Appellant avers physical injuries only and not parricides penalty should be
imposed on him. ART 49. invokes art. 64, sub par 5, 2 mitigating circ and no
aggravating circ, penalty next lower to that prescribed by law.
Duman, Paulyn \ CRIM II \ Gutierrez \ I-E
Court in complete accord with and sustain ruling by courts below that On July 15, 1984 the accused was charged of complex crime of murder with
accused not entitled to the benefits of the ISLAW. double frustrated murder.
Art. 49 not apply to cases where more serious consequences not intended by
the offender result from his felonious act bec under art. 4, par 1 of the same Francisco Abarca, accused, has a wife who had an illicit relationship with
Code, he is liable for all the direct and natural consequences of his unlawful Khingsley Paul Koh which started when he was reviewing for the 1983 Bar
act. His lact of intention to commit so grave a wrong is, at best, mitigating. exam in Manila and his wife was left in Tacloban.
People vs. Alburquerque: Art 49 applies only to cases where the crime
committed is different from that intended and where the felony committed On July 15, 1984, he was in his residence in Tacloban. On the morning of that
befalls a different person. date, he went to a bus station to go to Eastern Samar to fetch his daughter
People vs. Laureano et. Al.: Art 246 of the RPC punishes parricide with the however he was not able to catch the first trip so he went back to the station
penalty of reclusion perptua to death, which are two indivisible penalties. As in the afternoon but the bus cannot leave bec of engine trouble. He then
the commission of the act was attended by mitigating circ with no aggrav, proceeded to the house of his father then he went home at around 6 pm.
the lesser penalty, which is rec perpetua should be imposed.
SC held that the fact that appellant intended to maltreat the victim only or Upon reaching home, he found his wife Jenny and Khingsley Koh in the act of
inflict physical injuries does not exempt him from liability for the resulting sexual intercourse. When the wife noticed the accused, she pushed her
more serious crime. paramour who got his revolver. The accused who was peeping above the
RTC had added a recommendation that executive clemency be extended to build-in cabinet ran away.
the accused-appellant after his service of the minimum of the medium
penalty of prision mayor. He went to look for a firearm and got an M-16 from C2C Talbo, a PC soldier
SOL Gen: prays in the Peoples Brief that in view of the circumstances, and went back to his house. He was not able to find his wife and her
recommends for the commutation of the penalty. paramour so he went to the mahjong session where Khingsley hangouts. He
7 years already of detention of the accused. found him playing and then he fired at him 3 times with rifle. Koh was hit.
SC: expresses hope that absolute or conditional pardon by President OR that
Arnold and Lina Amparado who were occupying the adjacent room of the
there be a commutation of his sentence so that he may qualify and be
eligible for parole. mahjong room were hit as well. Koh died instantaneously but the spouses
were able to survive due to time medical assistance. Arnold was hit in the
There is a manifest repentant attitude of the accused and his remorse for his
kidney. He was not able to work for 1 and months because of his wounds
act which the RTC made particular mention and the recommendation of the
and he was receiving P1000 as salary. He spent 15K for hospital while his wife
SOL GEN as well as the number of years that the accused had been
spent 1K for the same purpose.
imprisoned.
The recommendation of the Court should be promptly brought to the
RTC rendered the appealed judgment as guilty of complex crime of murder
attention of the President by the proper auth in whose custody the herein
with double frustrated murder. Art. 63 which does not consider effect of
accused has been placed.
mitigating or aggrav circ when law prescribes a singe indivisible penalty in
relation to art. 48. He was ordered to indemnify heirs of Koh for P30,000 and
Judgment affirmed.
the spouses for P20,000. Considering the circumstances of the crime, the RTC
believes that accused is deserving of executive clemency, not of full pardon
People vs. Abarca
but of substantial if not radical reduction or commutation of his death
sentence.
Issue:
SOL Gen: recommends to apply Art. 247.
WON the accused is rightfully convicted of complex crime of murder with double
frustrated murder instead of entering a judgment of conviction under Art. 247.
SC held: Agree with Sol Gen on death of Koh. But disagree with regard to the injuries
Facts: inflicted upon the spousesnot double frustrated murder. But accused cannot be
exempted.
The case was elevated to the SC in view of the death sentence imposed. But
On Kohs Death:
with the approval of the new Consti abolishing death penalty and commuting
all existing death sentences, the accused was required WON he wished to
There is no question that the accused surprised his wife and her paramour in
purse the case as appealed. He wished to continue with the case by way of
appeal. the act of illicit copulation.
