GR L 5588; (February, 1910) (Digest)
G.R. No. L-5588
THE UNITED STATES, plaintiff-appellee, vs. ANTONIO BUGARIN, defendant-appellant.
February 10, 1910
FACTS:
Antonio Bugarin was caught by Miguel Guillermo while stealing a carabao. Bugarin struck Guillermo with a bolo, severing the index and middle fingers of Guillermo’s right hand. The complaint alleged that as a result, Guillermo’s right hand was rendered useless for work in the fields, his usual occupation. The Court of First Instance of Tarlac convicted Bugarin, finding the crime was committed at nighttime (an aggravating circumstance), and sentenced him under paragraph 2 of Article 416 of the Penal Code to five years imprisonment, plus accessory penalties and P20 indemnity for medical treatment. Bugarin appealed the judgment.
ISSUE:
Whether the injuries sustained by Miguel Guillermo, specifically the severed index and middle fingers of his right hand, fall under paragraph 2 of Article 416 of the Penal Code as rendering him unable to pursue his habitual occupation, or under paragraph 3 of the same article as losing a member not a principal one or rendering it useless.
RULING:
The Supreme Court affirmed the conviction but modified the penalty. The Court found that, based on Guillermo’s testimony, while he could do less field work and could not guide a plow or use a bolo as before, he was still able to assist in field work. A medical examination also confirmed his injured fingers were still movable and flexible. The Court distinguished this case from U.S. vs. Malig, where the injury rendered the victim’s hand entirely useless for his trade.
The Court ruled that the injuries sustained by Guillermo did not render him completely unable to pursue his habitual occupation as required by paragraph 2 of Article 416. Instead, the crime falls under paragraph 3 of Article 416 of the Penal Code, which punishes lesions graves if the person assaulted lost a member not a principal one or had it rendered useless.
Accordingly, the Supreme Court modified the penalty to two years of prision correccional, affirming the rest of the judgment.