G.R. No. L-7123, August 17, 1912
THE UNITED STATES, plaintiff-appellee, vs. ROSALINDA RODRIGUEZ, defendant-appellant.

FACTS

Rosalino Rodriguez was charged with homicide for striking Marciano Magno twice with his fistonce on the left side toward the stomach and once on the backcausing Magno to fall. After getting up and walking about twenty brazas, Magno fell again and died. Two prosecution witnesses testified to seeing the defendant deliver the blows. The defense presented: (1) testimony from the defendant’s daughter and two others claiming she struck the blow because Magno had caught her hand with unchaste designs, and that the defendant arrived afterward; (2) the defendant’s claim that his right hand was disabled; and (3) a medical certificate from the autopsy showing the deceased had hypertrophy of the heart, an enlarged spleen, and abdominal peritonitis, with the cause of death undetermined and possibly hastened by trauma. The trial court rejected the defenses, convicted Rodriguez of homicide, and sentenced him to twelve years and one day of reclusion temporal, with indemnity and costs.

ISSUE

Whether the trial court correctly convicted Rosalino Rodriguez of homicide, considering the defenses of alibi, physical incapacity, and the deceased’s pre-existing medical condition.

RULING

Yes, the conviction is proper but the penalty is modified. The Supreme Court affirmed the finding of guilt for homicide. The testimony of the prosecution witnesses was credible and sufficient to establish that Rodriguez struck the fatal blows. The defense of alibi was properly rejected. The claim of a disabled hand was unsubstantiated, as evidence showed he could still use it. The deceased’s pre-existing conditions did not absolve the defendant; a blow that hastens death, even if the victim was already ill, makes the assailant criminally liable. However, two extenuating circumstances were present: (1) immediate provocation by the deceased (making unchaste advances toward the defendant’s daughter), and (2) lack of intent to cause so grave an injury. With no aggravating circumstances, the penalty was reduced to the next lower degree. The sentence was modified to eight years and one day of prision mayor. The judgment was affirmed with costs against the appellant.