Case Digest (G.R. No. 97961)
Facts:
In People of the Philippines vs. Jimmy Talisic y Villamor, G.R. No. 97961, decided on September 5, 1997, the accused-appellant, Jimmy Talisic y Villamor, admitted to killing his wife, Janita Sapio Talisic, on May 8, 1988, in their home at Iligan City, Lanao del Norte. He testified that between 3:00 and 4:00 A.M. he went to fetch water from a well about 200 meters away and, upon returning, found his wife apparently engaged in sexual intercourse with an unidentified man. Jimmy claimed he drew his bolo and stabbed at the intruder, who fled after hastily pulling up yellow short pants. He then alleged that his wife attacked him with a chisel, which he parried, and in anger he seized the same chisel and inflicted multiple stab wounds on her. His son, Danilo Talisic, and sister-in-law, Victoria Sapio Tautho, discovered the victim’s lifeless body and the bloodied chisel; Dr. Regino Gaite’s necropsy report confirmed sixteen stab wounds sufficient to cause death. The Regional Trial Court ...Case Digest (G.R. No. 97961)
Facts:
- Statement of the Case
- On May 13, 1988, Second Assistant City Fiscal Norma B. Siao filed an Information in RTC Iligan City, Branch 5, charging Jimmy Talisic y Villamor with parricide under Article 246 of the Revised Penal Code for stabbing his wife, Janita Sapio Talisic, on or about May 8, 1988.
- At arraignment on October 26, 1988, the accused pleaded not guilty.
- After trial, the RTC rendered judgment finding the accused guilty of parricide, sentencing him to reclusion perpetua and ordering indemnity of ₱50,000 to the heirs of the victim.
- Prosecution’s Version
- Testimony of Danilo Talisic (son): At dawn of May 8, 1988, he found his mother stabbed to death with a bloodied chisel, displayed by his father at their home altar. He fetched his sister and informed their aunt and grandfather.
- Testimony of Victoria Sapyo Tautho (aunt): Arrived around 6:00 AM; saw the victim’s lifeless body on the living room floor and the bloodstained chisel at the altar.
- Testimony of Dr. Regino Gaite (forensic pathologist): Necropsy revealed sixteen stab wounds—some four inches deep, including fatal wounds to the heart and carotid region—causing hemorrhage and shock.
- Defense’s Version
- Accused’s testimony: Between 3:00 and 4:00 AM he fetched water from a well 200 m away; upon return, he allegedly surprised a man lying on his wife, drew his bolo, missed, and chased the man who escaped.
- He claimed his wife then attacked him with a chisel; he parried, grabbed the chisel, lost his temper, and stabbed her to death.
- His account was rife with inconsistencies—unable to identify the intruder, conflicting descriptions of the intruder’s clothing and its position, and implausible timing for putting on pants while being attacked.
Issues:
- Whether the accused-appellant established the exceptional circumstance under Article 247 of the Revised Penal Code—surprising a spouse in the act of sexual intercourse with another and killing in the act or immediately thereafter—thus qualifying for the penalty of destierro instead of parricide.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)