THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. JUAN MONTES ET AL., DEFENDANTS, JUAN MONTES, BASILIO MACALINAO, RAMON ALMASCO, TEODORO CALISO, SANTIAGO CASUPAN…

On the night of January 8, 1928, sailors Satterlee, Nagle, R. G.
Owen, J. L. Ward and J. Ferguson came to Manila from the municipality
of Cavite, Province of Cavite, in an automobile driven by Jose
Panoguiton. When they came to a deserted spot on the road near
Dalahican, Panoguiton stopped the car saying that he wanted to examine
the tires. Satterlee, who sat beside Panoguiton, also alighted to see
what Panoguiton did. At that instant other cars bearing Juan Montes and
the other appellants stopped there, and the latter attacked the sailors
with clubs and iron bars. The sailors resisted and in turn attacked.
During the affray Nagle and Satterlee lost consciousness as the result
of a blow on the head, whereupon the assailants left. As a result of
the attack Nagle and Satterlee were wounded and had to be taken to the
hospital, requiring medical assistance for a period of more than eight
and less than thirty days.

An information for frustrated homicide having been filed against the appellants, they were sentenced to ten years and one day prision mayor for the crime charged.

The question of fact raised in this case refers solely to the
identity of the appellants, and on this point we find that the evidence
establishes beyond all doubt that the appellants were the ones who, on
that night, assaulted and attacked the sailors.

We agree with the Attorney-General in his opinion that the facts
proven do not constitute the crime of frustrated homicide for which the
defendants are condemned, but only that of less serious physical
injuries. There is nothing in the circumstances of the case to indicate
that the appellants intended to kill the offended parties. On the
contrary, the fact that when some of the sailors lost consciousness
during the affray, the appellants left, excludes the idea that they had
any intention to kill; and it being more favorable for them under such
conditions to carry out this purpose, the fact that instead of
continuing the attack, they desisted from it, shows that their
intention was not to carry their purpose beyond the result of their
acts.

Considering the extent of the injuries sustained by Satterlee and
Nagle, the facts constitute the crime of personal injuries defined in
article 418 of the Penal Code, making of the personal injuries
inflicted upon Nagle and Satterlee two independent crimes. The
aggravating circumstance of uninhabited place must be taken into
account.

Wherefore, the appellants are found guilty of two crimes of physical
injuries according to article 418 of the Penal Code, and are hereby
severally sentenced to six months arresto mayor and to pay a fine of
1,300 pesetas, with subsidiary imprisonment in case of insolvency, and costs. So ordered.

Johnson, Street, Villamor, Johns, Romualdez, and Real, JJ., concur.