G.R. No. 5597 - People vs Jeffrey

On the evening of March 1, 1909, Teodorica Saguinsin was inside a Chinese shop in Guadalupe, San Pedro Macati, Rizal Province.
D. B. Jeffrey appeared and struck her three times on the hip with a bottle he was carrying, without any apparent reason.
As a result, Teodorica fell to the ground with heavy bleeding from the womb.
She was immediately taken home by carretela, assisted by Basilisa Pascual.

Teodorica was three months pregnant at the time.
On the following day, she had a miscarriage as certified by the president of the municipal board of health after examination.
She could not perform her usual duties for forty-five days due to her illness.

On June 5, 1909, the provincial fiscal filed a complaint with the Court of First Instance of Rizal charging Jeffrey with the crime of *lesiones menos graves*.
Trial court sentenced Jeffrey on August 19, 1909, to forty-five days of arresto mayor, a fine of 325 pesetas, indemnification to Teodorica of P50, subsidiary imprisonment in case of insolvency (not exceeding one-third of the main penalty), and payment of costs.
Jeffrey’s counsel appealed from the judgment.

Jeffrey denied intentional harm, claiming he only pushed Teodorica lightly with his finger after colliding with her on the road.
He admitted carrying a bottle but claimed no maltreatment.
Witnesses corroborated that Jeffrey struck Teodorica three times with the bottle.
The military surgeon Raymond F. Metcalf examined Teodorica seven days after the incident and found no signs of abortion, but this was discounted due to time lapse and other medical testimonies.
It was proven Jeffrey was drunk during the incident; however, there was no evidence he was a habitual drunkard.

Whether the crime committed was *lesiones menos graves* or abortion.
Whether the defendant could be lawfully convicted for abortion despite the complaint charging only *lesiones menos graves*.
Proper penalty to be imposed considering the circumstances of the case.