Case Digest (G.R. No. 133250)
Facts:
In People of the Philippines vs. Jaime Tomotorgo y Alarcon, G.R. No. L-47941, decided April 30, 1985 under the 1973 Constitution, the appellant was convicted by the Court of First Instance of Camarines Sur on December 22, 1977 for parricide in Criminal Case No. 403. The victim, Magdalena de los Santos, was his lawful wife and mother of their three-month-old child. Months before the fatal incident, Magdalena persistently urged her husband to sell their conjugal home in Sitio Dinalungan, Barangay Cabugao, Siruma, Camarines Sur, and reside with her parents in Tinambac. Appellant refused, valuing his farm improvements. On June 23, 1977, around 9 a.m., he discovered his wife carrying their infant away from home. When she refused to return and threw the child to the ground, appellant, in a sudden and uncontrollable fit of passion, struck Magdalena repeatedly with a piece of wood, inflicting chest injuries. He carried her home but she died despite his efforts. He voluntarily surrendereCase Digest (G.R. No. 133250)
Facts:
- Marital and property background
- Victim: Magdalena de los Santos, wife of accused Jaime Tomotorgo y Alarcon.
- Dispute: Wife repeatedly asked to sell their conjugal home in Siruma, Camarines Sur, and move to in‐laws’ house in Tinambac. Accused refused due to his farming interests and improvements on the land.
- Fatal incident of June 23, 1977
- At about 9:00 AM, accused found his wife carrying their three-month-old baby on a trail. He begged her to return; she refused and threw the infant on the ground.
- Incensed, accused picked up a piece of wood and struck his wife repeatedly on the chest. She fell and later died despite his efforts to aid her. He then returned home with the child and surrendered to police, bringing the weapon.
- Trial court proceedings
- Arraignment (Nov. 24, 1977): Accused pleaded not guilty; on Dec. 13, 1977, he withdrew that plea and pleaded guilty with counsel’s assistance.
- Mitigating circumstances found: voluntary surrender, plea of guilty, and action upon a powerful impulse producing passion and obfuscation.
- Sentence: Reclusion perpetua and indemnity of ₱12,000; recommendation of executive clemency after minimum medium prision mayor.
Issues:
- Whether the trial court erred in imposing the penalty for parricide despite accused’s asserted intent to inflict only physical injuries.
- Applicability of Article 49, RPC (penalty for felony committed different from that intended).
- Correct penalty degree and whether benefits under the Indeterminate Sentence Law apply.
- Whether accused is entitled to the benefits and conditions of the Indeterminate Sentence Law given the divisible nature of the supposed penalty.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)