G.R. No.

172695 June 29, 2007

PEOPLE OF THE PHILIPPINES, appellee
vs.
ISAIAS CASTILLO y COMPLETO, appellant
YNARES-SANTIAGO, J.:

FACTS:
On the evening of November 5, 1993, in the Municipality of Cabuyao, Province of
Laguna accused appellant arrived home drunk and in an angry mood. He kicked the door and
table and threw away the electric fan. Guillermo tried to prevail upon appellant but to no avail.
Instead, appellant got his sling and arrow which he kept near the ceiling. Later on a quarrel
between him and his wife Consorcia transpired. They were heard arguing and shouting by his
wife’s father Guillermo. Guillermo then requested his daughter-in-law Yolanda to look on her
sister-in-law. On her way, Yolanda met the appellant carrying Consorcia soaked in blood.
The RTC, Branch 24 of Biñan, Laguna convicted the accused for the crime of Parricide
which was then affirmed by the Court of Appeals sentencing him to a penalty of Reclusion
Perpetua.
ISSUE:
Whether or not the killing of accused appellant’s wife was accidental and not intentional?
RULING:
By no stretch of imagination could playing with or using a deadly sling and arrow be
considered as performing a "lawful act." Thus, on this ground alone, appellant’s defense of
accident must be struck down because he was performing an unlawful act during the incident,
thus Article 12, par. 4 of the Revised Penal Code does not apply to him as correctly found by the
trial court.

WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals dated
February 28, 2005 which affirmed with modification the judgment of the Regional Trial Court of
Biñan, Laguna, Branch 24, finding appellant Isaias Castillo y Completo guilty of parricide is
AFFIRMED.