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PARRICIDE; ELEMENTS

PEOPLE OF THE PHILIPPINES VS. PO3 ARMANDO DALAG


G.R. No. 129895, April 30, 2003
Facts: Armando Dalag, a member of the Philippine National Police, was lawfully married to Leah Nolido
Dalag. They had three children. Their marriage was far from idyllic. Their covertures were marred by
violent quarrels, with Leah always at the losing end. Each time the couple had a quarrel, she sustained
contusions, bruises and lumps on different parts of her body.
On August 15, 1996, Armando was drinking when Leah admonished him not to do so. Leah was then
banged on the wall by Armando. Then he pushed and kicked Leah on the left side of her body which
caused her to fall on the ground. Even as Leah was already lying prostrate, Armando continued to beat her
up, punching her on the different parts of her body. Leah then fled to the house of Felia Horilla but
Armando ran after her and herded her back to their house. Leah fell again to the ground and lost her
consciousness. The trial court convicted Armando of parricide.
Issue: Whether the trial court correctly convicted the accused.
Held: Yes, the trial court correctly concluded that the injuries sustained by Leah that caused her death
were the consequence of the appellants deliberate and intentional acts.
The crime of parricide is defined by Article 246 of the Revised Penal Code thus: Any person who shall kill
his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.
The prosecution is mandated to prove the following essential elements: (1) a person is killed; (2) the
deceased is killed by the accused; and (3) the deceased is the father, mother or child, whether legitimate
or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the
accused. The prescribed penalty for the crime is reclusion perpetua to death. The key element in parricide
of a spouse, the best proof of the relationship between the accused and the deceased would be the
marriage certificate.

WHEREFORE, the Court


hereby AFFIRMS with MODIFICATION the Decision dated August
21, 2007 of the Court of Appeals in CA-G.R. CR.-H.C. No.
00282. The accused-appellant Rosendo Rebucan y Lamsin is
found GUILTY of two (2) counts of murder for the deaths of Felipe
Lagera and Ranil Tagpis, Jr. and is hereby sentenced to suffer the
penalty of reclusion perpetua for each count. The accusedappellant is further ordered to indemnify the respective heirs of
the victims Felipe Lagera and Ranil Tagpis, Jr. the amounts
of P50,000.00 as civil indemnity, P50,000.00 as moral
damages, P30,000.00 as exemplary damages and P25,000.00 as
temperate damages for each victim, plus legal interest on all
damages awarded at the rate of 6% from the date of the finality
of this decision. No costs.