G.R. No. 50884 - People vs. Salufrania

On May 7, 1976, Filomeno Salufrania y Aleman was charged in the CFI of Camarines Norte, Branch I, with the complex crime of parricide with intentional abortion under Arts. 246 and 256, RPC, for allegedly assaulting and strangling his eight-month pregnant wife, Marciana Abuyo-Salufrania, causing her instantaneous death and that of her unborn child.
Upon arraignment, the accused pleaded not guilty. After trial, the lower court issued its decision on August 9, 1978, finding him guilty beyond reasonable doubt and sentencing him to death, ordering indemnity of ₱12,000 to the heirs of the deceased wife and child.

Conducted post-mortem examination on the exhumed body on December 11, 1974; documented multiple abrasions, contusions, swelling of the right eyelid, protruding tongue indicating strangulation, and confirmed seven-to-eight months pregnancy.
Issued certification (Exh. “A”) and amended death certificate (Exh. “B”) to reflect cardiac arrest after autopsy.

Testified under competency examination that he saw his father quarrel with and box his pregnant mother on the abdomen, then strangle her to death around 6:00 PM of December 3, 1974; detailed blood oozing and immediate demise.
Described post-killing events: father fetched a hammock, transported the corpse to Tigbinan then to Talisay for burial; nephews refused to live with the father due to threats.

Established marriage (Exh. “C”) and pregnancy of Marciana; first informed of her death as stomach ailment on December 4.
Learned true cause from nephews on December 10, reported to police and provincial fiscal.

Testified that he saw the accused boiling herbal medicines for his wife’s stomach ailment around 6:00 AM of December 4, 1974, and applying native treatments; no knowledge of assault or strangulation.

Arrived about 7:00 AM December 4; found Marciana already dead and assisted in transferring the body.

Called around 6:00 AM December 4; saw Marciana in a coma on her husband’s lap and complaining of stomach pain.

Admitted marriage and that Marciana returned home December 3, complained of stomach pain, and died under native treatment.
Denied any quarrel or violence; recounted post-mortem handling of the body and children’s refusal to live with him; asserted mutual love.

Case submitted July 18, 1978.
Lower court convicted the accused of complex crime as charged, imposed death penalty, indemnity, and recommended counsel’s fee.

Whether the trial court erred in admitting and relying on the testimony of the 13-year-old eyewitness, Pedro Salufrania, as he was presumptively incompetent.
Whether the evidence is inconsistent or insufficient to prove the complex crime of parricide with intentional abortion beyond reasonable doubt.
Whether the trial court improperly discredited defense witnesses and erred in credibility assessment.
Whether the prosecution established intent to cause an abortion, thereby sustaining the complex crime of parricide with intentional abortion.