People vs Gelaver Digest
Facts: At 7:00 a - People vs Gelaver Digest introduction. m. of March 24, 1988, Randy Mamon heard shouts coming from the house of Tessie Lampedario in Barangay Poblacion, Municipality of Sto. Nino, South Cotabato. He saw the appellant and a woman having a heated argument. Thereafter, appellant held the neck of the victim, dragged her and with a knife on his right hand, stabbed the latter three times on the breast. Appellant then went out of the gate and fled in the direction of the public market of Sto Nino.
Crime: Parricide. Accused: Appellant continued to stab his wife stating that his mind had been “dimmed” or overpowered by **passion and obfuscation by the sight of his wife having carnal act with her paramour. Appellant faults the trial court in imposing the penalty of reclusion perpetua for the crime of parricide, instead of the penalty of destierro for killing under exceptional circumstances pursuant to *Article 247 of the Revised Penal Code. State: The natural thing for a person to do under the circumstances was to report to the police the reason for killing his wife.
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Appellant failed to inform the police that he killed his wife when he saw her having sexual intercourse with her paramour. His testimony is tainted with inconsistencies such as the exact moment when he saw her wife and her paramour, that he did not know the paramour’s name despite living in the same town, and alleging that his daughter informed by his daughter that his wife and paramour were living at a house. Held: The trial court erred in finding the presence of the mitigating circumstance of passion or obfuscation “as a result of his (appellant’s) wife leaving their home and their children. Before this circumstance may be taken into consideration, it is necessary to establish the existence of an unlawful act sufficient to produce such a condition of mind.
The act producing the obfuscation must not be far removed from the commission of the crime by a considerable length of time, during which the accused might have recovered his equanimity. (The crime was committed almost a year after the victim had abandoned the conjugal dwelling. * Before Article 247 of the Revised Penal Code can be operative, the following requisites must be compresent: 1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person. 2. That he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter. 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. These requisites must be established by the defense.