G.R. No. 179035 - People vs. Paycana, Jr.

Case Summary (G.R. No. 179035)

Parties

Petitioner/Appellant: Jesus Paycana, Jr. Respondent/Appellee: The People of the Philippines.

Key Dates and Procedural Milestones

Offense occurred on 26 November 2002 at about 6:30 a.m. Appellant was arraigned and pleaded not guilty; pre‑trial acknowledged marriage; trial testimony established the events. The trial court rendered judgment convicting the appellant (dispositive rendered in trial court decision). The Court of Appeals reviewed and modified the penalty from death to reclusion perpetua; the appeal was brought to the Supreme Court, which affirmed the appellate court’s judgment.

Applicable Law and Constitutional Framework

Governing constitutional framework: 1987 Philippine Constitution (decision post‑1990). Criminal statutes and principles applied: Article 11 (justifying circumstance of self‑defense), Article 246 (parricide), Article 257 (unintentional abortion), Article 48 (penalty for complex crimes) of the Revised Penal Code, and Republic Act No. 9346 (abolishing death penalty and providing for commutation to reclusion perpetua). Pertinent jurisprudence and rules concerning burden of proof, automatic review in death penalty cases, and awards of civil indemnity, moral and exemplary damages were applied as cited by the courts.

Factual Summary

The prosecution established that appellant, a butcher, returned home carrying his tools (knife, bolo, sharpener) and, for reasons not positively explained by him, stabbed his wife 14 times, causing her immediate death and the death/abortion of the seven‑month fetus. Angelina, the couple’s eldest daughter, testified that she personally witnessed her father strangle and stab her mother as the mother greeted him; she pleaded with him to stop and tried to intervene. Tito, the victim’s father, heard screams, saw the victim prostrate near the door with trembling feet, and saw the appellant armed; Angelina told Tito by the window that appellant had held and stabbed her mother. Appellant’s defensive version was that his wife stabbed him first and he wrested the knife away and then stabbed her; he claimed dizziness and did not know the number of wounds he inflicted. Medical evidence showed multiple stab wounds and that the victim died of multiple organ failure secondary to multiple stab wounds; the embalmer removed the fetus.

Issues Presented

Whether the appellant established the justifying circumstance of self‑defense. 2. Whether the elements of parricide and unintentional abortion were proven. 3. Whether the single act constituted a complex crime and the appropriate penalty. 4. The proper civil and exemplary damages to be imposed.

Legal Standard for Self‑Defense and Burden of Proof

The elements of self‑defense under Article 11 require: (1) unlawful aggression by the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation by the person defending himself. Self‑defense is a factual matter, and the accused who pleads it bears the burden to prove it by strong, clear and convincing evidence because the plea admits the underlying act but seeks to justify it.

Evaluation of Self‑Defense Claim and Credibility Findings

The trial court, later affirmed by the Court of Appeals and Supreme Court, rejected appellant’s claim of self‑defense. The courts relied principally on the eyewitness testimony of appellant’s daughter Angelina, corroborated by Tito and by the medical evidence. Angelina’s description of her father as the initial aggressor who continuously stabbed her mother, and her immediate outcry to her grandfather (admissible as res gestae), led the trial court to find her testimony credible. The defense’s medical witness, Dr. Rey Tanchuling, conceded that appellant’s injuries were possibly self‑inflicted and were superficial. The quantity and nature of the wounds (fourteen stab wounds) further undermined any contention that the stabbing was a necessary or reasonable response to unlawful aggression; instead, the injuries evidenced a determined effort to kill. Given the credibility findings by the trial court (which saw and heard witnesses) and the lack of strong, clear and convincing proof of unlawful aggression and necessity, the plea of self‑defense failed.

Elements and Proof of Parricide

Parricide under Article 246 requires (1) that a person be killed, (2) that the accused killed the deceased, and (3) that the deceased be a specified relative including the legitimate spouse. The relationship element was established by a marriage certificate and by the appellant’s own admission at pre‑trial that Lilybeth was his legitimate wife. The prosecution proved beyond reasonable doubt that the decedent was killed by appellant.

Elements and Proof of Unintentional Abortion

Unintentional abortion under Article 257 requires (1) a pregnant woman, (2) that violence was used upon her without intending abortion, (3) that the violence was intentionally exerted, and (4) that the fetus died as a result of the violence in utero or after expulsion. The record showed the victim was seven months pregnant and that the same act of stabbing caused the death of the fetus; under prevailing authorities cited in the decision a fetus of six months intrauterine life is not viable, so the killing of the fetus in these circumstances constitutes unintentional abortion rather than

Case Syllabus (G.R. No. 179035)