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Elements of Art. 247: a. legally married surprises spouse in the act of sex People vs. Pugay
with another person b. that he kills any or both of them in the act or
immediately after. These elements present in the case. Issue:
Although an hour has passed bet the sex act and the shooting of Koh, the
shooting must be understtod to be the continuation of the pursuit of the WON the RTC was correct in find the accused guilt of murder qualified with treachery
victim by the accused. and aggravated by evident premeditation and superior strength and the means
Art only requires that the death caused be the proximate result of the employed was to weaken the defense and that the wrong dne in the commission of
outrage overwhelming the accused after chancing upon his spouse in the the crime was deliberately augmented by causing another wrong that is the burning of
basest act of infidelity. But the killing should have been actually motivated the body of the victim.
by the same blind impulse and must not have been influenced by external
factors. Facts:
People vs. Araquel: Only acts or omissions constituting the offense should be
Miranda, deceased, is a 25-year old retardate and the accused Pugay were
pleaded in a complaint or information, and a circumstance which mitigates
criminal liability or exempts the accused therefrom, not being an essential friends.
element of the offense chargedbut a matter of defense that must be Miranda used to fun errands for Pugay and at times, they slep together.
proved to the satisfaction of the courtneed not be pleaded. On May 19, 1982, a town fiesta was held in the public plaza and there were
Punishment is not inflicted upon the accused. He is banished but that is different kinds of rides including the ferris wheel.
intended for his own protection. Sometime after midnight, Eduardo Gabion who was sitting at the ferris wheel
reading a comic book with a friend. Pugay and Samson with several
On the injuries of the spouses: companions arrived and were drunk as they were noisy and happy. As they
saw Miranda walking nearby, they started making fun of him and tickled him
Sol Gen: recommends double frustrated murder and being a more severe with a piece of wood to dance.
offense, rec temp in its max. Pugay took a can of gasoline from under the engine of the ferris wheel and
SC ruled: Disagree with Sol Gen. The accused didnt have the intent to kill poured its contents on Miranda.
the spouses. Although as a rule, one committing an offense is liable for all Gabion told Pugay not to do so while the latter was in the process of pouring
the consequences of his act, the rule presupposes that the act done amounts the gasoline. Then Samson set Miranda on fire making a human torch out of
to a felony. him.
In the case, he was not committing murder when he discharged rifle upon Body of deceased was still aflame when the police arrived at the scene. Upon
deceased. Inflicting death under exceptional circ is not murder. However, inquiring among the people, they spontaneously pointed to Pugay and
while it appears that before he fired at the deceased, he warned the people Samson.
that those who are not concerned must get out, he is negligent on this part. Miranda was rushed to the Grace Hospital for treatment while the two
Liable under 2nd par of art. 365 of less serious physical injuries thru simple accused and other five persons were took for interrogation.
negligence or imprudence. A few hours after the incident, the accused gave their written statements to
Amparado incapacitated for one and one-half months, no showing with wife the police. Pugay admitted that he poured gasoline and accused Samson
as to the extent of injuries. 10-15 days only based on med cert. alleged in his statement that he saw Pugay pour gasoline but did not see who
For the separate injuries suffered by the spouses, we impose arresto mayor set Miranda on fire. They both did not impute any participation of eyewitness
(in medium and max) in its max period. Gabion in the commission.
Sentence: 4 months and 21 days to 6 months of AM. The period within which The accused repudiated their written statements and claim that they were
he has been in confinement shall be credited in service of these penaltiles. extracted by force into admitting the crime. They also blamed Gabion for the
Indemnify spouses in the sum of P16K and 1,500 for Arnolds loss of earning crime
capacity. Although there were written statements, these were not the sole basis for
the findings of facts. Even without these, Gabions straightforward testimony
Decision modified. which remains unaffected by the uncorroborated testimony of the accused.
Accused asserted that prosecution suppressed other witnesses and only
Gabion was presented. There is no dispute that there were other witnesses in
the crime but their non-presence doesnt give rise to the presumption that
evidence willfully suppressed would be adverse if produced. This
presumption doesnt apply to the suppression of merely corroborative
evidence. The matter as to whom to utilize as witness is for the prosecution
to decide.
