PEOPLE OF THE PHILIPPINES VS LUIS ANTONIO GARCHITORENA G.R. No. 184172, May 8, 2009
Parricide
FACTS:
On appeal is the 21 January 2008 Decision
of the Court of affirming the conviction of appellant Luis Antonio
Garchitorena of the crime of parricide by the Regional Trial Court (RTC)
of Quezon City. The accusatory portion of the information reads: That on or about the16th day of [August 2000], in Quezon City,
Philippines, the above-named accused, being then the legitimate husband
of FLORDELIZA TABLA GARCHITORENA, with intent to kill, did then and
there, [willfully], unlawfully and feloniously attack, assault and
employ personal violence upon the person of said FLORDELIZA TABL[A]
GARCHITORENA, his wife, by then and there shooting her with a gun,
hitting her on the head, thereby inflicting upon her serious and mortal
wound, which was the direct and immediate cause of her untimely death,
to the damage and prejudice of the heirs of said FLORDELIZA TABLA
GARCHITORENA.
ISSUE:
ISSUE:
Is accused guilty of parricide? Ruling: YES.The
elements of the crime of parricide are: (1) a person is killed; (2)
the deceased is killed by the accused; and (3) the deceased is the
father, mother or child, whether legitimate or illegitimate, of the
accused or any of his ascendants or descendants, or his spouse.
RULING:
RULING:
All
the above elements were sufficiently proven by the prosecution. It was
stipulated during the pre-trial that appellant and the victim are
married on 24 August 1999. That the appellant killed the victim was
proven specifically by circumstantial evidence.
As aptly stated by the trial court:
In the instant case, the totality of the circumstances warrant a finding that accused is guilty beyond reasonable doubt of the crime charged. The fact that accused and the deceased were the only persons in the bedroom when the shooting incident occurred is undisputed. Secondly, there was an argument between the spouses, as narrated by the accused to the police investigator and during trial. Thirdly, accused, giving no logical excuse, got a gun. In this, the Court finds criminal purpose. Also, there is a finding by this Court of improbability of the deceased shooting herself.
As aptly stated by the trial court:
In the instant case, the totality of the circumstances warrant a finding that accused is guilty beyond reasonable doubt of the crime charged. The fact that accused and the deceased were the only persons in the bedroom when the shooting incident occurred is undisputed. Secondly, there was an argument between the spouses, as narrated by the accused to the police investigator and during trial. Thirdly, accused, giving no logical excuse, got a gun. In this, the Court finds criminal purpose. Also, there is a finding by this Court of improbability of the deceased shooting herself.