Procedural Posture

Criminal information filed in the Regional Trial Court (RTC) of Iriga City, Branch 37, charging appellant Jesus Paycana, Jr. with the complex crime of parricide with unintentional abortion; appellant pleaded not guilty at arraignment. [1][2]
Pre-trial admitted the marital relationship: appellant acknowledged the victim Lilybeth Balandra-Paycana (Lilybeth) as his legitimate wife. [3]
RTC rendered judgment finding appellant guilty on 14 April 2005 and sentenced him to death, and ordered indemnity and damages. [7][8]
Pursuant to Rule 122 Sec. 3(d) (automatic review for death penalty cases), the case was automatically appealed to the Court of Appeals (CA). [8][9]
The Court of Appeals affirmed the conviction but modified the death penalty to reclusion perpetua on 30 May 2007; appellant filed a notice of appeal dated 14 June 2007. [10][11]
The Supreme Court dismissed the appeal and affirmed the decision of the Court of Appeals on 16 April 2008 (G.R. No. 179035). Final disposition: appeal dismissed; CA decision affirmed. [32]

Charged Offense and Allegations (Accusatory Portion)

Accusatory portion alleges that on or about 26 November 2002, at about 6:30 a.m., at Sitio Sogod, Sto. Domingo, Nabua, Camarines Sur, appellant, armed with a kitchen knife and with intent to kill, willfully, unlawfully and feloniously attacked, assaulted and stabbed Lilybeth Balandra-Paycana, his legitimate wife, several times while she was seven (7) months pregnant, causing her immediate death and abortion, to the damage and prejudice of the deceased's deserving heir. [1]

Facts as Found in the Record

Date and time of incident: 26 November 2002, around 6:30 a.m. [4]
Appellant's occupation and actions prior to the incident: appellant worked as a butcher and came home from the slaughterhouse carrying his tools of trade — a knife, a bolo, and a sharpener. [4]
Victim's circumstances: Lilybeth was seven months pregnant and preparing the children for school while waiting for appellant's return. [4]
Nature of assault: appellant stabbed Lilybeth fourteen (14) times for reasons known to him alone. [5][18]
Result: the victim died of multiple organ failure secondary to multiple stab wounds; the unborn fetus was also killed. [19][26]
Scene observations: Tito Balandra (victim’s father), whose house was at the back of appellant’s house, heard Lilybeth shouting and saw her lying prostrate near the door with feet trembling; upon seeing appellant armed, Tito stepped back. Angelina (appellant’s eldest daughter) told Tito by the window that appellant had held her mother’s neck and stabbed her. [5][16][20]

Prosecution Witnesses and Evidence

Witnesses presented by the prosecution included:
- Tito Balandra, father of the victim, who heard screams and observed the victim’s condition and appellant armed. [5][16]
- Angelina Paycana (appellant’s eldest daughter), who personally witnessed the whole incident and gave detailed eyewitness testimony about how appellant strangled and stabbed her mother as the mother was about to greet him; she begged her father to stop and tried to restrain him. Her testimony was described as very clear and was a central piece of evidence. [3][15][20]
- Barangay tanod Juan ParaAal, Jr. (listed among prosecution witnesses). [prosecution witness list]
- Dr. Stephen Beltran, who conducted the autopsy on the victim. [prosecution witness list]
- Santiago Magistrado, Jr., the embalmer who removed the fetus from the deceased’s body. [prosecution witness list]
Physical/medical evidence:
- Autopsy findings: multiple stab wounds causing multiple organ failure as the cause of death. [19]
- The fetus was non-viable due to intrauterine life of seven months; the fetus was killed as a result of the stabbing of the mother. [26][27]

Defense Evidence and Theory (Self-Defense)

Appellant’s theory: he acted in self-defense, claiming his wife attacked him first and that he wrested the weapon from her after being stabbed; he asserted he did not know how many times he stabbed her due to dizziness and bleeding from his own wound. [6]
Specific defense contentions:
- Alleged antecedent altercation on the evening of 25 November 2002 when appellant confronted his wife about seeing a man near their house; wife allegedly did not answer. On the morning of 26 November 2002 appellant told his wife they should live separately; as he was leaving, Lilybeth allegedly stabbed him first, after which he wrested the knife and stabbed her. [6]
Defense witness relevant testimony:
- Dr. Rey Tanchuling (defense witness who attended to appellant’s wound) testified on cross-examination that appellant’s injuries were possibly self-inflicted, being mere superficial wounds — a testimony that undercut the defense claim of being stabbed first. [17]

Trial Court’s Findings

The RTC found appellant guilty beyond reasonable doubt of the complex crime of parricide with unintentional abortion and sentenced him to death (maximum penalty for parricide as provided in Art. 246), and ordered civil indemnity of P50,000.00, moral damages of P50,000.00, and exemplary damages of P25,000.00. [7][8]
RTC’s reasoning emphasized the credibility and clarity of Angelina’s eyewitness testimony, noting that a 15-year-old daughter would not testify against her father absent personal observation that he was the aggressor; Angelina’s statement to her grandfather immediately after the incident was considered part of the res gestae and admissible. The court found Angelina’s testimony to prevail over appellant’s claim of self-defense. [20][21]
RTC observed the number and nature o