Title
People vs Vargas
Case
G.R. No. 1053
Decision Date
May 7, 1903
Husband killed man found with his wife; Supreme Court ruled it fell under Article 423, reducing penalty due to continuous act of adultery.

Case Summary (G.R. No. 1053)

Incident Overview

Simeon Alberto was attacked and gravely injured during the confrontation with Vargas, who claimed that he found Alberto in a compromising position with his wife. Following the attack, Alberto identified Vargas and others as his assailants; however, he did not provide any motive for the aggression. The victim subsequently succumbed to his injuries the following day.

Evidence and Testimonies

The prosecution's case was primarily based on Alberto’s dying declaration, which implicated the defendants, but there was no additional evidence presented during the trial. Notably, the co-defendant Manalastas was acquitted by the initial court. Vargas defended himself by asserting that he acted in pursuit of Alberto after he discovered Alberto with his wife and that he subsequently killed Alberto after pursuit. The defense's narrative suggested that the events unfolded in a continuous and immediate sequence.

Judicial Discretion and Initial Verdict

The lower court expressed belief in Vargas's account but concluded that Article 423 of the Penal Code, which pertains to the circumstances under which a husband may be exonerated from liability for killing an offender caught in the act, did not apply. This article stipulates certain conditions for justifying a homicide based on the urgency and context of the event.

Appellate Court Findings

Upon review, the appellate court concurred with the factual findings of the lower court but contested its legal interpretation regarding the applicability of Article 423. It determined that the sequence of discovery, pursuit, and killing constituted a singular, continuous act, thus invoking the provisions of the penal code that justified the act committed by Vargas under the given circumstances.

Final Judgment

Consequently, the appellate court reversed the lower court's judgment and imposed a penalty of destierro—banishment for a period of two years and four month

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