GR L 100204; (March, 1994) (Digest)
G.R. No. L-100204 March 28, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AURELIO CABALHIN y DACLITAN, accused-appellant.
FACTS
On February 22, 1987, at around 3:30 p.m., in Sitio Burol, Barangay San Juan, Taytay, Rizal, accused-appellant Aurelio Cabalhin stabbed three persons: his wife Marianita Atison, Flaviana Saldivia, and Rolito Saldivia. Marianita and Rolito died from their wounds, while Flaviana survived. Three separate Informations were filed: for Frustrated Murder (Criminal Case No. 3081) regarding Flaviana; for Murder (Criminal Case No. 3082) regarding Rolito; and for Parricide (Criminal Case No. 3094) regarding Marianita. The cases were consolidated. During trial, prosecution witnesses Robin Saldivia and Igmidio Ducay testified they saw appellant forcibly enter the Saldivia house and stab the victims. Appellant admitted the stabbings but claimed he caught his wife Marianita and Rolito Saldivia naked and engaged in sexual intercourse, which provoked his attack.
ISSUE
The primary issue was whether the trial court correctly convicted appellant of the crimes charged and properly appreciated the attendant circumstances.
RULING
The Supreme Court affirmed the trial court’s decision with modifications. The court held that the killing of Marianita constituted Parricide, not Murder, as the Information alleged she was his wife and the killing was qualified by treachery. The court found treachery was present as the attack was sudden and unexpected. For the killing of Rolito, the court found the crime was Homicide, not Murder, as the qualifying circumstance of treachery was not proven; the attack was not shown to be consciously adopted to ensure the killing without risk to appellant. For the wounding of Flaviana, the crime was Frustrated Homicide, not Frustrated Murder, as intent to kill was present but treachery was not proven. The court appreciated two mitigating circumstances in appellant’s favor: 1) passion and obfuscation, as he acted upon a powerful impulse upon catching his wife in flagrante delicto; and 2) voluntary surrender, as he went to the police station on the same night. The penalties were imposed accordingly.