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  • Absent Any Evidence Proving The Gravity or Duration of The Physical Injury Inflicted by Dominador

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    jude plata
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    Dominador Laurio was found guilty of slight physical injuries rather than serious injury or murder due to a lack of evidence about the gravity or duration of the injury caused by his fist blow against the victim or a conspiracy with his brothers. The court modified the appealed decision, finding Dominador guilty of slight physical injuries only and sentencing him to 30 days imprisonment with accessory penalties, ordering his immediate release if detained longer unless for another offense.

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    Absent Any Evidence Proving the Gravity or Duration of the Physical Injury Inflicted by Dominador

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    Dominador Laurio was found guilty of slight physical injuries rather than serious injury or murder due to a lack of evidence about the gravity or duration of the injury caused by his fist blow against the victim or a conspiracy with his brothers. The court modified the appealed decision, finding Dominador guilty of slight physical injuries only and sentencing him to 30 days imprisonment with accessory penalties, ordering his immediate release if detained longer unless for another offense.

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    18 views1 page

    Absent Any Evidence Proving The Gravity or Duration of The Physical Injury Inflicted by Dominador

    Uploaded by

    jude plata
    Dominador Laurio was found guilty of slight physical injuries rather than serious injury or murder due to a lack of evidence about the gravity or duration of the injury caused by his fist blow against the victim or a conspiracy with his brothers. The court modified the appealed decision, finding Dominador guilty of slight physical injuries only and sentencing him to 30 days imprisonment with accessory penalties, ordering his immediate release if detained longer unless for another offense.

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    © All Rights Reserved
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    Absent any evidence proving the gravity or duration of the physical injury inflicted by Dominador's fist

    blow upon the victim, or proof of a conspiracy of the Laurio brothers to seriously injure or kill the
    victim, Dominador is presumed, and should be held, liable for slight physical injuries only People vs.
    Bautista, 30 SCRA 558; Art. 266, Revised Penal Code. Vol. II, 1987 Ed. by Aquino, pp. 603-605).

    WHEREFORE, the appealed decision is hereby modified, by finding appellant Dominador Laurio
    guilty of slight physical injuries only and sentencing him to suffer the penalty of imprisonment for
    thirty (30) days of arresto mayor, with the accessory penalties provided by law and to pay the costs.
    If he has been detained for longer than that period, his immediate release from custody is hereby
    ordered, unless he is being held to answer for some other offense or offenses.

    SO ORDERED.

    Narvasa (Chairman), Cruz, Gancayco and Medialdea, JJ., concur.

    The Lawphil Project - Arellano Law Foundation

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