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People v. Dalag (G.R. No. 129895, 30 April 2003)

Armando Dalag, a police officer, was found guilty of parricide for killing his wife Leah. The couple had been arguing when Armando, who was drunk, kicked and punched Leah repeatedly. She fled but he followed and forced her back inside. When she fell unconscious, he tried CPR but she died 7 days later. The court found the elements of parricide were met since Leah was Armando's wife and he caused her death. Armando claimed her injuries were from an accidental fall but the court ruled he was guilty beyond reasonable doubt.

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590 views1 page

People v. Dalag (G.R. No. 129895, 30 April 2003)

Armando Dalag, a police officer, was found guilty of parricide for killing his wife Leah. The couple had been arguing when Armando, who was drunk, kicked and punched Leah repeatedly. She fled but he followed and forced her back inside. When she fell unconscious, he tried CPR but she died 7 days later. The court found the elements of parricide were met since Leah was Armando's wife and he caused her death. Armando claimed her injuries were from an accidental fall but the court ruled he was guilty beyond reasonable doubt.

Uploaded by

Christine Casidsid
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEOPLE V. DALAG, G.R. NO.

129895, 30 APRIL 2003


Parricide (Art. 246)

KEYWORDS: “police brutality against wife”


CALLEJO, SR., J.: The key element in parricide is the relationship of the offender with the victim. In the case of parricide of a
spouse, the best proof of the relationship between the accused and the
deceased would be the marriage certificate.

FACTS:
• APPEAL from a decision of RTC Bacolod finding PO3 Armando Dalag guilty of parricide for killing his wife, Leah Nolido Dalag
and sentencing him to reclusion perpetua.
• Armando Dalag, member of PNP is married to the Leah Dalag with 3 children. Armando was drunk when they started
quarreling because Leah admonished him for drinking liquor. Armando was seen to be kicking and punching Leah on the
different parts of her body.
• In the process, Armando stepped on a nail which prompted Leah to seek help from neighbors. She then fled but Armando
followed her then herded her back to the house. As she was being pushed by Armando, Leah fell to the ground and lost
consciousness.
• Armando then tried to revive Leah by CPR to no avail. The following day, Leah remained unconscious. She died 7 days later.
• In his defense, Armado said that Leah’s injuries were the result of a bad fall after slipping on a rock.

RTC RULING: Guilty beyond reasonable doubt of parricide for killing his wife and sentenced him to the penalty of reclusion
perpetua.

ISSUE: What was the crime committed?

RULING: Parricide. The prosecution proved all the essential elements of parricide, to wit:
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, or a legitimate other ascendant or other
descendant, or the legitimate spouse of the accused.

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