Case Digest (G.R. No. 37379)
Facts:
People of the Philippine Islands v. Feliciano Embalido, G.R. No. 37379, March 18, 1933, the Supreme Court, Abad Santos, J., writing for the Court. The appellant, Feliciano Embalido, was criminally charged with parricide; the prosecution alleged that he killed his wife. The respondent is The People of the Philippine Islands (plaintiff and appellee).At the trial level the lower court found Embalido guilty of parricide as defined and penalized by Article 246 of the Revised Penal Code and sentenced him to suffer cadena perpetua, with accessory penalties and costs. Embalido conceded killing his wife but asserted that he had surprised her in the act of committing adultery and therefore claimed the special provision of Article 247 of the Revised Penal Code (penalty of destierro when a spouse surprises the other in the act of sexual intercourse with another and kills one or both) should apply.
On appeal to the Supreme Court, the Court reviewed the evidence and the applicable penal provisions. The Court examined whether the facts proved met the elements required for parricide and whether the circumstances invoked by the appellant brought the case within Article 247. The Supreme Court concluded that the evidence did not sufficiently show that the appellant surprised his wife in the act of committing adultery. The Court therefore affirmed the conviction for parricide but, taking into account mitigating circumstances (illiteracy and voluntary surrender), modified the penalty from cadena perpetua to twelve years and one day of reclus...(Pro-only)
Issues:
- Did the killing fall within the exception of Article 247 of the Revised Penal Code (i.e., did the appellant surprise his spouse in the act of committing sexual intercourse with another)?
- Was conviction for parricide under Article 246 proper and may the sentence be mitigated in view ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)