Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1905 > January 1905 Decisions > G.R. No. 1687 January 31, 1905 - UNITED STATES v. MARIA SOLIS ET AL.

004 Phil 178:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 1687. January 31, 1905. ]

THE UNITED STATES, Complainant-Appellee, v. MARIA SOLIS ET AL., Defendants-Appellants.

C. W. O’Brien for Appellants.

Solicitor-General Araneta for Appellee.


SYLLABUS


1. CRIMINAL LAW; LESIONES GRAVES; CRIMINAL LIABILITY. — Where it does not appear that the aggression against the injured party was the result of a conspiracy on the part of the aggressors, each one of them is individually responsible for his acts and for the damage caused thereby to the injured party.

2. ID; MITIGATING CIRCUMSTANCES; PENALTY. — There being no aggravating circumstances, the defendant should be punished with the penalty next lower than that provided by law in the minimum degree.


D E C I S I O N


TORRES, J. :


In a complaint dated September 21, 1903, Maria Solis, Fernando Solis, and Maria Castellon were charged with lesiones graves. The complaint stated that at about 8 o’clock in the morning of June 12 of said year Gregoria Magabilin was at the house of Maria Solis at the latter’s invitation; that Maria Solis asked Magabilin if she had not been granted by her, Maria Solis, but by her brother, Victoriano Solis; that Magabilin replied she had not said such a thing, and that then and there the servant of the house, Maria Castellon, struck Gregoria Magabilin in the mouth with her fist; that Victoriano intervened in the affray and tried to separate them; that when the injured party was trying to defend herself, Victoriano slapped her aggressor; that Fernando Solis in his turn struck Magabilin twice with his fist in the temples and then Maria Solis, taking her by the hair, dragged her along the ground and bit her by the hair, dragged her along the ground and bit her in the left ear. As a result of this bite, part of the ear was removed, and the earrings which Magabilin had valued at $1.25, disappeared. These facts are clearly proven. They have all the characteristics of the crime of lesiones graves provided for in subsection 3 of article 416 of the Penal Code.

As a result of the affray and of the injury suffered, Gregoria Magabilin was permanently disfigured because of the loss of the lobule of the left ear. The physician, who recognized the injured party, testified to this on the trial of the case. The three defendants pleaded not guilty, and notwithstanding was offered of any importance in their defense. Notwithstanding that the witness for the prosecution, Victoriano, did not corroborate in full the statements of Gregoria Magabilin, the injured party, due, perhaps, to the relationship existing between him and one of the defendants, yet he corroborates the fact of the fight and of the injury suffered by Magabilin and caused by Maria Castellon. We have to admit the statements of Gregoria Magabilin as true, because they contain details which are more in conformity with the truth and with the result of the fight. It does not appear from the proof that the aggression against the injured party was the result of conspiracy on the part of the aggressors, hence each of them is individually responsible for his acts and for the damage caused thereby to the injured party. Maria Castellon and Fernando Solis only struck Gregoria Magabilin with their fists, one after the other, and their blows did not produce any serious consequences. But Maria Solis having ill-treated the injured party, and having dragged her along the ground by the hair, inflicted the lesion grave for which she is now prosecuted. She caused this by having bitten her, therefore Maria Solis is the only person liable for the lesion grave which was occasioned to Maria Magabilin. The other two defendants can not considered as participants in this crime. They can only be punished for ill treatment, which is a misdemeanor. The injury caused to the left ear of Gregoria Magabilin was not the result of the joint ill treatment of Fernando Solis, Maria Castellon, and Maria Solis, but resulted from the sole act of Maria Solis, as the evidence establishes.

We agree with the opinion of the Court of First Instance as regards taking into consideration the two extenuating circumstances provided for in subsections 3 and 7 of article 9 of the Penal Code, and also that defined in article 11 of the same code. There are no aggravating circumstances to counterbalance the effect of the two extenuating circumstances, and therefore the defendant Maria Solis should be punished with the penalty next lower than that provided by law in the minimum degree.

Therefore, for the reasons above stated, we are of the opinion that the judgment below should be affirmed as regards Maria Solis, with one-third of the costs. We reverse the judgment below as regards Fernando Solis and Maria Castellon, who are hereby acquitted of said crime, but as a punishment for their misdemeanor or ill treatment, and for their correction, we impose upon them a fine of P10 each, with subsidiary imprisonment in case of insolvency, the costs to de oficio.

