Case Digest (G.R. No. 186128)
Facts:
People of the Philippines v. Susan Latosa y Chico, G.R. No. 186128, June 23, 2010, Supreme Court Third Division, Villarama, Jr., J., writing for the Court. The plaintiff-appellee was the People of the Philippines; the accused-appellant was Susan Latosa y Chico.On February 5, 2002, at about 2:00 p.m., Susan Latosa and her husband, Major Felixberto Latosa, Sr., were at home in Fort Bonifacio with two of their children, Sassymae and Michael. The prosecution’s theory was that Susan took Felixberto’s service pistol from a cabinet, sent the children out on errands, returned, and shortly thereafter was seen running away from the house; Michael later found his father with a gunshot wound to the head and a handgun near his left hand. Medical and forensic evidence showed an entry wound in the left temporal region and a firearms identification report concluded two shots were fired; a paraffin (gunpowder) test on appellant’s right hand was positive.
Appellant admitted that she fired the gun but asserted it was an accidental discharge while handing the pistol to her husband; she testified she had gone out to follow the children, came back when she had no keys, and that as she handed the pistol to her husband it suddenly fired. She denied an affair with Col. Efren Sta. Inez and explained her termination from the Philippine Public Safety College as due to absences after a family bereavement. Her children testified that she asked them to leave the house just before the shooting and that they heard remarks suggesting the gun had been handed to the victim and then fired.
The Regional Trial Court (RTC), Pasig City, Branch 159, found appellant guilty beyond reasonable doubt of parricide and sentenced her to reclusion perpetua with awards of civil, moral, and exemplary damages (dispositive dated April 12, 2006). The Court of Appeals (CA), in CA-G.R. CR-H.C. No. 02192, affirmed the RTC’s conviction (Decision dated April 23, 2008), holding app...(Pro-only)
Issues:
- Did appellant prove the exempting circumstance of accident under Article 12(4) of the Revised Penal Code so as to absolve her of criminal liability for the killing of Felixberto Lat...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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