520.

People vs Paycana

FACTS Paycana came home from the slaughter house where he worked as a butcher. He later stabbed his 7-month
pregnant wife 14 times, which was witnessed by their eldest daughter. Paycana was charged with the complex
crime of parricide with unintentional abortion. The accused contended that he acted in self-defense and claimed
that it was his wife who attacked him first. He later admits that he killed his wife and in the process put to death
their unborn child. Paycana was convicted of the same charge by RTC and Court of Appeals.

ISSUE Whether/not the accused is guilty of complex crime of parricide with unintentional abortion?

RULING Yes, the accused is guilty of the said crime in the killing of his 7-month pregnant wife.

The elements of parricide are:

(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 is the relationship of the offender to the victim. In the case of parricide of a spouse, the best
proof of relationship between the accused and the victim would be the marriage certificate. Here, the testimony of
the accused being married to the victim may also be taken as an admission.

Moreover, the accused is guilty of unintentional abortion since the fetus was also killed when Paycana stabbed his
wife several times.

More so, self-defense on the part of the accused was not established.

Thus, CA’s decision is affirmed.

DOCTRINE