This case to be remanded to the court below with a certified copy of this decision and of the judgment which shall be rendered in accordance herewith. So ordered.

Arellano, C.J., Mapa, Johnson and Carson, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-1905 Jurisprudence                 

  • G.R. No. 1289 January 3, 1905 - UNITED STATES v. ANASTASIO BOSITO ET AL.

    004 Phil 100

  • G.R. No. 1523 January 4, 1906

    UNITED STATES v. JACINTO SOSA

    004 Phil 104

  • G.R. No. 1669 January 4, 1905 - UNITED STATES v. EVANGELISTA

    004 Phil 106

  • G.R. No. 1945 January 4, 1905 - UNITED STATES v. MANUEL NAVARRETE ET AL.

    004 Phil 108

  • G.R. No. 1287 January 5, 1905 - UNITED STATES v. PEDRO BAGUIAO

    004 Phil 110

  • G.R. No. 1290 January 5, 1905 - UNITED STATES v. REGINO AYAO, ET AL.

    004 Phil 114

  • G.R. No. 2094 January 11, 1905 - UNITED STATES v. MANUEL TOMINES

    004 Phil 120

  • G.R. No. 1314 January 12, 1905 - UNITED STATES v. JOSE SAMSON

    004 Phil 123

  • G.R. No. 1340 January 12, 1905 - UNITED STATES v. CLARO MENDOZA

    004 Phil 124

  • G.R. No. 1643 January 12, 1905 - UNITED STATES v. SATURNINO DE LA CRUZ ET AL.

    004 Phil 126

  • G.R. No. 2246 January 12, 1905 - UNITED STATES v. PEDRO BAILON

    004 Phil 128

  • G.R. No. 1536 January 14, 1905 - UNITED STATES v. ROMULO AGAS

    004 Phil 129

  • G.R. No. 1565 January 14, 1905 - UNITED STATES v. JOSE NER

    004 Phil 131

  • G.R. No. 2362 January 14, 1905 - FRANK DE L. CARRINGTON v. J. J. PETERSON

    004 Phil 134

  • G.R. No. 1615 January 16, 1905 - UNITED STATES v. ANDRES ASCUE

    004 Phil 138

  • G.R. No. 1692 January 18, 1905 - UNITED STATES v. ADRIANO PERDON

    004 Phil 141

  • G.R. No. 1874 January 18, 1905 - UNITED STATES v. ANGEL ONGTENGCO

    004 Phil 144

  • G.R. No. 1222 January 21, 1906

    UNITED STATES v. MATEO LAPUS, ET AL.

    004 Phil 147

  • G.R. No. 1767 January 21, 1905 - UNITED STATES v. GAVINO GARCIA

    004 Phil 151

  • G.R. No. 1851 January 23, 1905 - UNITED STATES v. SATURNINO TRINIDAD

    004 Phil 152

  • G.R. No. 1855 January 23, 1905 - UNITED STATES v. CATALINO COFRADA

    004 Phil 154

  • G.R. No. 1989 January 23, 1905 - UNITED STATES v. CELEDONIO NERY

    004 Phil 158

  • G.R. No. 1737 January 25, 1905 - UNITED STATES v. PETRONILO PATIÑO ET AL.

    004 Phil 160

  • G.R. No. 1757 January 25, 1905 - UNITED STATES v. DOMINGO LASCANO

    004 Phil 164

  • G.R. No. 1826 January 25, 1905 - UNITED STATES v. PABLO GABRIEL

    004 Phil 165

  • G.R. No. 1827 January 25, 1905 - UNITED STATES v. LEONARDO SANTIAGO

    004 Phil 168

  • G.R. No. 1541 January 27, 1905 - UNITED STATES v. VICENTE SANTILLAN

    004 Phil 170

  • G.R. No. 1828 January 27, 1905 - UNITED STATES v. FERMIN MANGADO

    004 Phil 171

  • G.R. No. 1832 January 28, 1905 - UNITED STATES v. MARTIN SOSA ET AL.

    004 Phil 172

  • G.R. No. 1957 January 30, 1905 - UNITED STATES v. SATURNINO ASILO

    004 Phil 175

  • G.R. No. 1958 January 30, 1905 - UNITED STATES v. ESTEBAN CABINGAN

    004 Phil 177

  • G.R. No. 1687 January 31, 1905 - UNITED STATES v. MARIA SOLIS ET AL.

    004 Phil 178