EN BANC
[G.R. No. 36173. November 25, 1932. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. MARIA ORIFON, Defendant-Appellant.
Quintin Paredes for Appellant.
Attorney-General Jaranilla for Appellee.
SYLLABUS
1. PARRICIDE; CONFESSION OF GUILT; ADMISSIBILITY. — At the trial of this case for parricide no objection was made to the admissibility of defendant’s confession and there is sufficient corroboratory evidence, independent of the confession, to warrant its admission against said defendant. The fact that the confession was written in Ilocano dialect and that its translation into Spanish, attached to the record, is not identified or in any wise certified does not affect its admissibility inasmuch as a member of the court, who knows that dialect, assures that the translation is correct. (Cf. Dionisio v. Dionisio, 45 Phil., 609, 611.)
2. ID.; "CADENA PERPETUA" ; CORRECT PENALTY IMPOSED. — In view of the fact that the penalty of cadena perpetua no longer exists under the Revised Penal Code, the sentence must be modified to reclusion perpetua with the accessory penalties provided by law.
3. ID.; EXCESSIVE PENALTY. — Under the facts stated in the opinion, Held: That the penalty imposed in this case (and the law does not authorize any lower penalty), is clearly excessive, having regard to the condition of the accused and the circumstances which impelled her to commit the crime for which she stands convicted.
4. ID.; OPINION SUBMITTED TO THE CHIEF EXECUTIVE. — The court, invoking the provisions of article 5, second paragraph, of the Revised Penal Code, submits to the Chief Executive its opinion of this case.
2. ID.; "CADENA PERPETUA" ; CORRECT PENALTY IMPOSED. — In view of the fact that the penalty of cadena perpetua no longer exists under the Revised Penal Code, the sentence must be modified to reclusion perpetua with the accessory penalties provided by law.
3. ID.; EXCESSIVE PENALTY. — Under the facts stated in the opinion, Held: That the penalty imposed in this case (and the law does not authorize any lower penalty), is clearly excessive, having regard to the condition of the accused and the circumstances which impelled her to commit the crime for which she stands convicted.
4. ID.; OPINION SUBMITTED TO THE CHIEF EXECUTIVE. — The court, invoking the provisions of article 5, second paragraph, of the Revised Penal Code, submits to the Chief Executive its opinion of this case.
D E C I S I O N
BUTTE, J.:
Maria Orifon was sentenced to cadena perpetua for the murder of her father. She pleaded guilty to the charge at the preliminary investigation but on the arraignment upon the information filed in the Court of First Instance she pleaded not guilty. The principal evidence against the accused consisted of her confession which she wrote out in her own handwriting and in her own dialect (Ilocano). It appears in the record in Spanish as follows:jgc:chanrobles.com.ph
"Yo, Maria Orifon, que firmo al pie de estas mis declaraciones, soltera, de 24 años de edad y residente en el lugar Ilamado Sagpatan del Municipio de Dingras, Ilocos Norte, declaro la pura verdad en los siguintes parrafos y no declaro nada que no sea verdad y solo declarare lo que realmente ocurrio y he hecho.
"Si no me equivoco, recuerdo que el 2.
"Yo, Maria Orifon, que firmo al pie de estas mis declaraciones, soltera, de 24 años de edad y residente en el lugar Ilamado Sagpatan del Municipio de Dingras, Ilocos Norte, declaro la pura verdad en los siguintes parrafos y no declaro nada que no sea verdad y solo declarare lo que realmente ocurrio y he hecho.
"Si no me equivoco, recuerdo que el 2.
