Case Digest (G.R. No. 127818)
Facts:
The case involves accused-appellant Guillermo Nepomuceno, Jr., who was charged with the crime of parricide for the death of his wife, Grace Nepomuceno. The incident occurred on May 2, 1994, in Manila, where Guillermo shot Grace with a firearm, causing a fatal gunshot wound. The Regional Trial Court (RTC) of Manila, Branch 46, convicted Guillermo of parricide under Article 246 of the Revised Penal Code as amended by Republic Act No. 7659. He was sentenced to reclusion perpetua and ordered to pay damages to the heirs of the deceased. The court further declared Guillermo ineligible to inherit from his wife, with the estate passing entirely to their son, Giordan Benitez Nepomuceno.
The incident happened around 11:00 p.m., when accused-appellant arrived home intoxicated and engaged in an argument with Grace. Eden Ontog, the housemaid, testified that Guillermo took a gun from a drawer and a few moments later, a gunshot was heard. Grace was hit on the left hip by the bullet, which pas
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Case Digest (G.R. No. 127818)
Facts:
- Parties and Case Background
- Accused-appellant Guillermo Nepomuceno, Jr. was charged with parricide for the death of his wife, Grace Nepomuceno, under Article 246 of the Revised Penal Code as amended by Republic Act No. 7659.
- The incident occurred on or about May 2, 1994, in Manila, where accused allegedly shot his wife in the left hip, causing a fatal wound.
- Trial Court Proceedings and Judgment
- Accused-appellant pleaded not guilty and trial commenced.
- The trial court found the accused guilty beyond reasonable doubt and sentenced him to 40 years to reclusion perpetua and ordered payment of damages to heirs.
- The court declared the accused ineligible to inherit from his wife, with the estate going to their son.
- Evidence Presented by the Prosecution
- Seven witnesses testified, including the housemaid Eden Ontog, forensic chemist Mary Ann Aranas, medico-legal examiner Dr. Floresto Arizala, ballistic expert Isabelo Silvestre, Jr., and others.
- Eden Ontog testified that she overheard the couple arguing; accused fetched a gun and after a gunshot, Grace was shot. She then helped bring Grace to a hospital.
- Mary Ann Aranas’ paraffin test showed that accused’s right hand tested positive for nitrates (indicative of firing a gun), while the victim’s hands tested negative.
- Dr. Arizala’s post-mortem established that the bullet trajectory was upward, from left to right, striking vital organs including the left internal iliac artery and intestines, which was fatal. He ruled out close-range firing or grappling for the gun.
- Monserrat de Leon, victim’s sister, testified about family problems: accused’s joblessness, forced sex when drunk, and a prior incident where accused carried a gun during the victim’s miscarriage confinement.
- Defense Evidence
- Accused testified, asserting no intent to kill but that the shooting was accidental during a quarrel over post-dated checks and financial difficulties.
- He claimed the shooting occurred in a struggle to wrest the gun from Grace, who allegedly threatened suicide. He maintained the gun discharged accidentally when he blocked their son and attempted to dispossess his wife of the gun.
- Accused’s Assigned Errors on Appeal
- The killing was accidental with the deceased exempt from criminal liability.
- If liable, the killing was due to simple negligence.
- The prosecution failed to prove guilt beyond reasonable doubt.
Issues:
- Whether the killing was accidental and whether accused-appellant is exempt from criminal liability under Paragraph 4, Article 12 of the Revised Penal Code.
- Whether the killing, assuming it was not accidental, constitutes simple negligence rather than intentional parricide.
- Whether the prosecution sufficiently proved accused-appellant’s guilt beyond reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)