SECOND DIVISION
[G.R. No. 19921. July 30, 1923. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. BLAS SOLINDAYAO, Defendant-Appellant.
Ewald E. Selph for Appellant.
Attorney-General Villa-Real for Appellee.
SYLLABUS
WHEN BANISHMENT IS PENALTY. — Where the evidence tends to show that a husband caught his wife in his own home in the act of adultery with another, and in the heat of passion struck at her paramour with a bolo, intending to kill him, but instead hit and killed his wife, the crime comes under article 423 of the Penal Code, the penalty for which is destierro.
STATEMENT
An information was filed against the defendant in the Court of First Instance, charging him with the crime of parricide committed as follows:jgc:chanrobles.com.ph
"That on or about the 19th of September, 1922, and in the barrio of Gibatang, municipality of Calbayog, Province of Samar, Philippine Islands, and within the jurisdiction of this court, the accused Blas Solindayao did willfully unlawfully, and criminally assault with a bolo his wife Filomena Eyano, inflicting six wounds on different parts of her body which caused the immediate death of said Filomena Eyano.
"Contrary to article 402 of the Penal Code."cralaw virtua1aw library
He was tried, found guilty, and sentenced to cadena perpetua, to suffer the accessories provided by law, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs, from which he appeals, contending, first, that the evidence was not sufficient to find him guilty of the crime, and, second, in not allowing defendant to present the testimony of Clemente Omayon for the prosecution.
STATEMENT
An information was filed against the defendant in the Court of First Instance, charging him with the crime of parricide committed as follows:jgc:chanrobles.com.ph
"That on or about the 19th of September, 1922, and in the barrio of Gibatang, municipality of Calbayog, Province of Samar, Philippine Islands, and within the jurisdiction of this court, the accused Blas Solindayao did willfully unlawfully, and criminally assault with a bolo his wife Filomena Eyano, inflicting six wounds on different parts of her body which caused the immediate death of said Filomena Eyano.
"Contrary to article 402 of the Penal Code."cralaw virtua1aw library
He was tried, found guilty, and sentenced to cadena perpetua, to suffer the accessories provided by law, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs, from which he appeals, contending, first, that the evidence was not sufficient to find him guilty of the crime, and, second, in not allowing defendant to present the testimony of Clemente Omayon for the prosecution.
D E C I S I O N
JOHNS, J.:
The defendant frankly admits that he killed his wife, and not only question involved is as to why he killed her.
The witnesses for the prosecution were Magna Eyano, Saturnino Laoyon, and Melecio Rebosura, the testimony of the last two of whom is immaterial as it only refers to the injuries inflicted and the act of killing. The evidence of Magna Eyano alone refers to the motive or cause of the killing. She is the youngest sister of the deceased and the wife of Clemente Omayon, and claims that she for the last two months was living in the house of the defendant and was in another house. She testifies that on September 19, 1922, the day of the killing, she was in the kitchen; that she saw the defendant and his wife leaving his room, and that she heard him ask his wife for a package of nails; that his wife told him that she had not touched nor took them to some other person; that the wife replied that she had not; that as a result of this conversaton, the defendant at once stepped into his room and came out armed with a bolo; that the wife on seeing him jumped from the house and ran away toward the street; that the defendant pursued and overtook her, giving her several blows with the bolo, and inflicting upon her several wounds which caused her
The witnesses for the prosecution were Magna Eyano, Saturnino Laoyon, and Melecio Rebosura, the testimony of the last two of whom is immaterial as it only refers to the injuries inflicted and the act of killing. The evidence of Magna Eyano alone refers to the motive or cause of the killing. She is the youngest sister of the deceased and the wife of Clemente Omayon, and claims that she for the last two months was living in the house of the defendant and was in another house. She testifies that on September 19, 1922, the day of the killing, she was in the kitchen; that she saw the defendant and his wife leaving his room, and that she heard him ask his wife for a package of nails; that his wife told him that she had not touched nor took them to some other person; that the wife replied that she had not; that as a result of this conversaton, the defendant at once stepped into his room and came out armed with a bolo; that the wife on seeing him jumped from the house and ran away toward the street; that the defendant pursued and overtook her, giving her several blows with the bolo, and inflicting upon her several wounds which caused her
