Case Digest (G.R. No. L-2228)
Facts:
The People of the Philippines v. Fructuoso Rabandaban, G.R. No. L-2228, February 28, 1950, the Supreme Court En Banc, Reyes, J., writing for the Court.The respondent was the People of the Philippines as plaintiff and appellee; the appellant was Fructuoso Rabandaban, defendant and appellant, who was tried for parricide in the Court of First Instance of Leyte. The trial court convicted Rabandaban of parricide and imposed penalty accordingly.
On the facts, appellant and his wife, Florida Hapala, were husband and wife living together in a barrio of Abuyog, Leyte. One night appellant returned from his camote plantation and found his wife in bed with another man; the man escaped through a window. Appellant scolded his wife and ordered her to leave the house. The wife insulted him, gathered her clothes, picked up a bolo from the kitchen, and, when appellant followed her, attacked him with the bolo, inflicting two wounds in his abdomen. Appellant wrested the bolo away and stabbed his wife in the breast; she died that night, while appellant—though seriously wounded—survived.
At trial the court denied appellant the benefit of Article 247, Revised Penal Code, but did not find self-defense; it convicted him of parricide. Appellant appealed to the Supreme Court, which reviewed the evidence and the legal theories argued by counsel. The Supreme Court considered whether Article 247 ...(Pro-only)
Issues:
- Does Article 247, Revised Penal Code (privilege for killing upon discovering the spouse in flagrante delicto) mitigate or excuse Rabandaban's act?
- Was appellant exempt from criminal liability under the doctrine o...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)