Case Digest (G.R. No. 37374)
Facts:
The People of the Philippine Islands v. Feliciano Embalido, G.R. No. 37374, March 18, 1933, the Supreme Court, Abad Santos, J., writing for the Court; Avancena, C.J., Street, Ostrand, and Butte, JJ., concur.The respondent Feliciano Embalido was charged with murder for the killing of Felix Cabiguin. Embalido admitted that he killed Cabiguin but defended on the ground that he had surprised his wife and Cabiguin "engaged in criminal conversation," invoking the exceptional provision of the Penal Code (Article 247) that prescribes a special penalty where a legally married person, having surprised a spouse in the act of sexual intercourse with another, kills either or both in the act or immediately thereafter.
The trial court found Embalido guilty of murder and, taking into account mitigating circumstances of illiteracy and voluntary surrender, sentenced him to seventeen years, four months, and one day of cadena temporal, directed him to indemnify the heirs of the deceased P500, and ordered him to pay costs. From that judgment Embalido appealed to the Supreme Court.
On review the Supreme Court examined the evidence and the legal characterization of the offense. The Court concluded that the evidence did not establish the factual predicate required by Article 247 of the Revised Penal Code (i.e., that the defendant had surprised his spouse and the deceased in the act), nor did it establish circumstances elevating the killing to murder. The Court therefore reduced the conviction to homicide, applied the mitigating circumstances already recognized, imposed the appropriate sentence for homicide, and affirmed the lowe...(Pro-only)
Issues:
- Did the killing fall within the special provision of Article 247 of the Revised Penal Code (i.e., was the defendant shown to have surprised his spouse and the deceased in the act so as to warrant the special penalty of destierro)?
- If Article 247 does not apply, did the evidence establish murder or only homicide, and what sentence should be imposed given...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)