People v. Tomotorgo

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

NAME OF CASE Criminal Law 2

People v. Tomotorgo

G.R. No. L-47941 April 30, 1985

DOCTRINE.

Article 4 of the Revised Penal Code expressly states that a person committing a felony shall

be liable for all the consequences of his/her felonious acts, even if the said crime is different

from that which he/she intended to do/commit.

Magdalena de los Santos is the wife of the accused, Jaime Tomotorgo, had been insisting to sell

their conjugal home SOMEWHERE in in Sitio Dinalungan, Barangay Cabugao, Municipality of

Siruma, Camarines Sur. She wanted their family to transfer to the house of her husband’s in-laws

which is in ANOTHER town Camarines Sur. However, the accused Tomotorgo did not approve

of he former’s request.

And then on 23 June 1977, Jaime went home after being away for around two hours. There he

found that found his wife and his three-month old baby were gone. So he looked for them, and

200m from their house, he found wife carrying his infant with a bunch of clothes. He requested
Cla
ssi his wife to go home. When Tomotorgo attempted to take the child away with him, Magddalena
fic
flung the baby on the grassy part of the road, which eventually infuriated Jaime. As a result, he
ati
on
then picked  a nearby piece of wood and began striking his wife until she collapsed
:
GE
NE
RA
L
complaining of severe pains on her chest. He brought his wife back to their house after

realizing what he had done. He also went back went back to the spot where the child was tossed.

After that, his wife already passed away despite multiple attempts to make her feel better.

Thereafter, he reported the incident to their Barangay Captain, who then took him to Policeman

Arellosa to whom Jzime surrendered. He first pleaded not guilty plea of the said crime but

eventually decided to amend his plea to guilty when he saw how serious his offense was.

Jaime argued that the lower court erred in their decision and that the punishment prescribed

should Art. 49 of RPC. The appellant claimed that he should the punishment for his intended

crime was physical injuries.

ISSUE/S.

W/N the accused should suffer the penalty prescribed for parricide.

HELD-RATIO

YES, the Supreme Court held that the accused is guilty of parricide and shall suffer the penalty

prescribed therefor. Article 4 of the Revised Penal Code states that a person committing a

felony shall incur criminal liability and should be liable for all the consequences of his/her

felonious acts, even if the said crime is different from that which he/she intended to

Cla do/commit.
ssi
fic
ati
The Court also sustained the ruling that the Jaime is not entitled to the benefits of the Indeterminate
on
:
Sentence Law. Article 49 of the RPC is not applicable in cases like this where more serious
GE
NE
RA
L
consequences not intended by the offender result from his felonious act. Instead, Article 4, par. 1

of the same code, he is liable for all the direct and natural consequences of his unlawful act.

In addition, Jaime’s reference to Article 263 of the RPC, prescribing the graduated penalties for

the physical injuries committed is misplaced and irrelevant considering that in this case the

victim died very soon after she was assaulted. The fact that the Jaime intended to maltreat his

wife only or inflict physical injuries does not exempt him from liability for the resulting and

more serious crime committed.

Cla
ssi
fic
ati
on
:
GE
NE
RA
L

You might also like