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The CFI found him guilty beyond reasonable doubt, of the complex crime of
Parricide with Intentional Abortion, he is hereby sentenced to suffer the penalty of
DEATH, to indemnify the heirs of the deceased Marciano Abuyo in the sum of
P12,000.00 and to pay the costs. "For unselfish, valuable and exemplary service
rendered by counsel de oficio, Atty. Marciano C. Dating, Jr., a compensation of
P500.00 is hereby recommended for him subject to the availability of fund. Since
the accused was sentenced to death, this becomes an automatic review before the
Supreme Court.
The defense had for witnesses Geronimo Villan, Juanito Bragais, Angeles Liling
Balce and the accused Filomeno Salufrania.Geronimo Villan testified that he was a
neighbor of Filomeno Sulfrania whio tried to help him administer a native treatment
around 6am in the morning of December 4, 1974, but she died around 7am.
Witness Juanita Bragais testified that he was fetched by Felipe Salufrania, another
son of Filomeno Salufrania Marciana Abuyo was already dead so he just helped
Filomeno Salufrania in transferring the body of his wife to the house of the latter's
brother-inlaw.Angeles Liling Balce, who claimed to be a former resident she
arrived in the house of Filomeno Salufrania at about 6:00 o'clock in the morning
Marciana still in a coma lying on the lap of her husband who informed her that
Marciana was suffering from an old stomach ailment. The accused admitted that he
was that lawful husband of the deceased Marciana Abuyo; that he sent r Juanito
Bragais but the latter was not able to cure his wife, that there was no quarrel
between him and his wife that preceded the latter's death, and that during the
lifetime of the deceased, they loved each other; that after her burial, his son Pedro
Salufrania was taken by his brother-in-law Narciso Abuyo and since then, he was
not able to talk to his son until during the trial; and that at the time of death of his
wife, aside from the members of his family, Geronimo Villan Francisco Repuya and
Liling Angeles Balce were also present.Appellant alleges that the trial court failed to
determine the competence of Pedro Salufrania before he was allowed to testify. He
also questions the competence of Dr. Dyquiangco as an expert witness, and
alleges that the findings of Dr. Dyquiangco and the testimony of Pedro Salufrania
do not tally. But this contention is without merit. The Court notes, first of all, that
appellant did not even bother to discuss his defense in order to refute the massive
evidence against him. This is tantamount to an admission that he could not
adequately support his version of Marciana Abuyo's death.Lastly, appellant alleges
that, assuming he indeed killed his wife, there is no evidence to show that he had
the intention to cause an abortion. In this contention, appellant is correct. He should
not be held guilty of the complex crime of Parricide with Intentional Abortion but of
the complex crime of Parricide with Unintentional Abortion. The elements of
Unintentional Abortion are as follows:
1. That there is a pregnant woman. 2. That violence is used upon such pregnant
woman without intending an abortion. 3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies, either in the womb or after having
been expelled therefrom.
ISSUE: Whether or not the trial court erred in its ruling of complex crime with
parricide and intentional abortion?
FACTS:
March 20, 1983 Early Morning: Cristina S. Abayan, 19-year old freshman
student at the St. Joseph's College, arrived at her boarding house after her
classmates brought her home from a party. She knocked at the door of her
boarding house when a frequent visitor of another boarder held her and
poked a knife to her neck. Despite pleading for her release, he ordered her to
go upstairs with him. Since the door which led to the 1st floor was locked
from the inside, they used the back door to the second floor. With his left arm
wrapped around her neck and his right hand poking a "balisong" to her neck,
he dragged her up the stairs. When they reached the second floor, he
commanded herwith the knife poked at her neck, to look for a room. They
entered Abayan's room. He then pushed her hitting her head on the wall.
With one hand holding the knife, he undressed himself. He then ordered her
to take off her clothes. Scared, she took off her T-shirt, bra, pants and panty.
He ordered her to lie down on the floor and then mounted her. He made her
hold his penis and insert it in her vagina. Still poked with a knife, she did as
told but since she kept moving, only a portion of his penis entered her. He
then laid down on his back and commanded her to mount him. Still only a
small part of his penis was inserted into her vagina. When he had both his
hands flat on the floor. She dashed out to the next room and locked herself in.
When he pursued her and climbed the partition, she ran to another room then
another then she jumped out through a window.
Still naked, she darted to the municipal building, 18 meters in front of the
boarding house and knocked on the door. When there was no answer, she
ran around the building and knocked on the back door. When the policemen
who were inside the building opened the door, they found her naked sitting on
the stairs crying. Pat. Donceras, took off his jacket and wrapped it around her.
Pat. Donceras and two other policemen rushed to the boarding house where
they heard and saw somebody running away but failed to apprehend him due
to darkness. She was taken to Eastern Samar Provincial Hospital where she
was physically examined.
Her vulva had no abrasions or discharges.
RTC: frustrated rape
ISSUE: W/N there is frustrated rape.
HELD: NO. RTC MODIFIED. guilty beyond reasonable doubt of the crime of
rape and sentenced to reclusion perpetua as well as to indemnify the victim in
the amount of P30,000
Correlating Art. 335 and Art. 6, there is no debate that the attempted and
consummated stages apply to the crime of rape.
Requisites of a frustrated felony are:
o (1) that the offender has performed all the acts of execution which would
produce the felony
o (2) that the felony is not produced due to causes independent of the
perpetrator's will
attempted crime the purpose of the offender must be thwarted by a foreign
force or agency which intervenes and compels him to stop prior to the
moment when he has performed all of the acts which should produce the
crime as a consequence, which acts it is his intention to perform
o If he has performed all of the acts which should result in the
consummation of the crime and voluntarily desists from proceeding further, it
can not be an attempt.
in the crime of rape, from the moment the offender has carnal knowledge
of his victim he actually attains his purpose and, from that moment also all the