[G.R. No.

L-36282 December 10, 1976]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
COSME MONLEON, accused-appellant.

FACTS:
At about 7:00 in the evening of June 1,1970, Accused Cosme Monleon
arrived home drunk and asked his wife, Concordia, whether their carabao
had been fed by their son, Marciano. Concordia assured him but upon
checking by Cosme, it was not adequately fed and he became furious. When
he was about to hit Marciano, Corcordia intervened, thereafter Cosme placed
himself astride Corcodia’s chest, squeezed her neck, pressed her head
against a post and kicked her in the abdomen. The following morning,
Corcordia vomited blood and thereafter, died due to “acute abdomen”. On
June 18, 1970, Cosme thumb marked a confession that he assaulted his wife
and that he repented for the wrong act which he had done to her. The CFI
found him guilty of parricide and sentenced him to reclusion perpetua and
payment of damages. After the judgement was read to Cosme in open court,
he asked that the penalty be reduced. The court advised him to appeal if he
was not satisfied with the penalty. The Solicitor General submits that the
judgement of conviction should be affirmed but recommends executive
clemency because the penalty of reclusion perpetua appears to be excessive
considering the degree of malic exhibited by Cosme Monleon.

ISSUE:
Whether or not there is sufficient justification for the Solicitor General to
recommend Cosme Monleon’s case to the Chief Executive for a reduction of
penalty.

RULING:
YES, the criminal liability is incurred by any person committing a felony
although the wrongful act done be different from that which he is intended.
The maltreatment inflicted by Cosme on Corcordia was the proximate cause
of her death. He was provoked to castigate his wife because she prevented
him from whipping his negligent son. The trial court did not appreciate any
mitigating circumstances in favour of Cosme. The Solicitor General is correct
in finding that the extenuating circumstances of lack of intent to commit so
grave a wrong and intoxication which was not habitual are present in this
case. Hence, the penalty imposable is reclusion perpetua but considering
that Cosme had no intention to kill his wife, the penalty of reclusion
perpetua appears to be excessive due to lack of appropriate medical
attendance. Therefore, there is sufficient justification for the Solicitor
General to recommend Cosme’s case to the Chief Executive for a reduction
of penalty