G.R. No. L-9577; February 10, 1915
THE UNITED STATES, plaintiff-appellee, vs. TUBBAN (Kalinga), defendant-appellant.

FACTS:
The accused, Tubban, a Kalinga youth under 18 years old and a member of an uncivilized tribe in Cagayan, was convicted of asesinato (murder) and sentenced to cadena temporal. He had been living with a girl named Dengon, around 15 years old, after a tribal wedding ceremony recognized by their tribe as a valid marriage, though it did not comply with the formalities of Philippine law. On June 22, 1913, Tubban discovered Dengon in the act of adultery with another tribesman, Dumog. In the heat of passion, Tubban struck Dumog with a head ax, inflicting a fatal wound. At trial, the defense invoked Article 423 of the Penal Code, which grants a penalty of destierro (banishment) or exemption from punishment to a husband who kills or injures his wife or her paramour upon catching them in flagrante delicto.

ISSUE:
Whether Tubban is entitled to the benefits of Article 423 of the Penal Code, which mitigates the penalty for a husband who kills his wife’s paramour upon discovering them in the act of adultery.

RULING:
No. The Supreme Court held that Article 423 applies only to lawfully married husbands under Philippine law. Since Tubban’s tribal marriage did not comply with the legal requisites (General Orders No. 68), he could not be considered a lawful husband entitled to the mitigation under Article 423. However, the Court considered two marked extenuating circumstances under the Penal Code: (1) Tubban and Dengon lived together and were recognized as husband and wife by their tribe (Article 9, subsection 8), and (2) Tubban was a member of an uncivilized tribe, of low intelligence and uneducated (Article 11, as amended). Additionally, as a minor under 18, he was entitled to a penalty one degree lower than that prescribed for adults. Applying Article 81 (as amended by Act No. 2298 ), which allows a further reduction of one degree when only extenuating circumstances are present, the Court modified the penalty. The sentence was reduced from cadena temporal to six years and one day of presidio correccional. The conviction was affirmed with modification.

Separate Opinion:
Justice Moreland dissented, arguing that Article 423 should apply to tribal marriages among wild tribes. He warned that the majority’s refusal to recognize such marriages would undermine the institution of marriage among non-Christian tribes and render their children illegitimate.