Case Digest (G.R. No. 37379)
Facts:
In G.R. No. 37379, decided March 18, 1933, THE PEOPLE OF THE PHILIPPINE ISLANDS prosecuted FELICIANO EMBALIDO for parricide after he killed his wife; the accused admitted the killing but claimed he surprised her committing adultery. The trial court convicted him under article 246, Revised Penal Code, sentenced him to cadena perpetua with accessory penalties, and ordered him to pay costs.
On appeal the accused argued that his act fell within article 247, Revised Penal Code, which prescribes destierro when a spouse surprises the other in the act of sexual intercourse with another.
Issues:
- Does the killing fall within article 247, Revised Penal Code, because the appellant surprised his wife committing adultery?
- Did the prosecution prove the elements of parricide under article 246, Revised Penal Code beyond reasonable doubt?
- Do mitigating circumstances justify reduction of the penalty imposed?
Ruling:
The Court affirmed the conviction for parricide under article 246 because the evidence did not establish that the appellant surprised his wife in the act of adultery, so article 247 did not apply. The Court modified the penalty to twelve years and one day of reclusion temporal under Rule 5, article 64 in connection with Rule 2, article 61, Revised Penal Code, crediting illiteracy and voluntary surrender as mitigating circumstances, and taxed costs against the appellant.
Ratio:
The Court explained that conviction for parricide requires proof beyond reasonable doubt of death, that the accused caused the death, and that the deceased was a legitimate ascendant, descendant, or legitimate spouse; once proved, conviction is warranted. The alleged defense of surprising the spouse in adultery is a matter of justification that the accused must establish by a preponderance of evidence, which the record did not show here, while the mitigating circumstances proven warranted reduction of the penalty under the cited rules.
Doctrine:
- Proof of parricide requires death, causation by the accused, and that the victim be a legitimate ascendant, descendant, or legitimate spouse under article 246, Revised Penal Code.
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