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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 37379. March 18, 1933. ]

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. FELICIANO EMBALIDO, Defendant-Appellant.

Angel Soncuya, for Appellant.

Attorney-General, Jaranilla for Appellee.

SYLLABUS


1. CRIMINAL LAW; PARRICIDE. — In cases of parricide, the prosecution must prove three facts: (1) The death of the deceased; (2) that he or she was killed by the accused; and (3) that the deceased was a legitimate ascendant or descendant, or the legitimate spouse of the accused.

2. ID.; ID.; LEGITIMACY, PROOF OF. — In cases of parricide, if the deceased is either the father, mother or the child of the accused, proof of legitimacy is not required.

3. ID.; DEFENSE, NATURE OF PROOF OF. — In criminal cases, matters of defense, mitigation, excuse, or justification may be proved by a preponderance of evidence.

4. ID.; ARTICLE 247, REVISED PENAL CODE; DEATH INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES. — To entitle the accused to the benefits of article 247 of the Revised Penal Code, he must show by a preponderance of evidence the existence of the exceptional circumstances mentioned in said article.


D E C I S I O N


ABAD SANTOS, J.:


The appellant in this case was charged with the crime of parricide. He admits having killed his wife, but claims that he surprised her in the act of committing adultery. The lower court found him guilty of the crime of parricide as defined and penalized by article 246 of the Revised Penal Code, and sentenced him to suffer cadena perpetua, with the accessory penalties provided by law, and to pay the costs.

On this appeal, he contends that he should have been sentenced in accordance with article 247 of the Revised Penal Code, which reads as follows:jgc:chanrobles.com.ph

"Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro."cralaw virtua1aw library

In cases of parricide, the prosecution is required to prove three facts, namely: (1) That death of the deceased: (2) that he or she was killed by the accused; and (3) that the deceased was a legitimate ascendant or descendant, or the legitimate spouse of the accused. If the deceased is either the father, mother, or the child of the accused, proof of legitimacy is not required. Once these facts are established beyond a reasonable doubt, conviction is warranted. Matters of defense, mitigation, excuse or justification must appear by a prepondenrance of evidence.

We have carefully considered the evidence presented in this case and we find no sufficient ground to hold that the appellant surprised his wife in the act of committing adultery. The case, therefore, does not come within the purview of article 247 of the Revised Penal Code. It follows that the lower court committed no error in finding the appellant guilty of parricide as defined and penalized by article 246 of said Code. Appreciating, however, in his favor the mitigating circumstances, we sentence the appellant to suffer the penalty of twelve years and one day of reclusion temporal (Rule 5, article 64 in connection with rule 2, article 61, Revised Penal Code).

Modified as above indicated, the judgment appealed from is affirmed, with costs against the appellant. So ordered.

Avanceña, C.J., Street, Ostrand and Butte, JJ., concur.

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