Case Digest GR. No.

4490

US v Divino

FACTS:

This cause was brought against Feliciano Divino for the crime of lesiones graves
and appealed by him to this court from a judgment of the Court of First Instance of
Davao, Moro Province, whereby he was sentenced to the penalty of two years eleven
months and eleven days of presidio correccional, with the accessory penalty of
suspension from all public office, profession, occupation, or right of suffrage, and to pay
the costs of the proceedings. The appeal has been heard; it appears.

Alfonsa was a Bagobo that was brought to the family of Feliciano Divino. She did
not know if her parents were Bagobos, who they were and such. When she reached the
age of reason, she found herself in the house of Feliciano. Feliciano averred in the court
that when Alfonsa arrived at their home, her body was full of scars and ulcers, and that
the ulcer in her body was cured, through his efforts, except those on her feet.

He tried many times to cure her feet but failed because the girl would always
walk barefoot outside and that she would run whenever she was being cured because
of the pain being inflicted in the process. Feliciano took care of her and gave her fool
and clothing. Alfonsa improved at times, but after two or three months the ulcers would
reappear. She had ulcers on both feet and on the face. The ulcers on her feet became
worse until they finally extended to the sole of the foot

One night in the July of 1903, the accused, in his house, tied a girl named
Alfonsa by the hands and legs, laid her on the floor, stuffed a piece of cloth into her
mouth, and fastened her body to the boards of the said floor; he then wrapped her feet
around with pieces of cloth, saturating said cloth with petroleum, and thereafter set the
cloth on fire by means of a match; the cloth burned for about five minutes or more,
seriously burning the girl’s feet, and causing lesiones which rendered Alfonsa disabled.
 According to Feliciano he acted in good faith and sought to provide Alfonsa
treatment/medical assistance for her scars and ulcers. In doing the said remedy, he had
caused serious physical injuries to the woman

ISSUE:

Whether Feliciano could be acquitted because he argued that he acted in good

faith and did not intend to harm the girl, except to help her get cured.

RULING:

No. According to Article 3 of the Revised Penal Code, Felonies are committed
not only by means of deceit but also by means of dolo. In the case of US v Divino,
Feliciano Divino acted in good faith when rendering medical service, but it does not
excuse him from the physical injuries sustained by the girl which resulted from his
simple imprudence. Therefore, he is not acquitted from his criminal liability.