Scribd Logo
Upload

Welcome to Scribd!

  • 674 views

    People v. Malabago

    Uploaded by

    Marc Virtucio
    The Supreme Court affirmed the conviction of Malabago for the crime of parricide for killing his wife Letecia. [1] Witnesses testified that Malabago and Letecia were arguing about money and jealousy when Malabago attacked Letecia with a bolo, slashing her face twice and hitting her neck. [2] However, the court modified the penalty from death to reclusion perpetua, finding one mitigating factor of voluntary surrender but no aggravating factors. [3] Parricide involves killing a spouse or relative, which was proven given testimony that Malabago and Letecia were married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People v. Malabago

    Uploaded by

    Marc Virtucio
    674 views1 page
    The Supreme Court affirmed the conviction of Malabago for the crime of parricide for killing his wife Letecia. [1] Witnesses testified that Malabago and Letecia were arguing about money and jealousy when Malabago attacked Letecia with a bolo, slashing her face twice and hitting her neck. [2] However, the court modified the penalty from death to reclusion perpetua, finding one mitigating factor of voluntary surrender but no aggravating factors. [3] Parricide involves killing a spouse or relative, which was proven given testimony that Malabago and Letecia were married.

    Original Description:

    People v. Malabago

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court affirmed the conviction of Malabago for the crime of parricide for killing his wife Letecia. [1] Witnesses testified that Malabago and Letecia were arguing about money and jealousy when Malabago attacked Letecia with a bolo, slashing her face twice and hitting her neck. [2] However, the court modified the penalty from death to reclusion perpetua, finding one mitigating factor of voluntary surrender but no aggravating factors. [3] Parricide involves killing a spouse or relative, which was proven given testimony that Malabago and Letecia were married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    674 views1 page

    People v. Malabago

    Uploaded by

    Marc Virtucio
    The Supreme Court affirmed the conviction of Malabago for the crime of parricide for killing his wife Letecia. [1] Witnesses testified that Malabago and Letecia were arguing about money and jealousy when Malabago attacked Letecia with a bolo, slashing her face twice and hitting her neck. [2] However, the court modified the penalty from death to reclusion perpetua, finding one mitigating factor of voluntary surrender but no aggravating factors. [3] Parricide involves killing a spouse or relative, which was proven given testimony that Malabago and Letecia were married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    095. People v.

    Malabago
    GR No. 115686 | December 2, 1996 | En banc
    Puno, J.
    Digest by: Ky Bautista

    Short facts:
    Trial Court convicted Accused Malabago of parricide for killing his wife Letecia and imposed the death penalty.

    Accuseds mother-in-law was tending her sari-sari store, when her daughter, Letecia, arrived. Later, accused came and
    he and Letecia began arguing about money and husbands jealousy of someone. Letecia cried out "Agay!" and the
    mother-in-law saw Letecia's face bloodied with a slash along her right ear. Accused was facing Letecia, he was then
    holding a bolo, struck her again, hitting the lower left side of her face, from the lips to the neck. Letecia died.

    Accused says he was in another poblacion and he didnt know who killed his wife and says that his mother-in-law
    testified because she was against their marriage.

    Issue: Is he guilty of parricide?


    Held: Yes, but court modified the penalty to reclusion perpetua, not death. (no treachery, but there was voluntary
    surrender. 1 mitigating, no aggravating)

    Ratio:
    Parricide is committed when: (1) a person is killed; (2) the deceased is killed by the accused; (3) the
    deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other
    ascendant or other descendant, or the legitimate spouse of the accused.
    The key element in parricide is the relationship of the offender with the victim. In the case of parricide of a
    spouse, the best proof of the relationship between the accused and the deceased is the marriage certificate.
    In the absence of a marriage certificate, however, oral evidence of the fact of marriage may be considered
    by the trial court if such proof is not objected to.
    The essential elements like accuseds marriage to Letecia, the cause of death, and accuseds participation
    therein were facts established by the prosecution in its evidence in chief:
    o [As to their marriage] He did not object to the mother-in-laws testimony that accused and Letecia
    were married. He also testified to that fact. Such was an admission against his penal interest and
    there is the presumption that a man and a woman deporting themselves as husband and wife have
    entered into a lawful contract of marriage.
    o [As to the cause of Letecias death] There was the death certificate, the mother-in-laws testimony
    and affidavit, and even the accused himself affirmed that his wife died as a result of the hacking (he
    just denied to have done the hacking).
    o His defense of alibi was not appreciated because the two poblacions were only 4 km apart and easily
    accessible by motor vehicles.

    You might also like