Case Summary (G.R. No. 172035)
Petitioner
The People of the Philippines
Respondent
Abelardo Formigones
Key Dates
- October–December 1946: Residence at Zacarias’s house; December 28, 1946: Killing occurred
- November 29, 1950: Decision rendered
Applicable Law and Constitution
- Constitution: 1935 Philippine Constitution (decision pre-1990)
- Penal Statutes: Articles 246 (parricide), 12 (insanity/imbecility), 13 (mitigating circumstances), 63 and 64 (application of penalties) of the Revised Penal Code
Facts of the Crime
Late afternoon, December 28, 1946, Julia Agricola sat on the stair head of the house she shared with her husband in Sipocot. Without warning or provocation, Abelardo took a bolo and stabbed her in the back. The blade penetrated her right lung, causing fatal hemorrhage. Julia fell down the stairs; Abelardo carried her back upstairs, laid her on the living-room floor, and remained beside her. He made no attempt to flee.
Investigation and Pleas
Constabulary investigators secured a signed confession (Exhibit D) in which Abelardo admitted the killing, attributing his act to jealousy over suspected illicit relations between his wife and Zacarias. In the preliminary inquiry, he pleaded guilty; at trial he pleaded not guilty but offered no testimony.
Insanity Defense and Evidence
Defense introduced two jail guards’ testimony describing Abelardo’s eccentric or bizarre conduct in confinement (undressing, singing, escape attempt) and a medical opinion by Dr. Francisco Gomez diagnosing him as feeble-minded, not imbecile.
Legal Standard on Imbecility (Article 12)
Exemption for imbecility requires total impairment of reason or free will at the crime’s commission. Mere feeble-mindedness or eccentricity does not absolve criminal liability. Precedents from Spain and Philippine jurisprudence demand clear proof of complete mental incapacity at the moment of the act.
Court’s Analysis of Mental Capacity
The trial court found—and this Court agreed—that Abelardo was not deprived entirely of discernment. His long history of farm work, dutiful family support, raising and schooling five children, and the ability to harbor jealousy and vindicate his honor by killing his wife demonstrated sufficient capacity to distinguish right from wrong.
Aggravating and Mitigating Circumstances
- Aggravating: None proved (treachery not alleged nor established).
- Mitigating:
• Paragraph 6, Article 13: Act committed under an impulse so powerful as to naturally produce passion or obfuscation (jealous fit).
• Paragraphs 8/9, Article 13: Feeble-mindedness as a physical/mental defect limiting willpower and action.
Application of Penalty Provisions
Parricide carries the penalty of recl
Case Syllabus (G.R. No. 172035)
Facts
- In November 1946, Abelardo Formigones lived on his farm in Bahao, Libmanan, Sipocot, Camarines Sur, with his wife Julia Agricola and five children.
- They moved to his half-brother Zacarias Formigones’s house in Barrio Binahian to work as palay harvesters.
- On December 28, 1946, late afternoon, Julia sat at the top of the stairs when Abelardo, without provocation, took a bolo from the wall and stabbed her in the back.
- The blade penetrated her right lung, causing severe hemorrhage; Julia fell down the stairs and died shortly thereafter.
- Abelardo carried her body back upstairs, laid it in the living room, and lay beside her.
- Their eldest daughter, Irene Pormigones, witnessed the stabbing and summoned help.
Procedural History
- The Constabulary investigated; Abelardo signed a written confession (Exhibit D) admitting he killed his wife out of jealousy.
- During the preliminary investigation before the Justice of the Peace, he pleaded guilty (Exhibit S).
- At trial in the Court of First Instance of Camarines Sur, he pleaded not guilty and did not testify; defense presented jail-guard testimony describing his erratic behavior.
- The trial court found him guilty of parricide, sentenced him to reclusion perpetua, ordered indemnity of ₱2,000 to the heirs, and assessed costs.
- Abelardo appealed solely on the ground that he was an imbecile exempt from criminal liability under Article 12, Revised Penal Code.
Issue
- Whether Abelardo Formigones was criminally liable for parricide or exempt under Article 12 (insanity/imbecility) of the Revised Penal Code.
- Whether any aggravating