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People V Bituanan

1) Bituanan caught his wife Sabay sleeping in the same bed as another man, Ali Sabpa, after Bituanan and Sabay had been divorced according to Moro customs. Bituanan then killed Ali Sabpa and wounded Sabay. 2) The court found Bituanan guilty of murder. However, considering Moro customary law, he was sentenced to 12 years imprisonment rather than the standard penalty. 3) The defense argued that Article 423 of the Penal Code applied, which allows a husband to kill his wife's paramour if caught in the act of adultery. However, the court found that this did not apply since Bituanan did not

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111 views2 pages

People V Bituanan

1) Bituanan caught his wife Sabay sleeping in the same bed as another man, Ali Sabpa, after Bituanan and Sabay had been divorced according to Moro customs. Bituanan then killed Ali Sabpa and wounded Sabay. 2) The court found Bituanan guilty of murder. However, considering Moro customary law, he was sentenced to 12 years imprisonment rather than the standard penalty. 3) The defense argued that Article 423 of the Penal Code applied, which allows a husband to kill his wife's paramour if caught in the act of adultery. However, the court found that this did not apply since Bituanan did not

Uploaded by

Jae Montoya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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EN BANC

[G.R. No. 34510. August 31, 1931.]



THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v.
BITUANAN (Moro),Defendant-Appellant.

Pastor Kimpo for Appellant.

Attorney-General Jaranilla for appellee

SYLLABUS
1. MARRIAGE AND DIVORCE; VALIDITY OF DIVORCES
ACCORDING TO MORO CUSTOMS AND USAGES. The question
of whether or not a divorce of two Moros granted by a Datu according to Moro customs
and usages is valid is mentioned in the decision, but is not expressly decided.

2. CRIMINAL LAW; ARTICLE 423 OF THE PENAL CODE
CONSTRUED. The privilege given in article 423 of the Penal Code extends only to
the case of a husband who surprises his wife in the act of adultery, that is, actual carnal
knowledge, with her paramour. As an example, the article does not apply to a husband who
catches his wife sleeping with another man on the same bed.


D E C I S I O N


MALCOLM, J.:


Moro Bituanan and Mora Sabay were married by Datu Alon according to Moro customs
and usages. According to the same customs and usages, the Datu divorced the couple.
Twenty days afterwards, Bituanan caught Sabay and a Moro by the name of Ali Sabpa
sleeping on the same bed. Thereupon, Bituanan attacked Ali Sabpa and Sabay, killing the
former and wounding the latter.

In the Court of First Instance of Cotabato, Judge of First Instance Natividad found
Bituanan guilty of the crime of murder; but taking into consideration the provisions of section
166 of the Administrative Code of Mindanao and Sulu, sentenced the accused to twelve
years and one day of imprisonment, reclusion temporal, with the accessory penalties, to
indemnify the heirs of the deceased in the sum of P500, and to pay the costs. It is the sole
contention of counsel for the accused, on appeal, that the decision of the lower court should
be modified by applying article 423 of the Penal Code to the admitted facts. Said article
provides that "Any husband who, having surprised his wife in the act of adultery, shall kill her
or her paramour in the act, or shall inflict any serious physical injuries upon either, shall suffer
the penalty of destierro."cralaw virtua1aw library

The marriage of Bituanan and Sabay, performed according to the rites of the
Mohammedan religion, was valid. (Adong v. Cheong Seng Gee [1922], 43 Phil., 43.) This is
so because of the nature of the provisions of the Philippines, as prescribed by statute, are
two only adultery on the part of the wife, or concubinage on the part of the husband, as
determined by a proper court. (Francisco v. Tayao [1927], 50 Phil., 42.) Granting, without
necessarily having to decide, that Bituanan and Sabay were, accordingly, not legally
divorced, it only need be said that there is no evidence in the record showing that Bituanan
surprised Sabay and Ali Sabpa in the act of adultery when he killed the latter. The
privilege given in article 423 of the Penal Code extends solely to the case of a husband who
surprises his wife in the act of actual adultery, that is, actual carnal knowledge with her
paramour. (5 Viada, Codigo Penal Comentado, 5th ed., pp. 188-190, citing decisions of the
Supreme Court of Spain.) Judgment will be affirmed, with the costs of this instance against
the Appellant.

Avancea, C.J., Johnson, Street, Villamor, Romualdez, Villa- Real and Imperail, JJ.

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