Title
People vs. Songco
Case
G.R. No. L-6503
Decision Date
Feb 27, 1911
Defendant attacked victim with sulphuric acid at night, causing severe injuries. Supreme Court reclassified crime as lesiones with treachery, imposing 2 years' imprisonment.
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Case Digest (G.R. No. L-6503)

Facts:

  1. Incident Details: The defendant, Chiong Songco, threw the contents of a bottle of sulphuric acid into the face and body of the complaining witness. This act caused wounds that resulted in the victim's illness (enfermedad) for more than thirty days.
  2. Manner of Attack: The attack was carried out treacherously (con alevosia), as defined under Article 10 of the Penal Code. The defendant attacked at night, from behind a sheet of zinc, and at a time when the victim was unprepared and had no reason to anticipate such an assault.
  3. Trial Court Findings: The trial court found the defendant guilty of the crime of lesiones (physical injuries) under subsection 4 of Article 416, read together with Article 417 of the Penal Code. The court also noted the aggravating circumstance of nocturnity (nighttime) and sentenced the defendant to 1 year and 1 day of imprisonment.

Issue:

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Ruling:

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Ratio:

  1. Classification of the Crime: The crime committed was lesiones (physical injuries) with the qualifying circumstance of treachery, not the use of poisons as defined under Article 417.
  2. Application of Treachery: Treachery (alevosia) qualifies the crime and warrants the imposition of a higher penalty under the last paragraph of Article 416.
  3. Penalty Adjustment: The penalty should be prision correccional in its medium degree (2 years), as the aggravating circumstance of nocturnity was already factored into the finding of treachery.
  4. Accessory Penalties: The defendant is also liable for the accessory penalties prescribed by law and must pay the costs of both instances.


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