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  • People vs. Almonte, 56 Phil. 54

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    Elyka Sata
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    The defendant appealed the ruling that held her responsible for the death of the victim. The court found that the wound inflicted by the defendant, while it required medical treatment, would have healed within a week. The victim's death was actually due to complications from the hospital treatment and was not a direct result of the initial wound. Therefore, the defendant could only be charged with slight physical injuries under Article 587 of the Penal Code, with a penalty of arresto menor.

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    33. People vs. Almonte, 56 Phil. 54

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    The defendant appealed the ruling that held her responsible for the death of the victim. The court found that the wound inflicted by the defendant, while it required medical treatment, would have healed within a week. The victim's death was actually due to complications from the hospital treatment and was not a direct result of the initial wound. Therefore, the defendant could only be charged with slight physical injuries under Article 587 of the Penal Code, with a penalty of arresto menor.

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    138 views3 pages

    People vs. Almonte, 56 Phil. 54

    Uploaded by

    Elyka Sata
    The defendant appealed the ruling that held her responsible for the death of the victim. The court found that the wound inflicted by the defendant, while it required medical treatment, would have healed within a week. The victim's death was actually due to complications from the hospital treatment and was not a direct result of the initial wound. Therefore, the defendant could only be charged with slight physical injuries under Article 587 of the Penal Code, with a penalty of arresto menor.

    Copyright:

    © All Rights Reserved
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    of 3

    [G.R. No.

    35006           September 7, 1931]


    THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
    vs.
    PURIFICACION ALMONTE, defendant- appellant.
    FACTS:
    Until a week before the crime, the accused lived maritally with the Chinaman
    Felix Te Sue who was a married man. Because one Miguela Dawal, with
    whom he had also lived maritally, threatened to bring suit against him
    unless he rejoined her, the Chinaman and the accused voluntarily agreed to
    separate. From that time on Te Sue lived in the barrio of Guinlajon,
    municipality of Sorsogon, Province of Sorsogon, together with the said
    Miguela Dawal. On the morning of October 1, 1930, the accused visited her
    former paramour and on entering the house, found him with Miguela. When
    Te Sue saw her, he approached and told her to go away at once because her
    new paramour might get jealous and do her harm. The accused insisted
    upon remaining, and on being pushed by Te Sue and Miguela, feeling that
    she was being unjustly treated, took hold of a small penknife she carried and
    stabbed the man in the abdomen. Horrified, perhaps, at her deed, she fled
    to the street, leaving the blade sticking in her victim's abdomen, and, taking
    the first bus that chanced to pass, finally went home. The injured man was
    at once taken to the provincial hospital where he was given first aid
    treatment, and Doctor Ortega performed a slight operation upon him,
    cleaning and sewing up his wound. It was not serious, according to the
    doctor, and might be healed in a week; but on the sixth day the patient
    succumbed to complications which we shall treat of later on. The relatives of
    the deceased paid a little over P200 for the hospital treatment and the
    expenses of his last illness.
    Doctor Ortega declares the cause of the secondary hemorrhage that
    produced his death, were due to the pain felt after the operation and during
    his illness. It is contended that according to the record, the real cause of the
    movements was, so the deceased himself declared, the excessive warmth of
    the bed and the fact that he was unaccustomed to such a bed. To ascertain
    this important point requires a careful examination of the evidence upon this
    particular.
    ISSUE:
    Whether or not the trial court erred in holding the accused responsible for
    the death of the offended party as the direct and immediate consequence of
    the wound inflicted by the accused
    HELD:
    Yes. The trial court erred in holding the accused responsible for the death of
    the offended party as the direct and immediate consequence of the wound
    inflicted by the accused.
    The court ruled that the defendant- appellant can only be made to answer
    for the misdemeanor of slight physical injuries as defined and penalized in
    article 587 of the Penal Code, in as much as the wound inflicted by her might
    have been healed in seven days, the penalty fixed being arresto menor. The
    court hold, therefore, that the real cause of death in this case was not the
    bodily movements referred to, but the congestion of the internal veins
    produced  beforehand by the force of the blow which caused the wound and
    the nervous condition of the deceased.
    In the case cited , the appellant is entitled to the mitigating circumstances of
    not having intended to commit so serious a crime as that committed, and of
    having acted with passion and obfuscation. The first is shown by the fact
    that she made use of a small penknife, and the second, by the fact that
    before the attack she had been pushed out of the room where the victim
    was, and that she considered such treatment as an offense or abuse. The
    penalty must therefore be reduced one degree or to prision mayor.
    Reference:
    Penal Code Article 587. The penalty of arresto menor shall be imposed
    upon any person who shall inflict upon another any physical injuries which
    shall prevent the person injured from working for a period of from one to
    seven days, or shall make medical attendance necessary for the same
    period.
    If the offender shall be the father, son, husband, or guardian of the person
    injured, the maximum degree of the penalty shall be imposed, whatever
    may be the circumstances of the case.

    Article 587. The penalty of arresto menor shall be imposed upon any


    person who shall inflict upon another any physical injuries which shall
    prevent the person injured from working for a period of from one to seven
    days, or shall make medical attendance necessary for the same period.
    If the offender shall be the father, son, husband, or guardian of the person
    injured, the maximum degree of the penalty shall be imposed, whatever
    may be the circumstances of the case.

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