G.R. No. L-7539, November 5, 1912
THE UNITED STATES vs. CIRIACO PUNSALAN

FACTS

Ciriaco Punsalan was charged with the crime of lesiones graves (serious physical injuries) for attacking Juan de Jesus with a penknife on August 11, 1910, in Tarlac. The information alleged that the injuries rendered three fingers of Juan de Jesus’ left hand useless. The motive was Punsalan’s suspicion that de Jesus knew about the abduction of Punsalan’s sister. The trial court convicted Punsalan under paragraph 2 of Article 416 of the Penal Code, sentencing him to three years, six months, and twenty-one days of prision correccional, based on a finding that the loss of use of three fingers equated to the loss of use of a principal member (the hand).

ISSUE

Whether the trial court erred in convicting the accused under paragraph 2 of Article 416 of the Penal Code for a higher offense than that charged in the information.

RULING

Yes, the trial court erred. The Supreme Court reversed the conviction under paragraph 2 of Article 416. The information only alleged the loss of use of three fingers, which are not principal members under the law. While evidence might have supported a finding of loss of use of the hand (a principal member) under paragraph 2, the accused could not be convicted of a higher offense than that charged. The offense properly charged and proven fell under paragraph 3 of Article 416, as it involved the loss of use of a non-principal member (fingers). The Court found Punsalan guilty under paragraph 3 and sentenced him to one year, eight months, and twenty-one days of prision correccional (the medium penalty), with accessory penalties, costs, and indemnity to the offended party.