Case Digest (G.R. No. 130634-35)
Facts:
People of the Philippines v. Manolito Oyanib y Mendoza, G.R. Nos. 130634-35, March 12, 2001, Supreme Court First Division, Pardo, J., writing for the Court.The prosecution (the People of the Philippines) charged Manolito Oyanib y Mendoza with two separate crimes by informations filed on September 11, 1995: Criminal Case No. II-6012 for murder (the death of Jesus Esquierdo) and Criminal Case No. II-6018 for parricide (the death of his wife, Tita T. Oyanib). The prosecutor recommended no bail. Manolito voluntarily surrendered on September 11, 1995, was detained, arraigned on January 17, 1996, pleaded not guilty to both charges, and the trial court conducted a joint trial because the two cases arose from the same set of facts.
The factual narrative developed at trial was that Manolito and Tita had separated in 1994; Tita rented a room at the Lladas residence. On the evening of September 4, 1995, neighbors heard a commotion upstairs; Edgardo Lladas found Tita bloody on the floor and saw Manolito stabbing Jesus, who was then lying on the floor. Police investigator SPO3 Eduard Tubil recovered a knife at the scene; both victims were medically examined and found to have multiple stab wounds, the wounds to each being fatal. Manolito admitted to carrying a hunting knife, claiming self-defense and alleging prior threats from the pair. He left the scene, disposed of the knife, but later surrendered after a public call.
On May 26, 1997, the Regional Trial Court, Branch 02, Iligan City (Presiding Judge Maximo B. Ratunil) promulgated a joint decision finding Manolito guilty beyond reasonable doubt: in Criminal Case No. II-6012 (Jesus) the court convicted him of homicide and imposed an indeterminate penalty (the court mistakenly framed indefinite minimum and maximum terms); in Criminal Case No. II-6018 (Tita) it convicted him of parricide and sentenced him to reclusion perpetua. The trial court applied two mitigating circumstances—passion/obfuscation and voluntary surrender—and ordered civil indemnities of P50,000 each. Manolito appealed the joint decision to the Supreme Court on June 17, 1997.
On appeal Manolito conceded he killed both victims but invoked Article 247 of the Revised Penal Code (the "surprise in flagrante delicto" provision) a...(Subscriber-Only)
Issues:
- Was accused Manolito Oyanib y Mendoza entitled to the exempting (absolutory) privilege under Article 247 of the Revised Penal Code for having surprised his wife in the act of sexual intercourse and killing her and her paramour in the act or immediately thereafter?
- If Article 247 applies, what is the proper d...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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