Case Digest (G.R. No. 213748)
Facts:
In G.R. No. 37379 decided on March 18, 1933, The People of the Philippine Islands charged Feliciano Embalido with the crime of parricide under Article 246 of the Revised Penal Code (Act No. 3815). Embalido admitted having killed his wife but contended that he acted in the heat of passion after allegedly surprising her in the act of committing adultery. The lower court found these allegations unsubstantiated and convicted him of parricide, imposing the penalty of cadena perpetua with accessory penalties and costs. On appeal, Embalido argued that his case fell under the mitigating provision of Article 247, which prescribes destierro for a spouse who kills upon catching the other in the act of sexual intercourse or immediately thereafter.Issues:
The issues for resolution are: (1) Whether the appellant’s act qualifies for the mitigating circumstance under Article 247 of the Revised Penal Code, thus entitling him to the penalty of destierro; and (2) Whether the evidence present...Case Digest (G.R. No. 213748)
Facts:
- Parties and Procedural Posture
- Plaintiff-Appellee: The People of the Philippine Islands.
- Defendant-Appellant: Feliciano Embalido, charged with parricide under Article 246 of the Revised Penal Code.
- Circumstances of the Killing
- The appellant admits that he killed his wife.
- He claims, as defense, that he surprised his wife in the act of committing adultery.
- Lower Court Proceedings and Disposition
- Trial court findings:
- The appellant is guilty of parricide as defined and penalized by Article 246, RPC.
- The defense of adultery surprise under Article 247, RPC, was rejected.
- Sentence imposed:
- Cadena perpetua.
- Accessory penalties provided by law.
- Payment of costs.
Issues:
- Primary Issue
- Whether the appellant’s alleged surprise of his wife in the act of adultery brings the case within Article 247 (destierro) instead of Article 246 (parricide).
- Subsidiary Issue
- Whether the evidence sustains the appellant’s claim of having caught his wife in the act of sexual intercourse with another person.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)