fermo and Talento appealed, arguing that the injuries were minor and that liability for indemnity should be joint and several.
ISSUE
1. Whether the injuries inflicted on Calero constitute “serious injuries” punishable under Art. 418 or “minor injuries” punishable under Art. 587 of the Penal Code.
2. Whether the indemnity of ₱6 should be imposed as equal shares among the defendants or as a joint‑several obligation.
RULING
– The Court held that the victim’s own testimonythat he was able to work after three daysis controlling over the doctor’s speculation. Consequently, the injuries prevented the victim from working only 1 7 days, falling under Art. 587, which prescribes arresto menor.
– Applying the aggravating circumstance of superiority (para. 9, Art. 10, Penal Code) and finding no mitigating factors, the defendants were sentenced to the maximum degree of arresto menor (30 days).
– The indemnity must be joint and several; the defendants are ordered to pay ₱6 collectively to Calero.
– The judgment of the lower court is reversed. The appealed defendants are sentenced to 30 days imprisonment in the provincial jail of Ambos Camarines, to pay ₱6 jointly and severally to the offended party, and to bear the costs. Judgment to be entered after ten days; the record is to be remanded for execution.
Concurrence: Arellano, C.J., and Justices Torres, Mapa, Carson, Tracey.