Case Summary (G.R. No. 255740)
Key Dates
• November 25, 2017 – Incident date
• January 8, 2018 – Complaint-affidavit filed
• April 30, 2018 – Prosecutor’s resolution recommending serious physical injuries
• May 21, 2018 – Information for serious physical injuries filed in court
• November 20, 2018 – MTC decision convicting for slight physical injuries
• March 20, 2019 – RTC affirmance
• April 29, 2019 – Appeal to CA filed
• March 13, 2020 – CA decision affirming conviction
• February 10, 2021 – CA denies reconsideration
• August 16, 2023 – Supreme Court decision
Applicable Law
• 1987 Constitution – Basis for due process and judicial power
• Revised Penal Code (RPC) Article 263(3) – Serious physical injuries (10-year prescription)
• RPC Article 266 – Slight physical injuries (2-month prescription; summary procedure under Rules on Summary Procedure)
• RPC Articles 89–91 – Prescription and extinction of criminal liability
• Rules of Court Rule 120, Sections 4–5 – Variance doctrine (lesser-included offenses)
• Revised Rules on Summary Procedure – Scope; tolling of prescription only by filing of Information in court
Facts
On November 25, 2017, Pastor allegedly intercepted and struck Roberto, causing a bloody nose and a fracture at the proximal end of the right fifth digit. Roberto filed a complaint-affidavit on January 8, 2018. The prosecutor upgraded the charge to serious physical injuries based on the finger fracture.
Proceedings Below
Pastor pleaded not guilty. The MTC found insufficient evidence of co-accused participation, convicted Pastor of slight physical injuries (Article 266), sentenced him to 30 days arresto menor, and awarded PhP 10,000 moral damages. The RTC and CA affirmed. Pastor argued that the lesser offense had prescribed and invoked self-defense. The CA held that prescription did not apply because the Information charged serious physical injuries.
Issues
- Whether Rule 45 review may reach factual questions raised by Pastor.
- Whether the Information for serious physical injuries tolled prescription of slight physical injuries.
- Whether Pastor’s conviction for slight physical injuries remains valid.
Supreme Court Ruling
The petition succeeds. Under Rule 120’s variance doctrine, conviction of a lesser-included offense is permissible. However, if that lesser offense has prescribed by Information filing, conviction is barred (Francisco v. Court of Appeals). Serious physical injuries prescribe in ten years; slight physical injuries prescribe in two months. As a summary offense in Metropolitan Manila, prescription is tolled only by filing of the Inf
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Facts of the Case
- On November 25, 2017, at around 10:45 a.m. in Parañaque City, private complainant Roberto Amado Hatamosa was on his way to work when Pastor corpus, Jr., Resurecion Zamora, and Felix Corpus allegedly intercepted him and shouted threats.
- Roberto replied, “Tigilan mo ako tapos na tayo,” whereupon Pastor allegedly punched him in the face. The two co-accused purportedly joined in, resulting in physical injuries to Roberto, including a bloody nose and, as later reported, a fracture of the proximal end of the fifth digit of his right hand.
- Roberto’s Medico-Legal Report indicated three to nine days of incapacity and noted a complete fracture of the right fifth finger, which prosecutors initially deemed a disfigurement.
Procedural History
- April 30, 2018: Complaint-Affidavit executed before the City Prosecutor’s Office and Medico-Legal Report reviewed.
- April 30, 2018: Information charging Pastor and co-accused with serious physical injuries (RPC Art. 263) filed before the Metropolitan Trial Court (MeTC).
- May 21, 2018: Formal Information lodged in MeTC Criminal Case No. 18-1084.
- November 20, 2018: MeTC found no proof against the two co-accused, held Pastor guilty only of slight physical injuries (RPC Art. 266), sentenced him to arresto menor (30 days), and awarded ₱10,000 moral damages.
- March 20, 2019: Regional Trial Court (RTC), Branch 257, Parañaque City, affirmed the MeTC Decision on appeal.
- April 29, 2019: Pastor filed appeal with the Court of Appeals (CA).
- March 13, 2020: CA denied the appeal, holding that the Information charged serious physical injuries (15-, 10-, or 5-year