GR L 9267; (March, 1914)
March 1, 1914GR L 9294; (March, 1914)
March 1, 1914EN BANC
G.R. No. L-9291; March 2, 1914
THE UNITED STATES, plaintiff-appellee,
vs.
CAMILA CUNANAN, defendant-appellant.
John W. Haussermann for appellant.
Office of the Solicitor-General Harvey for appellee.
TRENT, J.:
This is an appeal by the defendant, Camila Cunanan, from a judgment of the Court of First Instance of Tarlac, condemning her to fifteen years imprisonment in Bilibid, to indemnity the injured party, and to pay the cost of the case, for the crime of frustrated parricide.
The evidence of record establishes beyond a reasonable doubt the guilt of the appellant of the crime charged. The penalty imposed is not in accordance with the law and the facts in the case. The information charges that the crime was committed with treachery. Treachery not being an element of the crime of frustrated parricide it must be taken as a generic aggravating circumstance. (U.S. vs. Villanueva, 2 Phil., Rep., 61.) There being no extenuating circumstances the minimum degree of the penalty must be imposed in accordance with the articles 65 and 95 of the Penal Code.
The judgment is therefore modified by substituting seventeen years four months and one day of reclusion temporal is also condemned to suffer the accessory penalties provided by law. In all other respect the judgment is affirmed.
Arellano, C.J., Carson, Moreland and Araullo, JJ., concur.
Batas Pinas
