GR 40940; (October, 1934) (Digest)
G.R. No. 40940 ; October 9, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ALIPIO BALUBAR, defendant-appellant.
FACTS
The defendant, Alipio Balubar, was charged with assaulting Isidro Pizarro by striking him in the mouth with an iron instrument (a truck crank) on the night of Good Friday, April 14, 1933, in Bangued, Abra. The blow caused a lacerated wound on Pizarro’s upper lip and broke four of his front teeth, which later had to be extracted. The wound healed in six days with medical treatment, but the trial court found that the loss of teeth resulted in a permanent deformity. The prosecution evidence established that the assault was motivated by the defendant’s resentment because Pizarro had been a witness against him in a prior case. The defendant claimed he merely jerked the rope of Pizarro’s ox cart, causing Pizarro to fall and injure himself, but this version was uncorroborated. The trial court convicted Balubar under Article 263(3) of the Revised Penal Code, with the aggravating circumstance of nocturnity, and sentenced him to four years and two months of prision correccional.
ISSUE
Whether the loss of four front teeth, resulting in a conspicuous disfigurement, constitutes “deformity” under Article 263(3) of the Revised Penal Code, thereby qualifying the crime as serious physical injuries.
RULING
No. The Supreme Court modified the trial court’s decision. While the evidence sustained the conviction for physical injuries, the Court held that the loss of teeth does not constitute “deformity” under Article 263(3) of the Revised Penal Code. The Court noted that modern dentistry can repair or replace lost teeth, preventing a permanent physical abnormality. Citing its recent precedent in People vs. Oh Suilay, the Court ruled that such injuries should be classified as less serious physical injuries under Article 265. The aggravating circumstance of nocturnity was also rejected, as it was not shown to have been deliberately sought by the accused. Accordingly, the appellant was found guilty of less serious physical injuries and sentenced to two months and one day of arresto mayor.
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