Case Summary (G.R. No. 95357)
Nature of the Charges
Eduardo Gelaver was charged under Article 246 of the Revised Penal Code for the crime of parricide, which constitutes the unlawful killing of a spouse. The Information asserted that Gelaver attacked Victoria with the intent to kill, resulting in her immediate death from multiple stab wounds.
Eyewitness Testimony
Randy Mamon, an eyewitness, testified that he witnessed a violent altercation between Gelaver and Victoria, where Gelaver grabbed her by the neck and stabbed her three times in the breast with a knife. Mamon's account provided critical evidence of Gelaver's actions and intent at the time of the incident.
The Accused’s Defense
Gelaver admitted to the killing but claimed it was prompted by discovering his wife in a sexual act with her paramour. He characterized the act as one driven by overwhelming passion and described his mental state at the time as dimmed, suggesting that he was not in full control of his faculties.
The Legal Framework
For Gelaver to invoke the provision under Article 247 of the Revised Penal Code, several critical elements must be established. These include the requirement that he must have surprised his spouse in the act of infidelity and not have facilitated her adulterous behavior. The court examined these requirements in detail.
Assessment of Credibility
The court found inconsistencies in Gelaver's testimony which undermined his credibility. Notably, his failure to report the incident immediately to authorities was seen as a lack of a credible defense. His contradictory statements raised doubts as to his version of events, particularly the timing and circumstances surrounding the killing.
Mitigating Circumstances
While the trial court recognized the mitigating circumstance of voluntary surrender, it incorrectly applied the mitigating effect of passion or obfuscation. The court noted that the emotional distress caused by his wife's abandonment for almo
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Case Overview
- The case arises from an appeal made by Eduardo Gelaver, who was found guilty of parricide by the Regional Trial Court (RTC) in Surallah, South Cotabato.
- The RTC sentenced Gelaver to suffer reclusion perpetua and ordered him to indemnify the heirs of his wife, Victoria Pacinabao, in the amount of P30,000.00.
- The decision was rendered on June 9, 1993, by the First Division of the Supreme Court of the Philippines.
Charges Against the Accused
- Eduardo Gelaver was charged with parricide under Article 246 of the Revised Penal Code.
- The Information in Criminal Case No. 643 outlined that on March 24, 1988, Gelaver attacked and stabbed his wife, resulting in her instant death.
- The incident occurred in Barangay Poblacion, Sto. Nino, South Cotabato.
Incident Details
- The prosecution's witness, Randy Mamon, testified to witnessing a heated argument between Gelaver and his wife on the morning of the incident.
- Mamon observed Gelaver dragging his wife and stabbing her three times in the breast with a knife before fleeing the scene.
Accused's Testimony
- Gelaver admitted to killing his wife but claimed it was in the heat of passion after catching her in the act of adultery with her paramour.
- He stated that they had four children and had lived together until his wife abandoned the family in July 1987.
- Gelaver clai