People vs. Pacana, Jr.

GR No. 179035, April 16, 2008

FACTS: The accused, Jesus Pacana, Jr., was charged with parricide with unintentional abortion. It was
stated that the accused, who is a butcher, went home at 6am where his pregnant wife is busy preparing
their children for school. It is in that scenario when the accused stabbed his wife 14 times that led to the
death of his wife and their unborn child. He then claimed that his act was self-defense because it is his
wife who first stabbed him for the reason that he wanted them to live separately because of the alleged
affair of his wife to an unknown man.

Angelina, the daughter of the accused and the deceased victim witnessed the scenarion and claimed
that the accused started the stabbing of the victim. Another witness was the victim's father who heard
the shout of the victim seeking for help and saw the lifeless body of the victim.

Issue: WON, the accused is guilty of parricide.

Ruling: Yes. The accused is guilty of parricide. According to Article 246 of the RPC, the crime of parricide
is committed when: (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. 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. The claim for
self-defense has no merit provided that the number of stab wounds shows that intent of the accused to
kill the victim.