Case Digest (G.R. No. 173150)
Facts:
In G.R. No. 173150, decided on July 28, 2010 under the 1987 Constitution, petitioner Lydia C. Gelig was charged by Information dated June 6, 1982 with the complex crime of direct assault with unintentional abortion before the Regional Trial Court (RTC), Cebu City, Branch 23, in Criminal Case No. CU-10314. The prosecution alleged that on July 17, 1981 at about 10:00 a.m. in Barangay Nailon, Bogo, Cebu, Lydia slapped and pushed private complainant Gemma B. Micarsos, a public classroom teacher, causing her to fall against a wall divider. Gemma suffered a contusion in her maxillary area and, two days later, began experiencing abdominal pain and bleeding. On August 28, 1981 she was diagnosed with incomplete abortion at Southern Islands Hospital. Lydia pleaded not guilty; at trial she claimed self-defense, insisting that Gemma first attacked her. On October 11, 2002, the RTC convicted Lydia for direct assault with unintentional abortion and sentenced her to an indeterminate penalty ofCase Digest (G.R. No. 173150)
Facts:
- Charging and Plea
- On July 17, 1981, petitioner Lydia C. Gelig confronted Gemma B. Micarsos, slapped her in the cheek and pushed her, causing Gemma to fall against a wall divider.
- An Information was filed on June 6, 1982 for the complex crime of direct assault with unintentional abortion; Lydia pleaded not guilty at her arraignment.
- Prosecution’s Version
- Lydia, angered by Gemma calling her son a “sissy,” entered the classroom, slapped and pushed Gemma, resulting in a contusion of the maxillary area (medical certificate, Bogo General Hospital).
- Two days later, Gemma experienced abdominal pains and bleeding; on August 28, 1981 she was diagnosed with incomplete abortion (medical certificate, Southern Islands Hospital).
- Defense’s Version
- Lydia asserted she merely approached Gemma to complain about the name-calling; Gemma allegedly attacked first by holding and kicking her, prompting Lydia to push Gemma against the wall in self-defense.
- Procedural History
- RTC, Branch 23 Cebu City (October 11, 2002) convicted Lydia of direct assault with unintentional abortion and sentenced her to 6 months arresto mayor as minimum to 4 years, 2 months prision correccional as maximum; ordered payment of ₱10,000 actual and ₱15,000 moral damages.
- CA (January 10, 2006) vacated RTC decision; held Lydia not guilty of direct assault (since Gemma allegedly ceased to be a person in authority) and unintentional abortion (no proof Lydia knew of pregnancy), but convicted her of slight physical injuries (arresto menor, 10 days).
Issues:
- Did the Court of Appeals err in convicting petitioner Lydia Gelig of slight physical injuries under Article 266(1) of the Revised Penal Code and sentencing her to arresto menor?
- Did the Court of Appeals exceed the bounds of the Information by convicting petitioner of slight physical injuries when she was charged with direct assault with unintentional abortion?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)