Case Digest (G.R. No. 40940)
Facts:
The People of the Philippine Islands v. Alipio Balubar, G.R. No. 40940, October 09, 1934, the Supreme Court En Banc, Vickers, J., writing for the Court. The prosecution (plaintiff and appellee) charged Alipio Balubar (defendant and appellant) in the Court of First Instance of Abra with unlawfully assaulting Isidro Pizarro on or about April 14, 1933, by striking him in the mouth with an iron crank ("manigueta"), producing a laceration of the upper lip, the breaking of four teeth and a resultant conspicuous deformity; the information invoked subsection 3 of Article 263 of the Revised Penal Code.At trial the court found the defendant guilty and, because it also found nocturnity as an aggravating circumstance, sentenced him under subsection 3 of Article 263 to four years and two months of prision correccional, accessory penalties and costs. The defendant appealed. The transcript of evidence shows the incident occurred late at night (Good Friday); the offended party was on an ox cart accompanied by three women; the accused stopped his truck, sought out the offended party and struck him with the iron crank. Medical testimony established that four front teeth were broken and the lip required six days of medical treatment; the trial judge found a "very noticeable disfigurement" at the time of trial.
On appeal to the Supreme Court the appellant advanced a version that the offended party was drunk, had insulted him, and that a sudden jerk of a rope — not a deliberate blow — caused the offended party to fall and sustain the injuries; he also claimed an ex post demand for payment for gold teeth. The trial court's findings were largely upheld by the Court except as to nocturnity. The Court reviewed Spanish Supreme Court authorities, prior decisions of this Court including People v. Rodas and People v. Medina (both promulgated February 7, 1930), and foreign authority (Keith v. State), and reexamined the legal meaning of "deforme" and "cualquier otro miembro...(Subscriber-Only)
Issues:
- Did the injuries inflicted on Isidro Pizarro — the breaking and subsequent extraction of four front teeth and a lacerated lip producing a conspicuous change in appearance — constitute "deformity" or the loss of "any other member" within the meaning of subsection 3, Article 263 of the Revised Penal Code (i.e., lesiones graves)?
- Was the aggravating circumstance of nocturnity properly fou...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)