Case Summary (G.R. No. 7108)
Charges and Sentencing
Jose Mallari was sentenced to three months of arresto mayor, while Vicente Cueson was sentenced to one month of arresto mayor. Both were ordered to pay one-half of the costs. However, Vicente Cueson withdrew his appeal during the appeal process, resulting in the lower court's sentence against him becoming final.
Facts of the Case
The prosecution presented evidence showing that Jose Mallari had, with a stick or club, beaten and wounded one Ignacio Alvarado, causing several slight wounds. Alvarado testified that he was incapacitated from his regular activities for approximately ten days, while a sanitary inspector estimated the period of incapacitation to be between seven to nine days. The court concluded that the evidence did not support a finding of incapacity exceeding seven days.
Jurisdictional Issues
The defense raised a claim regarding the jurisdiction of the Court of First Instance, contending that the case should have fallen under the jurisdiction of a justice of the peace. The court addressed this by stating that the jurisdiction depends on the facts alleged in the complaint. The court maintained that it retains jurisdiction even if it is later determined that a lesser crime was committed than originally alleged.
Reassessment of Penalty
Upon a thorough examination of the evidence and the claims of both parties, the court determined that the proper penalty for Jose Mallari should be reduced to thirty days of arresto menor, rather than the original sentence. The court also rejected the Attorney-General's recommendation for Mallari and Cueson to indemnify Alvarado in the amount of P140, due to insufficient evidence proving that Alvarado incurred that specific amount for his injuries.
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...continue readingCase Syllabus (G.R. No. 7108)
Case Overview
- The case involves the defendants, Jose Mallari and Vicente Cueson, who were charged with the crime of lesiones menos graves.
- The Court of First Instance of Cagayan found both defendants guilty, sentencing Jose Mallari to three months of arresto mayor and Vicente Cueson to one month of arresto mayor, along with shared costs.
- Vicente Cueson later withdrew his appeal, resulting in the finality of the sentence against him.
Facts of the Case
- On the evening of August 29, 1910, in Aparri, Cagayan, Jose Mallari voluntarily and unlawfully attacked Ignacio Alvarado with a stick or club, inflicting several minor wounds.
- Alvarado testified about his incapacity to work for ten days following the incident.
- Testimony from a sanitary inspector indicated that Alvarado was likely incapacitated for about seven to nine days.
- There was no evidence suggesting that Alvarado's injur