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People v. Takbobo, 244 SCRA 134, June 30, 1993

Crim Law 1

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22 views2 pages

People v. Takbobo, 244 SCRA 134, June 30, 1993

Crim Law 1

Uploaded by

rolan.mercado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case Digest

People v. Takbobo | G.R. No. 102984 | June 30, 1993

Facts:
• Accused-appellant Ruben Takbobo is a middle-aged fisherman who maricd
victim Lucia Takbobo in 1969. They were residing at Ginatilan, Cebu at the
time of the incident, together with their youngest daughter Madilyn. •
Madilyn recounted that on the night of March 25, 1991, she was awakened
by noise caused by a quarrel between her parents. Afterwards, she saw her
father taking a hunting knife and a bolo from a cabinet and used them to hack
her mother on her fect, neck, hands, armpit, and breasts. • On the following
morning, she found her mother dead and the accused escaped. • Meanwhile,
shortly after the incident, the accused surrendered himself to the police
authorities and told them about the same. • However, contrary to the
prosecution's story, accused claimed, as a defense, that he killed his wife
because he caught her sleeping with another man their neighbor, Cadiz
Catulong. • He tried to kill him by stabbing him but his wife pushed the man
who then immediately jumped out of the window. As a result, his wife was hit
by his thrust, He then found out that his wife had no panty. • He tried to look
for Cadiz Catulong but failed to find him. He immediately related the incident
to the police though he was notable to execute his affidavit as he was then
very confused. • The Prosecutor charged him for parricide. During his
arraignment, accused pleaded guilty. • Accordingly, the trial court rendered
judgment finding appellant guilty as charged, imposing upon him the penalty
of reclusion perpetua and ordering him to indemnify the heirs of the
deceased.

Issue:
Whether or not the lower court erred in not appreciating the mitigating
circumstances of passion and obfuscation, voluntary surrender and voluntary
plea of guilty.

Ruling:
The trial court correctly found the accused guilty of parricide as charged in the
information. However, the decision of the lower court the penalty imposed
was not correct since the rule applicable in said case is found in Article 63,
and not in Article 64, of the Code.
Ratio:
Article 246 defines the crime of parricide and imposes thereof the penalty of
reclusion perpetua to death. Applying Article 63, when the penalty is
composed of two indivisible penalties, the penalty cannot be lowered by one
degree, no matter how many mitigating circumstances are present. What
obviously misled the parties in this case is that they overlooked the fact that
the so-called special mitigating circumstance that they rely on, that is, when
there are two or more mitigating circumstances and no aggravating
circumstance the court shall impose the penalty next lower to that prescribed
by law, is found in paragraph 5 of Article 64, which, as its epigraph shows,
provides the rules for the application of penalties which contain three
periods," meaning, divisible penalties. • The inapplicability thereof to the
present case has long been settled. When there are two or more mitigating
circumstances and no aggravating circumstance but the imposable penalties
are indivisible in nature, the court cannot proceed by analogy with the
provisions of paragraph 5 of Article 64 and impose the penalty lower by one
degree. • Thus, in a parricide case, the trial court imposed the penalty next
lower, which is reclusion temporal, applying paragraph 5 of Article 64 since
the crime was attended by two mitigating circumstances without any
aggravating circumstance.

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