Leonen, J.:: Perpetua and Ordered Him To Pay The Children of The Deceased The
Leonen, J.:: Perpetua and Ordered Him To Pay The Children of The Deceased The
Leonen, J.:: Perpetua and Ordered Him To Pay The Children of The Deceased The
:
There is never any justification for a husband to hit his wife with a maso
(mallet).
This resolves the appeal[1] of the Court of Appeals' July 17, 2013 Decision,
[2]
affirming the February 4, 2010 Decision[3] of Branch 206, Regional
Trial Court, Muntinlupa City, which found Abenir Brusola (Abenir)
guilty beyond reasonable doubt of parricide under Article 246 of the
Revised Penal Code. The trial court imposed the penalty of reclusion
perpetua and ordered him to pay the children of the deceased the
amount of P50,000.00 as indemnity and P50,000.00 as moral damages.
[4]
Contrary to Law.[5]
Abenir worked in Saudi Arabia as a mason, a steel man, and a pipe fitter
from 1986 until he returned in 1992, when his sister informed him that
Delia had a paramour. He and his family lived in Muntinlupa City while
he worked for the Makati Development Corporation until 2001, when he
moved them to Batangas where Delia's family could take care of them,
considering that he was often at work. Sometime in September 2002, at
around 2:00 a.m., he was on his way to their house in Batangas when he
saw his brother-in-law on the road. When his brother-in-law saw him, he
ran inside Abenir's house and re-emerged with a shirtless man. When
Abenir went inside, he asked Delia why she was still awake and who the
shirtless man was. Delia just nagged him so he slept as he was very tired.
The following day, he went to the store, and some men mocked him.
Abenir later asked Delia about the shirtless man again. Delia responded
by throwing a glass at him. Thus, Abenir went back to Alabang in 2006
to avoid mockery and a fight with his brother-in-law.[10]
On the night of July 12, 2006, Abenir came home at around 7:00 p.m. or
8:00 p.m. Two (2) of his children were asleep and one (1) was watching
the television. While Abenir was preparing things, Delia went outside.
She appeared to be waiting for somebody. After taking a bath, she fixed
her face. When Abenir asked if Delia was going somewhere, she said it
was none of his business. Abenir went to the bathroom for his personal
effects. While inside, he heard people talking outside and looked out
through a crack in the plywood wall. He saw a man and a woman kiss
and identified the woman as Delia, who told the man, "Huwag muna
ngayon, nandiyan pa siya." The man embraced her, and groped her
breast and private parts. Abenir picked up the maso, went outside, and
approached them, who were surprised to see him. Abenir attacked the
man who used Delia as a shield and pushed her toward Abenir, causing
them to stumble on the ground. Delia went inside while Abenir chased
the man. After a failed pursuit, he returned to the house where Joanne
hugged him and inquired what happened. Abenir answered that Delia
was having an affair. He noticed that Kristofer was carrying Delia whose
head was bleeding. He instructed his children to take her to the hospital.
He informed Joanne that he would surrender and asked his children to
call the barangay officials and the police. He voluntarily went with the
officers to the police station where he learned that Delia was hit on the
head. He asserted that he planned to attack the man whom he saw was
with his wife but accidentally hit Delia instead.[11]
In the service of his sentence, the accused shall be credited with the
period of his preventive imprisonment.
SO ORDERED.[13]
Abenir appealed the trial court Decision to the Court of Appeals. [14] He
argued that there was inconsistency between the testimonies of Joanne
and Abegail.[15] Moreover, Joanne, the prosecution's lone eyewitness to
the attack, purportedly had ill motive against him since he had opposed
her plans of early marriage.[16] Further, in imposing the penalty
of reclusion perpetua, the trial court did not consider the mitigating
circumstances of passion, obfuscation, and voluntary surrender.[17]
The Court of Appeals found no merit in Abenir's arguments. Thus, in the
Decision[18] dated July 17, 2013, the Court of Appeals affirmed the trial
court's findings:
SO ORDERED.[19]
After considering the parties' arguments and the records of this case, this
Court resolves to dismiss accused-appellant Abenir's appeal for failing to
show reversible error in the assailed decision.
Article 246. Parricide. – Any person who shall kill his father, mother, or
child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to death.
Thus, this Court quotes with approval the Court of Appeals' Decision:
The penalty for parricide imposed by Article 246 of the Revised Penal
Code is reclusion perpetua to death. Since two mitigating circumstances
and no aggravating circumstance have been found to have attended the
commission of the offense, the penalty shall be lowered by one (1)
degree, pursuant to Article 64 of paragraph 5 of the same Code. The
penalty of reclusion temporal in its medium period is imposable,
considering that two mitigating circumstances are to be taken into
account in reducing the penalty by one degree, and no other modifying
circumstances were shown to have attended the commission of the
offense. Under the Indeterminate Sentence Law, the minimum of the
penalty shall be within the range of that which is next lower in degree
— prision mayor — and the maximum shall be within the range of the
medium period of reclusion temporal.
Considering all the circumstances of the instant case, we deem it just and
proper to impose the penalty of prision mayor in its minimum period,
or six (6) years and one (1) day in prison as minimum; to reclusion
temporal in its medium period, or 14 years 8 months and 1 day as
maximum. Noting that appellant has already served the minimum
period, she may now apply for and be released from detention on parole.
[31]
(Citations omitted)
7. Within the limits of each period, the courts shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater or lesser
extent of the evil produced by the crime.
Considering that the penalty for parricide consists of two (2) indivisible
penalties—reclusion perpetua to death—Rule 63, and not Rule 64, is
applicable. Thus, the penalty of reclusion perpetua was properly
imposed.
The promise of forever is not an authority for the other to own one's
spouse. If anything, it is an obligation to love and cherish despite his or
her imperfections. To be driven to anger, rage, or murder due to jealousy
is not a manifestation of this sacred understanding. One who professes
love should act better than this. The accused-appellant was never
entitled to hurt, maim, or kill his spouse, no matter the reasons. He
committed a crime. He must suffer its consequences.
SO ORDERED.
[1]
The appeal was filed under RULES OF COURT, Rule 124, sec. 13(c).
[2]
Rollo, pp. 2-11. The Decision, docketed as CA-G.R. CR-HC No. 04419,
was penned by Associate Justice Melchor Q.C. Sadang and concurred in
by Associate Justices Celia C. Librea-Leagogo and Franchito N.
Diamante of the Fifteenth Division, Court of Appeals, Manila.
[3]
CA rollo, pp. 15-27. The Decision, docketed as Criminal Case No. 06-
650, was penned by Judge Patria A. Manalastas-De Leon of Branch 206,
Regional Trial Court, Muntinlupa City.