G.R. No. 29396, November 9, 1928
PEOPLE OF THE PHILIPPINE ISLANDS vs. PRAXEDES AYAYA

Ponente: VILLAMOR, J.

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 was found wounded in the left upper eyelid and died days later. The defendant, in her sworn statement and testimony, claimed that on the night of the incident, she, her husband, and their son had been drinking. Upon returning home, her drunken husband preceded them and locked the door. When she and her son tried to enter, Benito resisted from inside. As the door gave way slightly, her son inserted his head into the opening. To prevent the door from crushing her son’s head, she jabbed her umbrella into the opening in a downward motion, not knowing if she hit her husband. She later found Benito in bed with a forehead wound. Her son corroborated her account. The trial court convicted her of parricide, considering mitigating circumstances, and sentenced her to *reclusion temporal*.

ISSUE

Whether Praxedes Ayaya incurred criminal liability for the death of her husband, Benito de la Cruz.

RULING

NO. The Supreme Court REVERSED the trial court’s judgment and ACQUITTED Praxedes Ayaya.

The Court found the defendant’s version credible and consistent with the evidence. Her act of jabbing the umbrella was a licit act performed to save her son from imminent danger of having his head crushed. There was no evidence of prior marital discord or motive to harm her husband. The injury caused to Benito was accidental and without criminal intent. Applying Article 8, No. 8 of the Penal Code (which exempts from criminal liability one who acts in the lawful performance of a duty or exercise of a right), the Court held that Ayaya incurred no criminal liability. The death resulted from an accident in the course of a justified act to prevent harm to her son. Thus, she was acquitted.