Title
People vs. Bogel
Case
G.R. No. L-2957
Decision Date
Jan 3, 1907
Accused convicted of robbery with violence; stabbing victim lost an eye. Supreme Court ruled injury not "intentional mutilation," corrected penalty to *cadena temporal* max due to aggravating circumstances.

Case Summary (G.R. No. 233395)

Case Background

The defendants were charged with robbery, a crime characterized by the use of violence. During the incident, one of the defendants inflicted a stabbing injury on the victim, Fabiana, which resulted in the loss of her eye. The trial court initially imposed a penalty under paragraph 2 of article 503 of the Penal Code, which appeared insufficient given the circumstances.

Applicable Law

The applicable law includes the Penal Code provisions regarding robbery with violence or intimidation, specifically article 503, as well as the provisions for grave injuries found in article 416. The specific paragraphs relevant to this case are:

  • Paragraph 2 of Article 503: Prescribes a penalty of cadena temporal in its medium degree to cadena perpetua when robbery is accompanied by intentional mutilation or significant injuries.
  • Paragraph 3 of Article 503: Applies when wounds inflicted correspond to those penalized in paragraph 2 of article 416, which involves injuries resulting in loss of an eye or principal member.

Definition of Mutilation

The court engaged in a critical analysis of the term "mutilation" in the context of the Penal Code. It noted that for an act to be categorized as mutilation, it must involve the lopping or clipping off of a body part as defined in the Diccionario de la lengua. The court concluded that the act of putting out an eye through stabbing does not meet this definition, thus influencing the penalty to be imposed under the applicable article.

Aggravating Circumstances

The commission of the robbery was marked by aggravating circumstances, specifically:

  • The robbery occurred at night.
  • It took place within the residence of the victim.
  • The robbers disguised themselves to enhance their safety while committing the offense.

These factors elevated the seriousness of the crime, necessitating a harsher penalty than what was initially prescribed by the trial court.

Court's Conclusion and Decision

The Supreme Court determined that the trial court failed to account for the aggravating

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