Title
Pastor Corpus, Jr. y Belmoro vs. People
Case
G.R. No. 255740
Decision Date
Aug 16, 2023
Pastor Corpus Jr. acquitted as slight physical injuries charge prescribed, highlighting strict adherence to crime prescription periods.
A

Case Summary (G.R. No. 255740)

Applicable Law and Constitutional Basis

Constitutional framework: 1987 Philippine Constitution (applicable because the decision is dated 1990 or later). Statutory and procedural provisions applied: Revised Penal Code (RPC) Articles 263 (serious physical injuries), 266 (slight physical injuries), 89(5) (extinguishment of criminal liability by prescription), 90 (prescription of crimes), and 91 (computation of prescription). Rules of Court: Rule 120, Sections 4 and 5 (variance doctrine). Rules on Summary Procedure (governing light offenses punishable by imprisonment not exceeding six months) and relevant jurisprudence: Francisco v. Court of Appeals; Panaguiton v. Department of Justice; Republic v. Desierto; Perez v. Sandiganbayan; People v. Pangilinan; Zaldivia v. Judge Reyes, Jr.

Factual Allegations

The private complainant alleged that on 25 November 2017, while proceeding to work, he was intercepted and assaulted by Pastor and two others, resulting in a bloody nose and alleged fracture of the proximal end of the fifth digit of the right hand. The medico-legal report indicated treatment/incapacity of three to nine days and noted a complete fracture of the finger’s proximal end. The prosecutor’s office, construing the fracture as disfigurement, filed an information charging Pastor and the co-accused with serious physical injuries (alleging a fractured right finger and disfigurement).

Procedural History

Pastor pleaded not guilty and trial ensued. The MeTC found insufficient evidence that the co-accused participated and acquitted them, but convicted Pastor of slight physical injuries (arresto menor; moral damages Php10,000) on 20 November 2018. The RTC dismissed Pastor’s appeal and affirmed the MeTC decision on 20 March 2019. The CA likewise denied Pastor’s appeal (Decision affirmed). Pastor filed a Petition for Review under Rule 45 with the Supreme Court contesting prescription and other matters; the Supreme Court granted the petition on the ground of prescription and acquitted Pastor.

Issues Presented

(1) Whether factual issues raised are beyond the scope of a Rule 45 Petition for Review on Certiorari; (2) Whether the CA correctly ruled that the information charging serious physical injuries had not prescribed; (3) Whether the CA correctly affirmed conviction for slight physical injuries.

Legal Principle on Variance and Prescription

The variance doctrine (Rule 120, Secs. 4–5) permits conviction for an offense proved that is necessarily included in the offense charged. However, longstanding precedent (Francisco v. Court of Appeals) establishes that an accused cannot be convicted of a lesser included offense that had already prescribed at the time the information was filed. Allowing conviction of the lesser offense despite prescription would permit circumvention of prescription periods by charging the graver offense.

Classification of Offenses and Prescription Periods

Serious physical injuries under Article 263(3) (involving deformity or loss/use of a body part, or incapacity for habitual work for over 90 days) is a correctional offense (prision correccional) and prescribes in ten years. Slight physical injuries under Article 266 is a light offense; Article 90 prescribes light offenses in two months. Article 89(5) provides that criminal liability is totally extinguished by prescription.

Computation Rule and Effect of Summary Procedure

Article 91 provides that the prescriptive period commences upon discovery of the crime by the offended party or authorities and is interrupted by the filing of the complaint or information; it restarts if proceedings terminate without conviction or are unjustifiably stopped for reasons not imputable to the accused. The Supreme Court’s recent jurisprudence (Republic v. Desierto) clarifies that for crimes within the scope of the Rules on Summary Procedure and within Metropolitan Manila/chartered cities, the running of prescription is tolled only by the filing of an information in the proper court, not by the lodging of a complaint with the prosecutor’s office. Slight physical injuries is governed by the Rules on Summary Procedure because it is punishable by imprisonment not exceeding six months (arresto menor), so the information’s filing in court is the operative interruptive act.

Application to the Present Case

The evidence at trial established only slight physical injuries (incapacity/medical attendance of three to nine days), not the elements of serious physical injuries traced to the accused. Because slight physical injuries is a light offense prescribing in two months and the information was filed in court on 21 May 2018 while the incident occurred on 25 November 2017, 177 days had

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