G.R. No. 3280

Parties:

Plaintiff-Appellee: The United States
Defendant-Appellant: Lucio Camacho

FACTS:

On March 14, 1905, Lucio Camacho, a corporal in the Constabulary, confronted Patricio Mosqueda, a private detailed as a cook, concerning a meat ration. After Mosqueda initially refused without authorization, Camacho returned with a gun, pointing it threateningly at Mosqueda. Mosqueda then agreed to give him meat. As Camacho lowered his hand to take the meat, he raised it again, manipulated the chamber of the gun, which discharged. The bullet grazed Mosqueda’s breast and passed through his left arm, resulting in the complete loss of its use. The complaint alleged frustrated murder, but the trial court found the offense to be lesiones graves (serious personal injuries) caused by reckless negligence. The accused was sentenced to imprisonment and indemnity.

ISSUE:

Whether the discharge of the gun that caused serious injury to Patricio Mosqueda was an act of reckless negligence or an intentional act, thereby constituting lesiones graves under the Penal Code.

RULING:

The Supreme Court reversed the judgment of the lower court. The Court found that the evidence sufficiently proved that Camacho intentionally discharged the gun. Testimony from multiple witnesses indicated that Camacho pointed the gun at Mosqueda, asked if he wanted to resist, and then fired after repeated threats. The Court reasoned that the manner in which the discharge was prepared, including the manipulation of the gun’s chamber and the pulling of the trigger, indicated a voluntary action. Therefore, the act constituted the crime of lesiones graves under paragraph 2 of article 416 of the Penal Code, due to the resulting complete loss of the use of the wounded arm. Camacho was sentenced to four years’ imprisonment (prision correccional), ordered to pay an indemnity of 500 pesos to Mosqueda (or suffer subsidiary imprisonment in case of insolvency), with credit for half the period already imprisoned, and to pay the costs of the instance.