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    97 - US V Rodriguez, 9 Phil 136

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    Melcris Castro
    The document discusses a court case from 1907 where Ildefonso Rodriguez was accused of parricide for killing his father. The court ruled that while Rodriguez lived in the same home, there were no aggravating circumstances for the crime. The court ultimately sentenced Rodriguez to the minimum penalty.

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    97 - US V Rodriguez, 9 Phil 136

    Uploaded by

    Melcris Castro
    15 views2 pages
    The document discusses a court case from 1907 where Ildefonso Rodriguez was accused of parricide for killing his father. The court ruled that while Rodriguez lived in the same home, there were no aggravating circumstances for the crime. The court ultimately sentenced Rodriguez to the minimum penalty.

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    Case Digest in Criminal Law

    Original Title

    97_US v Rodriguez, 9 Phil 136

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    The document discusses a court case from 1907 where Ildefonso Rodriguez was accused of parricide for killing his father. The court ruled that while Rodriguez lived in the same home, there were no aggravating circumstances for the crime. The court ultimately sentenced Rodriguez to the minimum penalty.

    Copyright:

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

    97 - US V Rodriguez, 9 Phil 136

    Uploaded by

    Melcris Castro
    The document discusses a court case from 1907 where Ildefonso Rodriguez was accused of parricide for killing his father. The court ruled that while Rodriguez lived in the same home, there were no aggravating circumstances for the crime. The court ultimately sentenced Rodriguez to the minimum penalty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    THE UNITED STATES v.

    ILDEFONSO RODRIGUEZ
    G.R. No. L-3756
    October 28, 1907

    FACTS:

    That on the 27th of August, 1906, a complaint was filed by the provincial fiscal of
    Surigao with the district court accusing Ildefonso Rodriguez of the crime of parricide, in
    that, on the morning of Thursday, March 8 of said year, the accused Ildefonso
    Rodriguez intentionally, and with premeditation, kill his father, Florentino Rodriguez, at
    the latter’s own house, and without any provocation on the part of the deceased.

    The accused-appellant Ildefonso Rodriguez lived with his father Florentino Rodriguez
    and stepmother Gregoria Lantoria. On the day before the occurrence, the deceased
    burned the clothes of the accused, and the dismissed the accused from his house.

    Proceedings having been instituted by reason of the foregoing complaint, the court, in
    view of the conclusions, entered judgment therein on the 26th of November, 1906, and
    sentenced the accused to the penalty of life imprisonment and the accessories thereof,
    to indemnify the heirs of the deceased in the sum of P1,000 and to pay the costs.

    From the judgment the accused has appealed. The accused, Ildefonso Rodriguez,
    pleaded not guilty.

    ISSUE:

    Whether or not the crime that was committed by the accused in the dwelling of the
    injured party be considered as an aggravating circumstances.

    RULING:

    The court held that In the commission of the crime there were no aggravating
    circumstances and paragraph 20 of article 10 of the code cannot be considered
    because the accused lived in the same house as his father, and it has not been shown
    that he had his own and independent dwelling, and according to the well-established
    precedents of courts it is not proper to consider such circumstance when the house
    wherein the crime was committed is the dwelling of both the offender and of the injured
    party. The proven fact that, on the day before the occurrence, the deceased burned the
    clothes of the accused, and the dismissal of the latter from his house shortly before the
    assault because he did not fulfill an order given him by the deceased might, perhaps be
    considered as a mitigating circumstance, as he was prompted to act under loss of self-
    control and without the respect and regard due to his father; for this reason, the penalty
    in its minimum grade would apply in this case. However, whether or not the said
    circumstance, which is the seventh of article 9 of the code, be considered, because no
    aggravating circumstance was present, it is only proper to impose on the accused the
    lower of the two indivisible penalties prescribed by said article 402, in accordance with
    rules 2 and 3 of article 80 of the Penal Code.

    Therefore, in view of the foregoing and accepting the conclusions of the court below as
    stated in the judgment appealed from, the same should be affirmed, provided that the
    accessories 2 and 3 of article 54 of the Penal Code shall be imposed and that the
    indemnity shall be paid to the widow and other heirs of the deceased, with the costs
    against the accused.

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