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    People Vs Bello

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    Jed Velasquez
    1) Guillermo and Alicia lived together without being married, with Guillermo being 30 years older than Alicia. Due to poverty, Alicia began working as a hostess at a bar. 2) Guillermo became jealous after seeing Alicia with another man. Two weeks later, after being mocked and drinking heavily, Guillermo returned to the bar and stabbed Alicia multiple times, killing her. 3) The Supreme Court had to determine if Guillermo should receive a mitigating circumstance for passion or obfuscation given his unmarried relationship with Alicia. The Court ruled he should, finding that Alicia's refusal to quit her hostess job and resume a monog

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    People Vs Bello

    Uploaded by

    Jed Velasquez
    200 views2 pages
    1) Guillermo and Alicia lived together without being married, with Guillermo being 30 years older than Alicia. Due to poverty, Alicia began working as a hostess at a bar. 2) Guillermo became jealous after seeing Alicia with another man. Two weeks later, after being mocked and drinking heavily, Guillermo returned to the bar and stabbed Alicia multiple times, killing her. 3) The Supreme Court had to determine if Guillermo should receive a mitigating circumstance for passion or obfuscation given his unmarried relationship with Alicia. The Court ruled he should, finding that Alicia's refusal to quit her hostess job and resume a monog

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    People vs Bello

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    1) Guillermo and Alicia lived together without being married, with Guillermo being 30 years older than Alicia. Due to poverty, Alicia began working as a hostess at a bar. 2) Guillermo became jealous after seeing Alicia with another man. Two weeks later, after being mocked and drinking heavily, Guillermo returned to the bar and stabbed Alicia multiple times, killing her. 3) The Supreme Court had to determine if Guillermo should receive a mitigating circumstance for passion or obfuscation given his unmarried relationship with Alicia. The Court ruled he should, finding that Alicia's refusal to quit her hostess job and resume a monog

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    200 views2 pages

    People Vs Bello

    Uploaded by

    Jed Velasquez
    1) Guillermo and Alicia lived together without being married, with Guillermo being 30 years older than Alicia. Due to poverty, Alicia began working as a hostess at a bar. 2) Guillermo became jealous after seeing Alicia with another man. Two weeks later, after being mocked and drinking heavily, Guillermo returned to the bar and stabbed Alicia multiple times, killing her. 3) The Supreme Court had to determine if Guillermo should receive a mitigating circumstance for passion or obfuscation given his unmarried relationship with Alicia. The Court ruled he should, finding that Alicia's refusal to quit her hostess job and resume a monog

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-18792 February 28, 1964


    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GUILLERMO BELLO, Defendant-
    Appellant.
    Facts:
    Guillermo and Alicia lived together as husband and wife without the benefit of marriage. Guillermo was a
    54 year old widower, and Alicias senior by 30 years. Prior to Alicias employment at Marings Place, the
    couple led a blissful life. Due to poverty, Alicia became an entertainer/public hostess at the said bar, and
    Guillermo used to watch her there everyday; very much smitten by her beauty[1].
    However, on May 16, Guillermo saw Alicia enter the Gumaca theater with a man, and surprised the
    man caressing her inside the movie house. Guillermo dragged her outside.
    Two weeks later, Guillermo visited Marings Place to ask Alicia for money, but the owner, Maring (who
    was fantastically creative enough to name the bar after him), told him to go home and to leave Alicia alone
    because he was an old invalid. He proceeded to walk home empty handed, but upon passing Bonifacio
    Street, he came across the Marasigan brothers who mocked him with the above stated remark. The self-
    loathing Guillermo proceeded to Patys place and downed give glasses of Tuba.
    By nighttime of the same day, Guillermo returned to Marings Place and did then and there stab Alicia
    several times. Realizing what he had done, he ran to Gumarca and surrendered to the police there. He was
    found guilty by the Court of First Instance of Quezon City of murder attended by the aggravating
    circumstances of nighttime, alevosia, and abuse of confidence and ungratefulness; The penalty for which is
    death; thus the automatic review of the Supreme Court.
    ISSUES:
    Whether or not the victim should be given the benefit of the mitigating circumstance of passion or
    obfuscation, albeit his relationship with the victim being merely a common-law marriage?
    HELD:
    Yes. By stare decisis, passion or obfuscation on the part of the offender must arise from legitimate
    and moral sentiments. Since common-law marriages are considered unlawful in the Philippines,
    Obfuscation, when relationship is illegitimate, cannot be appreciated as a mitigating circumstance.
    To answer this question, we must first differentiate the circumstances of this case with that of U.S. v Hicks.
    In the said case, the common-law wife of Mr. Hicks terminated her relations with the American, and
    contracted new relations with a certain corporal. Mr. Hicks shot his ex-common-law-wife when she refused
    to go home with him and resume their relationship. Since they were not married, she was entitled to do so.
    What she did cruel as it may be was legal in the eyes of law. Passion and obfuscation were not
    appreciated in such a case, since:
    1. The common-law wife had a right to leave her common-law husband, as they were not united in
    holy matrimony. He had no right to compel her to go with him. Remember that the first
    requirement of passion or obfuscation is that there be an unlawful act, sufficient to produce
    diminution of self-control or the exercise of will power.
    Returning now to the case at hand, what Guillermo was asking from Alicia was that she (1) quit her job as a
    hostess; an ill-reputed profession corroborated by her promiscuous relations with other men, and (2) resume
    her job as a hostess.
    The Supreme Court held that Alicias flat out refusal was an exhibition of immorality itself. A
    monogamous illegitimate relationship is definitely of higher standing than illicit relationship for the sake of
    gain or gainful promiscuity as the court put it.
    This, coupled with the cruel words against him were enough to constitute passion and obfuscation in the
    old soul. Thus, he is entitled to a mitigating circumstance.

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