GR 42819; (April, 1935) (Digest)
G.R. No. 42819 ; April 15, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CRISPIN GENOVES, defendant-appellant.
FACTS
Appellant Crispin Genoves was convicted of the complex crime of homicide with abortion. The incident occurred when the deceased, Soledad Rivera, who was heavily pregnant, tried to take by force a plow yoke that appellant was repairing. Appellant struck her with his fist, causing her to fall. After she got up and returned, he struck her again, causing another fall. Following the assault, the deceased walked a considerable distance to report the incident, experiencing abdominal pain and hemorrhage. These symptoms led to a premature and difficult delivery of twin babies on June 10, 1934, both of whom were dead. The deceased’s condition persisted from the assault until her death.
ISSUE
Whether the appellant is criminally liable for the death of the offended party and the abortion as a direct result of his assault.
RULING
Yes. The Court affirmed the conviction but modified the penalty. The death and abortion were the natural consequences of the assault, for which the appellant is responsible. The Court found the presence of mitigating circumstances: lack of intent to commit so grave a wrong and provocation on the part of the offended party. The abortion was classified as unintentional under Article 257 of the Revised Penal Code. The penalty was fixed at twelve years and one day to fourteen years, eight months and one day of reclusion temporal, and an indemnity of P1,000 was imposed.
AI Generated by Armztrong.