People vs.

Rabao
Case under Article 13, Paragraph 5

Facts:

On the morning of December 15, 1937, defendant Catalino

Rabao and his wife Salvacion Agawa had a fight. The latter
was preparing water to be used for the bath of the spouse’s
child. Rabao told his wife not to bathe the child because it
had a cold, but the wife insisted, and a heated quarrel arose.
In the heat of the argument, Rabao punched his wife
Salvacion in the abdomen, and the latter suffered from an
spleen haemorrhage from which she died, despite the aid
rendered by the defendant himself. Rabao voluntarily
admitted to the aggression he imposed and surrendered to
the authorities after the incident. The court found Rabao
guilty of parricide, and is sentenced to death.

Issue:

Whether Rabao is entitled to mitigating circumstances under

Art. 13 of the Revised Penal Code

Held

Yes. After the court reviewed the facts, the court was
convinced that Rabao did not really have the intention of
committing so grave as a crime as parricide. The quarrel that
led to the aggression came from a natural and justifiable
desire of the defendant, Rabao, as a father, to prevent his ill
child from taking a bath. Furthermore, Rabao voluntarily
admitted to the aggression, and has surrendered himself to
the authorities after the incident. Hence, upon reviewing the
facts of the case and under the Art. 13 Par. (3) (5) (6) and (7),
Rabao’s sentence of death is mitigated to reclusion perpetua
and accessory penalties.