G.R. No. 31268 / July 31, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. GUARDIANO MARQUEZ

FACTS

Guardiano Marquez was convicted of parricide for killing his wife, Oliva Sumampong. He admitted to the killing but claimed the justifying circumstance of having caught his wife in the act of adultery. However, his testimony at trial conflicted with his earlier statement during the preliminary investigation before the justice of the peace. In that earlier statement, he recounted that upon returning home at midnight, he found the house closed, knocked repeatedly, and after his wife opened the door, he saw a man jump out of the window. When he confronted his wife, she denied the man’s presence, and “for that reason alone he killed her.” At trial, it was also established that the deceased wife begged for forgiveness on her knees during the incident.

ISSUE

Whether or not the appellant is entitled to the justifying circumstance under Article 423 of the Penal Code (killing upon catching a spouse in the act of adultery) and, if not, what mitigating circumstances may be appreciated.

RULING

No, the justifying circumstance was not proven. The appellant failed to completely prove his defense of having surprised his wife in the act of adultery. His trial testimony, weakened by his prior inconsistent statement, was insufficient. The crime of parricide is therefore not justified.

However, the Court appreciated two mitigating circumstances: (1) immediate provocation on the part of the offended spouse (Art. 9, par. 4, Penal Code), inferred from the wife’s act of begging for pardon on her knees, which suggested her guilt and provoked the appellant; and (2) passion and obfuscation (Art. 9, par. 7, Penal Code), as the appellant, upon seeing a man jump from his window, was overcome by a legitimate belief in his wife’s infidelity.

Applying Rule 5 of Article 81 of the Penal Code (as amended), since two mitigating circumstances were present with no aggravating circumstance, the penalty imposable is the one next lower to that prescribed by law. The penalty for parricide is reclusión perpetua to death. The penalty next lower, as the prescribed penalty is composed of two indivisible penalties, is prisión mayor in its maximum period to reclusión temporal in its medium period. In the exercise of judicial discretion, the Court modified the penalty from life imprisonment (reclusión perpetua) to twelve (12) years and one (1) day of reclusión temporal. The indemnity and costs were affirmed.