G.R. No. 29396 , November 9, 1928
PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. PRAXEDES AYAYA, defendant-appellant.

FACTS

Praxedes Ayaya was charged with parricide for allegedly killing her husband, Benito de la Cruz, by jabbing him with an umbrella on January 15, 1928, in Pagbilao, Tayabas. The prosecution presented evidence that Benito died from a cerebral hemorrhage caused by a wound on his left upper eyelid. The defendant admitted to jabbing with an umbrella toward the door of their house to prevent it from crushing her son’s head, which was stuck in the doorway, but claimed she did not know if she had hit her husband or caused the wound. The trial court convicted her of parricide, considering mitigating circumstances, and sentenced her to *reclusion temporal*.

ISSUE

Whether the defendant incurred criminal liability for the death of her husband.

RULING

No. The Supreme Court reversed the trial court’s decision and acquitted Praxedes Ayaya. The Court found that her act of jabbing the umbrella was a lawful act performed to save her son from imminent danger of serious injury. The injury to her husband was accidental and without criminal intent. Applying Article 8, No. 8 of the Penal Code (justifying circumstance of performance of a lawful act), the Court held that no criminal liability attached. The acquittal was with costs *de oficio*.