Title
People vs Joven
Case
G.R. No. 12066
Decision Date
Feb 3, 1917
Angel Joven assaulted his cousin Edilberto with a knife, causing severe injuries. Intent to kill was evident; intervention prevented death. Classified as attempted homicide, P500 indemnity upheld. Penalty adjusted to prision correccional.
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Case Digest (G.R. No. 12066)

Facts:

  1. Incident Details:

    • On June 13, 1915, in Bacolor, Pampanga, Angel Joven (defendant) assaulted his cousin, Edilberto Joven, with a pocket-knife.
    • The assault occurred between 3 and 4 PM in front of the market.
    • Edilberto Joven sustained multiple wounds: one on the neck, one on the left forearm, and one on the stomach.
    • Fortunato Datu intervened, preventing further harm by holding the defendant's arm.
  2. Medical Evidence:

    • Dr. Clemente Punu testified that the neck wound was serious and could have been fatal if deeper, as it was near major arteries.
    • The forearm wound was also potentially life-threatening if untreated.
    • The stomach wound was less severe but could have been fatal if deeper.
    • Edilberto Joven required hospitalization and two surgeries, leaving his left arm weakened and partially incapacitated.
  3. Weapon Used:

    • The weapon was an automatic pocket-knife with a five-inch blade, capable of causing significant harm.
  4. Defendant's Intent:

    • The defendant stated, "Until I can kill you," while pursuing Edilberto Joven.
    • The nature and location of the wounds indicated an intent to kill.
  5. Damages and Expenses:

    • Edilberto Joven incurred approximately P400 in medical and travel expenses.
    • Doctor Punu estimated his fees at P80-P100, which had not yet been collected.
  6. Defendant's Defense:

    • The defendant did not present evidence during the trial.
    • On appeal, he argued that the crime should be classified as "lesiones menos graves" (less serious physical injuries) rather than attempted homicide.
    • He also contested the indemnity of P500, claiming damages were not proven.

Issue:

  • (Unlock)

Ruling:

  • (Unlock)

Ratio:

  1. Intent to Kill:

    • The defendant's intent to kill was established by his use of a deadly weapon, the nature and location of the wounds, and his statement during the assault.
    • The intervention of a third party (Fortunato Datu) prevented the crime from being completed, making it an attempted homicide.
  2. Indemnity for Damages:

    • Under Article 122 of the Penal Code, courts are authorized to determine the amount of indemnity based on the nature and consequences of the injuries.
    • The lower court's assessment of P500 was reasonable, considering the medical expenses, the victim's partial incapacitation, and the testimony of the victim and the attending physician.
  3. Penalty Adjustment:

    • The Supreme Court corrected the penalty imposed by the lower court, changing it from presidio correccional to prision correccional, as the latter was the appropriate penalty under the circumstances.


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