Case People vs. Malabago, G.R. No.

115686, 2 December 1996

Facts The accused was convicted by the RTC of Parricide. He was sentenced to
suffer the penalty of death and to indemnify the victim’s heirs of 50k.

Malabago stabbed his wife with a bolo during their altercation. This was
testified by the wife’s mother, Guillerma. Further, the relationship between
the accused and the victim was identified through her and the accused
himself.

Issue Is the accused guilty of parricide?

Ruling Yes, the accused is guilty of parricide. The relationship between him and the
victim was established through the oral evidence. Further, his conviction was
based on the clear, spontaneous, and straightforward testimony of the wife’s
mother. According to the testimony, the accused was identified to have had
hacked his wife twice during an altercation . Likewise, the medical findings
showed that the wife’s death was due to hack wounds, which was coherent
with the testimony. Thus, his alibi that he was in another place when the
killing took place was not appreciated by the Supreme Court.

Hence, in the presence of a mitigating circumstance of voluntary surrender,

his sentence was reduced to reclusion perpetua and affirm the
indemnification of 50k for the heirs.

Doctrine Elements:
(1) a person is killed;
(2) the deceased is killed by the accused;
(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.

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 is the marriage
certificate.

In the absence of a marriage certificate, however, oral evidence of the fact

of marriage may be considered by the trial court if such proof is not
objected to - semper praesumitur matrimonio.