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CASE DIGEST - GR No. 1053

The defendant Vargas returned home and discovered his wife lying with Simeon Alberto. Vargas drew his bolo and Alberto fled through the window. Vargas pursued Alberto and killed him. The lower court believed Vargas' testimony but did not apply article 423 of the Penal Code, sentencing Vargas to 8 years in prison. The higher court ruled that the discovery, escape, pursuit, and killing were a continuous act, so article 423 applied. The court reversed the lower court's judgment and sentenced Vargas to 2 years and 4 months of destierro, payment of 1,000 pesos to Alberto's heirs, and prohibited Vargas from entering within 25 km of Santa Monica barrio for the destierro term.

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280 views1 page

CASE DIGEST - GR No. 1053

The defendant Vargas returned home and discovered his wife lying with Simeon Alberto. Vargas drew his bolo and Alberto fled through the window. Vargas pursued Alberto and killed him. The lower court believed Vargas' testimony but did not apply article 423 of the Penal Code, sentencing Vargas to 8 years in prison. The higher court ruled that the discovery, escape, pursuit, and killing were a continuous act, so article 423 applied. The court reversed the lower court's judgment and sentenced Vargas to 2 years and 4 months of destierro, payment of 1,000 pesos to Alberto's heirs, and prohibited Vargas from entering within 25 km of Santa Monica barrio for the destierro term.

Uploaded by

Juvy Cambaya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CASES DIGESTs #2

GR No. 1053
1. G.R. No. 1053. May 7, 1903
THE UNITED STATES, Complainant-Appellee, v. MAMERTO VARGAS, ET AL.,
Defendants-Appellants.
Thomas L. Hartigan for Appellants.
Solicitor-General Araneta for Appellee.

CRIMINAL LAW; HOMICIDE; KILLING OF WIFE’S PARAMOUR. — Where the defendant surprises his wife
and her paramour, and the latter takes flight and is immediately pursued and killed, the killing is "in the act" within
the meaning of article 423. Penal Code, and the penalty should be destierro.

FACTS

Simeon Alberto on May 20, 1902, was attacked and severely wounded. To the persons who went to his assistance he
stated that the defendants had assaulted him. He said nothing of the motive. He died the next day. There was no
other evidence for the Government. Manalastas was acquitted by the court. The defendant Vargas testified that, on
returning to his house on the day in question, he found Alberto lying with his (the defendant’s) wife; that he drew
his bolo; Alberto wife; that he drew his bolo; Alberto escaped through the window; that he, the defendant, pursued
him, overtook him, and killed him. There was evidence that the relations existing between Alberto and the wife of
the defendant had been the subject of common talk in the barrio.

ISSUES

Whether the judge who apparently believed the testimony of the defendant, but, being of the opinion that article 423
of the Penal Code was not applicable, did not err in sentencing the defendant to eight years of prision mayor?

RULINGS

The court agree as to the facts, but not as to the application of said article 423. This article fixes the penalty of
destierro when the husband kills the offender "in the act." In this case the discovery, the escape, the pursuit, and the
killing were all parts of one continuous act.

The judgment of the court is reversed, and the defendant Vargas is condemned to the penalty of destierro for the
term of two years four months and one day, to pay the heirs of the deceased 1,000 pesos, and in case of insolvency
to subsidiary destroy for a term which cannot exceed one-third of the above penalty, he being prohibited from
entering in a radius of 25 kilometers from the barrio of Santa Monica, in the pueblo of Floridablanca, in the Province
of Pampanga, during the term aforesaid, with costs to the Appellant.

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