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People Vs Coricor

The defendant was found guilty of murder and sentenced to life imprisonment for killing his uncle Pedro Lego after discovering Lego having an illicit relationship with the defendant's wife Isabel. The court determined that the killing occurred under exceptional circumstances according to Article 247 of the Revised Penal Code, which allows for a killing committed by a spouse discovering adultery. The court modified the defendant's sentence to 2 years, 4 months, and 1 day of banishment under Article 247.

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Ronnie Rimando
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247 views1 page

People Vs Coricor

The defendant was found guilty of murder and sentenced to life imprisonment for killing his uncle Pedro Lego after discovering Lego having an illicit relationship with the defendant's wife Isabel. The court determined that the killing occurred under exceptional circumstances according to Article 247 of the Revised Penal Code, which allows for a killing committed by a spouse discovering adultery. The court modified the defendant's sentence to 2 years, 4 months, and 1 day of banishment under Article 247.

Uploaded by

Ronnie Rimando
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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People vs Coricor

fact that, according to the testimony of the accused, not contradicted by the same Catalina

People vs Coricor

Regis, he went twice to her to complain about the illicit relations between Pedro Lego and

G.R. No. L-48768

Isabel, to the extent that appellant manifested to Catalina that if he should surprise Lego in

December 4, 1971

flagrant copulation with Isabel, he will kill them and would forget that Lego is his uncle.

Facts:

The court applied in the case at bar Art 247, the death or physical injuries inflicted under
exceptional circumstances. Conjugal fidelity committed by a married woman and her paramour

Appellant was sentenced to reclusion perpetua, to indemnify the heirs of the deceased Pedro

is punished, as adultery, by article 333 of the Revised Penal Code with from 4 months to 6 years

Lego in the sum of P2,000, and to pay the costs, having been found by the lower court guilty of

of imprisonment, and the one committed by a husband and his mistress, as concubinage, by

murder committed on September 15, 1941. The evidence for the prosecution was presented on

article 334, with imprisonment from 6 months and 4 years and 2 months for the erring husband

October 20 and 21, 1941, and the evidence for the defense on October 21 and 22, 1941. Six

and banishment for the mistress. Under article 334, not all cases of conjugal infidelity committed

witnesses testified for the prosecution.

by a husband is punishable. The great majority of them are left unpunishable. No fiscal will think
of prosecuting the husband who should indulge in sexual intercourse with discreet mistresses or

Issue:

with prostitutes. For such acts of conjugal infidelity, some punishable with short terms of
imprisonment, others with simple banishment, and still others not punishable at all, article 247, in

W/O accused-appellant committed the crime of murder under Art 248 or death or physical

effect, confers to the offended spouse the power to inflict the supreme penalty of death. The

injuries inflicted under exceptional circumstances under Art. 247 of the RPC?

banishment provided for the killer is intended more for his protection than as a penalty. Such a
twisted logic seems possible only in a paranoiac mind. It is high time to relegate article 247 to

Held:

where it properly belongs, to the memory of the sins that humanity promised to herself never to
commit again. The majority of the Court, however, opines otherwise.

A careful weighing of the evidence both of the prosecution and the defense leads us to the
conclusion that appellant's version as to the circumstance under which Pedro Lego was killed is

For all the foregoing, setting aside the appealed decision, appellant is found guilty of the offense

the more credible. That appellant should have gone to the house of Severino Regis to invite

of having killed Pedro Lego as punished by article 247 of the Revised Penal Code and,

Pedro Lego and his wife to come to appellant's house so as to advise Isabel, because she had a

accordingly, is sentenced to 2 years, 4 months and 1 day of banishment, and to indemnify the

paramour, one Saturnino Caaya, as testified to by Catalina Regis, appears not to tally with the

heirs of Pedro Lego in the sum of P2,000.

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