G.R. No. L-12916, December 15, 1917
THE UNITED STATES, plaintiff-appellee, vs. LAURO FONTANILLA, defendant-appellant.

FACTS:
The defendant, Lauro Fontanilla, was charged in the Court of First Instance of Ilocos Sur with the crime of lesiones menos graves (less grave physical injuries) inflicted upon Victoriano Gimenez and Antonio Montañes. He was found guilty and sentenced to six months of arresto mayor with the accessory penalties and to pay the costs. On appeal, the errors assigned concerned the sufficiency of the evidence and the penalty imposed. The evidence showed that Gimenez was incapacitated for labor for nine to ten days, and Montañes for five to seven days. The accused was a recidivist, and no mitigating circumstances were present. No evidence was presented at trial regarding indemnification for medical expenses or lost wages.

ISSUE:
1. Whether the trial court’s findings of fact and penalty imposed should be upheld.
2. Whether the accused can be convicted of more than one offense under a single information.
3. Whether indemnification for the offended parties should be awarded despite the lack of specific evidence on damages.

RULING:
The Supreme Court affirmed the judgment of the trial court with modification.
1. The trial court’s findings of fact were upheld, as the evidence supported that Gimenez’s injuries fell under Article 418 of the Penal Code (lesiones menos graves), and Montañes’s injuries fell under Article 587 (lesiones leves).
2. Following the precedent in U.S. vs. Balaba (1917), the Court held that an accused may be convicted of more than one offense under a single information. Thus, Fontanilla was guilty of violating both articles. Given his recidivism and absence of mitigating circumstances, the maximum penalty was justified. The Court added a sentence of twenty-one days of arresto menor.
3. The Court declined to award indemnification due to the lack of evidence presented at trial regarding medical expenses or lost wages. Without such proof, the amount of indemnity could not be determined.

Separate Opinion (Dissent in Part):
Justice Torres concurred with the guilt and personal penalties but dissented on the issue of indemnification. He argued that under Article 17 of the Penal Code, civil liability arises from criminal liability. Although the record did not specify the exact amount of damages, it established the number of days the victims were unable to work. The court should have fixed indemnification based on the ordinary wage rate in the provinces (62 centavos to one peso per day). He proposed that Fontanilla be ordered to pay P7.20 to Gimenez and P4 to Montañes, with subsidiary imprisonment in case of insolvency.

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