Duman, Paulyn \ CRIM II \ Gutierrez \ I-E
They also alleged that the mother of Miranda asked Gabion to testify but People vs. Salufrania
eveidence shows that this is not the case. The uncle was the one who talked
to him. And even so, Gabion has no reason to testify falsely against them. Issue:
They also alleged that his testimony is incredible bec of the absurdity of
reading a comic book while in the ferris wheel. However, during cross- WON the crime judged by the RTC of complex crime of parricide with intentional
examination, Gabion clearly stated that after he told Pugay not to pour abortion is proper. (Subsidiary issue of WON Pedro as a witness is considered
gasoline, he resumed reading the comics, and that when the victims body is competent thus giving credence to his testimony)
on fire, that is only when he noticed a commotion.
Facts:
SC held: The judgment is affirmed with modifications.
Accused was sentenced to death thus an automatic review of the SC.
There is nothing in the records that shows that there was a precious
conspiracy or unity of criminal purpose and intention bet the two accused Filomeno Salufrania and Marciana Abuyo were legally marriend and they had
immediately before the crime. There was no animosity and their meeting at several children. Two of of their sons, Pedro and Alex witnessed how their
the scene of the crime was accidental. They only want to make fun of the father killed their mother.
deceased. Pedro is 13 years old and accused alleged that he cannot be considered as
The respective criminal resp of Pugay and Samson arising from different acts witness since he is of tender age thus incapable of receiving correct
directed against the deceased is individual and not collective, and each of impressions of facts and that he was only 11 when the crime happened.
them is liable only for the act committed by him. Presumed to incompetent under ROC Art 130 sec 19(b). However, with careful
Pugays criminal responsibility: he failed to exercise all the diligence supervision of the court a quo, they determined that he is capable and
necessary to avoid every undesirable consequence arising from any act that intelligent. He convincingly declared that he was not under the threat of his
may be committed by his companions who at the time were making fun of uncle to testify.
the victim. SC agrees with SOL gen that Pugay is only guilt of HOMICIDE THRU He testified that at around 6 pm their parents quarreled and he saw his
RECKLESS IMPRUDENCE under 365 of RPC. father boxed the stomach of his pregnant mother then strangle her to death
Proper penalty for Pugay: Indeterminate from 4 months of Am as minimum to afterwards. He saw blood oozing from her nose and eyes and died on the spot
4 years and 2 months of PC as max. where she fell. Then he saw his father went out of the house to get a
Samsons criminal responsibility: SOL Gen contends murder is proper hammock and the father arrived early in the morning and place the body of
considering setting victim on fire knowing that gasoline has been poured on their mother in the hammock and brought to his sister Conching in Tigbinan
him, characterized by treachery. SC do not agree. and from there was transferred to Talisay for burial.
There is an absence of intent to kill and that his act was just part of their He refused to live with his father because the latter threatened him and his
fun-making that evening. Treachery-deliberate attack and employing means siblings that he will kill them should they reveal the true cause of their
to insure its execution removing any form of defense from the offended mothers death.
party. Narciso Abuyo testified that the accused and his sister were legally wedded
His act however doesnt relieve him of crim resp. Burining the clothes of husband and wife evidenced by a marriage contract. That he first came to
victim would cause at the very least some kind of physical injury. know about his sisters death thru his nephews. After being told of the
incident, he went to the polces.
ART 4, criminal liability shall be incurred by any person committing a felony
Accused had for his defense witnesses Villan, Bragais, Balce and himself.
although the wrongful act done be different from what is intended.
Guilty of HOMICIDE under 249 with mitigating circ of no intention to commit Villan: testified that he happened to pass by the house and saw accused
so grave a wrong. They were actually stunned to see the victim burning. boiling ikmo and garlic as medicine for wife who was about to deliver. He
helped the accused in applying the treatment on the victims body. When the
Indemnity for death=P30K, with moral and exemplary damages.
condition worsened, he told accused to get Bragais who is a healer. But when
the latter arrived, victim is already dead.
Judgment affirmed with modifications.
Bragais: testified that he was fetched by Felipe, another son, and that victim
was already dead when he arrived.
Balce: was called by one of the latters son and when she arrived, victim is
still in coma lying on the lap of the husband.
Filomeno: said that he was wedded to victim and that wife complained of
stomach pain and so he took care of her, prepared the treatment and the
condition worsened, woke up sons to call for help and fetch Villanueva but
the sons arrived without Villanueva but arrived a little later.
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