C.A. No. 263 Case Digest

C.A. No. 263 August 19, 1948

People of the Philippines, plaintiff-appellee

vs Timoteo Penesa, defendant-appellant

Ponente: Padilla

Facts:

Penesa and Rosario Aguillon lived as husband and wife in Camalingan Camarines Sur with their daughter and 5 children of Rosario by her late husband. Due to continuous wrangles between Penesa and Rosario, they both agreed to part. The next day Penesa returned to the house and asked Rosario to live with her in another house, the request was refused. Then Rosario's cousin came and resulted to a fight and serious physical injuries.

Upon this evidence, trial court found Penesa guilty of frustrated homicide and holding that the mitigating circumstances of passion and obfuscation without aggravating circumstance to offset it. Penesa appealed saying that he was the one attacked by Santiago Cerrado (cousin).

Held:

The trial court found the appellant guilty of frustrated homicide. This is an error. When he went to the house of Rosario early in the morning of 31 August, it was not with the intention to kill anybody, for he went there to entreat Rosario Aguillon to live with him in another house. Neither could the remarks uttered by Crescencio Doro and Santiago Cerrado have aroused his temper to such an extent as to engender the desire and intent to kill them. The finding of the trial court is based on the kind of weapons carried by the appellant when he went to the house and on the parts of the victims' bodies at which the weapons were aimed, as shown by the wounds inflicted. The bolo with the appellant inflicted the wounds upon Santiago Cerrado and Crescencio Doro was one ordinarily used by farm laborers. The dagger was carried for self-defense. The wounds inflicted upon the offended parties by the appellant were caused indiscriminately and not deliberately. Appellant's purpose in going to the house, and not the kind of weapons he carried, nor the parts of the victims' bodies on which the wounds were inflicted indiscriminately, is indicative and determinative of his intent.

It was just slight physical injuries.