G.R. No. 1687. January 31, 1905

In a complaint dated September 21, 1903, Maria Solis, Fernando Solis, and Maria Castellon were charged with lesiones graves.
The complaint stated that at about 8 o’clock in the morning of June 12
of said year Gregoria Magabilin was at the house of Maria Solis at the
latter’s invitation; that Maria Solis asked Magabilin if she had said
that the land in which her father was working had not been granted by
her, Maria Solis, but by her brother, Victoriano Solis; that Magabilin
replied she had not said such a thing, and that then and there the
servant of the house, Maria Castellon, struck Gregoria Magabilin in the
mouth with her fist; that Victoriano intervened in the affray and tried
to separate them; that when the injured party was trying to defend
herself, Victoriano slapped her aggressor; that Fernando Solis in his
turn struck Magabilin twice with his fist in the temples and then Maria
Solis, taking her by the hair, dragged her along the ground and bit her
in the left ear. As a result of this bite, part of the ear was removed,
and the pair of earrings which Magabilin had, valued at $1.25,
disappeared. These facts are clearly proven. They have all the
characteristics of the crime of lesiones graves provided for in subsection 3 of article 416 of the Penal Code.

As a result of the affray and of the injury suffered, Gregoria
Magabilin was permanently disfigured because of the loss of the lobule
of the left ear. The physician, who recognized the injured party,
testified to this on the trial of the case. The three defendants
pleaded not guilty. and nothing was offered of any importance in their
defense. Notwithstanding that the witness for the prosecution,
Victoriano, did not corroborate in full the statements of Gregoria
Magabilin, the injured party, due, perhaps, to the relationship
existing between him and one of the defendants, yet he corroborates the
fact of the fight and of the injury suffered by Magabilin and caused by
Maria Castellon. We have to admit the statements of Gregoria Magabilin
as true, because they contain details which are more in conformity with
the truth and with the result of the fight It does not appear from the
proof that the aggression against the injured party was the result of a
conspiracy on the part of the aggressors, hence each of them is
individually responsible for his acts and for the damage caused thereby
to the injured party. Maria Castellon and Fernando Solis only struck
Gregoria Magabilin with their fists, one after the other, and their
blows did not produce any serious consequences. But Maria Solis having
ill-treated the injured party, and having dragged her along the ground
by the hair, inflicted the lesion grave for which she is now prosecuted. She caused this by having bitten her, therefore Maria Solis is the only person liable for the Iesion grave
which was occasioned to Maria Magabilin. The other two defendants can
not be considered as participants in this crime. They can only be
punished for ill treatment, which is a misdemeanor. The injury caused
to the left ear of Gregoria Magabilin was not the result of the joint
ill treatment of Fernando Solis, Maria Castellon, and Maria Solis, but
resulted from the sole act of Maria Solis, as the evidence establishes.

We agree with the opinion of the Court of First Instance as regards
taking into consideration the two extenuating circumstances provided
for in subsections 3 and 7 of article 9 of the Penal Code, and also
that defined in article 11 of the same code. There are no aggravating
circumstances to counterbalance the effect of the two extenuating
circumstances, and therefore the defendant Maria Solis should be
punished with the penalty next lower than that provided by law in the
minimum degree.

Therefore, for the reasons above stated, we are of the opinion that
the judgment below should be affirmed as regards Maria Solis, with
one-third of the costs. We reverse the judgment below as regards
Fernando Solis and Maria Castellon, who are hereby acquitted of said
crime, but as a punishment for their misdemeanor or ill treatment, and
for their correction, we impose upon them a fine of P10 each, with
subsidiary imprisonment in case of insolvency, the costs to be de oficio.

This case to be remanded to the court below with a certified copy of
this decision and of the judgment which shall be rendered in accordance
herewith. So ordered.

Arellano, C. J., Mapa, Johnson, and Carson, JJ., concur.