Case Digest (G.R. No. 33877)
Facts:
The case revolves around the defendant, Juan N. Gimena, who was charged with the crime of parricide in the municipality of Ronda, Province of Cebu. On the morning of April 9, 1930, Gimena assisted his father-in-law, Gregorio Diana, in cleaning bamboo. After completing their task, Gimena returned home and found his wife, Crispina Diana, and their two-week-old child sleeping on the floor. Shortly thereafter, Gregorio Diana heard his daughter cry for help and rushed to the scene, where he discovered Gimena attacking Crispina with a bolo. With the help of Teodulo Gimena, Juan's brother, Gregorio managed to disarm Juan and tied him to a post in their house. The incident was promptly reported to the authorities, including the justice of the peace and local police officers. When questioned, Juan claimed he attacked his wife because she had given P2.70 to Apolinar Sereno, a man he suspected of having an illicit relationship with her. Tragically, Crispina succumbed to her injuries a
Case Digest (G.R. No. 33877)
Facts:
1. Incident Details: On the morning of April 9, 1930, in Ronda, Cebu, the defendant, Juan N. Gimena, helped his father-in-law, Gregorio Diana, clean bamboo. After completing the task, Gimena returned home, where he found his wife, Crispina Diana, and their two-week-old child sleeping on the floor.2. Attack on the Victim:
Shortly after arriving home, Gregorio Diana heard his daughter, Crispina, cry for help. He rushed to Gimena’s house, which was nearby, and found Gimena attacking Crispina with a bolo. With the assistance of Teodulo Gimena, the defendant’s brother, Gregorio disarmed Gimena and tied him to a post.
3. Reporting the Incident:
The authorities, including the justice of the peace, the chief of police, a sanitary inspector, and a policeman, arrived at the scene. When questioned, Gimena admitted that he attacked his wife because she had given P2.70 to Apolinar Sereno, whom Gimena suspected of having an illicit relationship with Crispina.
4. Death of the Victim:
Crispina Diana died a few hours later. A medical examination revealed ten wounds on her body.
5. Trial and Sentencing:
The trial court found Gimena guilty of parricide. The court considered the mitigating circumstances of obfuscation and lack of instruction, sentencing him to fourteen years, eight months, and one day of cadena temporal, along with the accessory penalties prescribed by law.
6. Appeal:
Gimena appealed the judgment, arguing that he was in a state of somnambulism (sleepwalking) when he attacked his wife.
Issues:
- Whether the defense of somnambulism can absolve the defendant of criminal liability for parricide.
- Whether the trial court erred in finding the defendant guilty of parricide despite the mitigating circumstances considered.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)