GR 35866; (March, 1932) (Digest)
G.R. No. 35866 ; March 23, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. TAMBAROSO (alias ONSO), defendant-appellant.
FACTS
The defendant-appellant, Tambaroso, was charged with parricide for killing Igong. The trial court found the evidence insufficient to prove a legal marriage between Tambaroso and the deceased. However, it found sufficient evidence that Tambaroso killed Igong without justification. The prosecution’s evidence included the testimony of Banting (the deceased’s child who witnessed the act), the defendant’s extrajudicial confession (Exhibit A), and corroborating witnesses. The defense presented testimony that Igong died a natural death.
ISSUE
Whether the trial court correctly convicted the defendant of homicide instead of parricide.
RULING
Yes, the conviction for homicide is affirmed. The trial court correctly did not qualify the crime as parricide because there was insufficient evidence of a legal marriage between the defendant and the deceased. Under Article 402 of the Penal Code then in force, the legality of the marriage is essential for the crime of parricide concerning spouses. The penalty imposed for homicide (fourteen years and eight months of reclusion temporal) was proper, considering the mitigating circumstance of the defendant’s lack of education.
AI Generated by Armztrong.