Case Digest (G.R. No. 95357)
Facts:
People of the Philippines v. Eduardo Gelaver, G.R. No. 95357, June 09, 1993, Supreme Court First Division, Quiason, J., writing for the Court. The case is an appeal from the Regional Trial Court (Branch 26, Surallah, South Cotabato) conviction of Eduardo Gelaver for parricide under Article 246 of the Revised Penal Code.
The Information (Crim. Case No. 643) charged Gelaver with stabbing his lawfully wedded wife, Victoria Gelaver y Pacinabao, on March 24, 1988 at about 7:00 a.m., resulting in her instantaneous death. At arraignment the accused pleaded not guilty; trial on the merits followed. The prosecution presented eyewitness testimony from Randy Mamon who said he heard shouting, saw the appellant and a woman arguing, and then saw the appellant seize the victim by the neck, drag her, and stab her three times in the breast with a knife before fleeing toward the public market.
At trial the accused admitted killing his wife but asserted a defense of having surprised her in the act of sexual intercourse with a paramour. He testified that his wife had abandoned the conjugal home on July 3, 1987 to live with the paramour, and that on March 24, 1988 he went to the house where he allegedly found them, was attacked by the paramour with a knife, wrested the knife away, and that the victim was stabbed as she shielded the paramour. He also claimed his mind was "dimmed" by passion upon seeing his wife in the act.
The trial court found Gelaver guilty beyond reasonable doubt of parricide and sentenced him to reclusion perpetua and indemnity of P30,000.00, but also recognized the mitigating circumstance of voluntary surrender and the mitigating circumstance of passion or obfuscation arising from the wife's abandonment. Gela...(Pro-only)
Issues:
- Did the killing fall within Article 247 (killing under exceptional circumstances) so as to mitigate appellant's liability?
- Were the mitigating circumstances of passion or obfuscation and voluntary surrender properly found and applied by the trial court?
- Was the award of indemnity proper...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)