Case Digest (G.R. No. 97961)
Facts:
People of the Philippines v. Jimmy Talisic y Villamor, G.R. No. 97961, September 05, 1997, Supreme Court Third Division, Panganiban, J., writing for the Court.The prosecution (plaintiff-appellee, People of the Philippines) charged accused-appellant Jimmy Talisic y Villamor by Information dated May 13, 1988 with having willfully, unlawfully and feloniously attacked, assaulted, stabbed and wounded his wife, Janita Sapio Talisic, resulting in her death, contrary to Article 246 of the Revised Penal Code. The accused was arraigned on October 26, 1988, pleaded not guilty, and trial followed before the Regional Trial Court (RTC) of Iligan City, Branch 5.
At trial the prosecution presented the testimony of the couple’s 16‑year‑old son Danilo, the victim’s sister Victoria Sapyo Tautho, and Dr. Regino Gaite. Danilo testified that at dawn on May 8, 1988 he found his mother stabbed with a bloodied chisel and that his father later displayed the weapon before their altar; Victoria confirmed finding the victim’s body and the blood‑stained chisel at the altar. Dr. Gaite’s necropsy report (Exhibit B) described sixteen stab wounds—some up to four inches deep, including wounds above the heart and to the carotid region—which he opined produced hemorrhage and shock sufficient to cause death.
The defense presented only the testimony of accused-appellant, who admitted killing his wife but offered a different sequence: he claimed that between 3:00 and 4:00 a.m. he fetched water about 200 meters from the house, returned and surprised a man lying on top of his wife; he allegedly drew his bolo, stabbed at the intruder who escaped, chased but failed to catch him, returned, was struck first by his wife with a chisel, parried, grabbed the chisel and in a loss of temper stabbed her to death. His testimony contained inconsistencies about lighting conditions, whether the intruder was recognized, and the position/state of the intruder’s shorts.
The RTC, after hearing witnesses and assessing credibility, found the prosecution’s evidence satisfactory to prove parricide beyond reasonable doubt and convicted the accused, sentencing him to reclusion perpetua and ordering indemnity of P50,000.00. Because of the penalty imposed the accused appealed directly to the Supreme Court.
The Supreme Court reso...(Subscriber-Only)
Issues:
- Whether the totality of the evidence justifies applying the absolutory cause in Article 247 of the Revised Penal Code (i.e., whether accused surprised his legally married spouse in flagrante delicto, killed her in the act or immediately thereafter, and satisfied the ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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