- Petitioner
- Quirico Mari
- Respondent
- Court of Appeals
- Citation
- G.R. No. 127694
- Court
- Supreme Court
- Decided
- May 31, 2000
Criminal liability for serious slander by deed and proper application of the Indeterminate Sentence Law
Summary
This Supreme Court case involved criminal liability for serious slander by deed arising from a workplace incident at the Department of Agriculture. Petitioner Quirico Mari was convicted for shouting invectives and choking co-employee Norma Capintoy after being asked to explain missing documents from borrowed personnel files. The Supreme Court affirmed the conviction but corrected errors in the application of the Indeterminate Sentence Law made by all lower courts. The Court found that the alleged aggravating circumstance that the victim was a woman was not properly proved, as there was no evidence of deliberate intent to offend her womanhood. Considering the offense was committed in the heat of anger as reaction to perceived provocation, the Court imposed a fine of P1,000 instead of imprisonment, exercising the alternative penalty provision under Article 359 of the Revised Penal Code.
Focus of dispute
Criminal liability for serious slander by deed and proper application of the Indeterminate Sentence Law
Legal facts
On December 6, 1991, petitioner Quirico Mari borrowed complainant Norma Capintoy's 201 file records from the Department of Agriculture office in Digos, Davao del Sur. When returned three days later, several documents were missing. Complainant sent a memorandum asking for explanation. Instead of acknowledging receipt, petitioner confronted complainant and angrily shouted 'Putang ina, bullshit, bugo,' banged a chair, and choked her. Security guard intervened. Complainant filed criminal complaint for slander by deed on January 7, 1992, amended on May 20, 1992 to include aggravation that offended party was a woman.
Judgement and reasoning
Court of Appeals: Affirmed conviction for serious slander by deed but modified penalty to indeterminate sentence of one (1) month and one (1) day of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum.
Municipal Trial Court, Digos, Davao del Sur: Found accused guilty beyond reasonable doubt of serious slander by deed. Sentenced to indeterminate sentence of five (5) months and eleven (11) days to two (2) years, eleven (11) months and eleven (11) days, plus P5,000 moral damages, P5,000 attorney's fees, and costs. Credited one ordinary aggravating circumstance.
Regional Trial Court Davao del Sur, Digos, Branch 19: Adopted trial court's findings of fact and affirmed the appealed decision in toto without making independent findings.
Supreme Court: Set aside Court of Appeals decision. Found all lower courts erred in applying Indeterminate Sentence Law. Noted that alleged aggravating circumstance (victim being a woman) was not proved as there was no evidence of deliberate intent to offend or insult the sex of victim. Imposed fine of P1,000 instead of imprisonment, considering offense was done in heat of anger and reaction to perceived provocation.