Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Salufrania (G.R. No. L-50884)

Facts: The plaintiff-appellee is the People of the Philippines. The defendant-appellant is

Filomeno Salufrania. In the case at bar, the herein defendant feloniously attack and assault
Marciana Abuyo-Salufrania by boxing the latter and strangling her. This cause upon her injuries
resulting in the latter’s instantaneous death. As a result thereof also, the herein defendant then
feloniously caused the death of the child while still inside the maternal womb of the deceased.
Thence, he was charged with the crimes of Parricide and Intentional Abortion as punished by the
RPC. The Court of First Instance of Camarines Norte found him guilty of the complex crime of
Parricide with Intentional Abortion.

Issue: Is the CFI of Camarines Norte correct in holding the defendant guilty of the complex
crime of Parricide with Intentional Abortion.

Held: The Supreme Court said that the contention of the defendant that there is no evidence
which shows that he had the intention to cause an abortion has merit. The Supreme Court said
that he should not be held guilty of the complex crime of Parricide with Intentional Abortion but
of the complex crime of Parricide with Unintentional Abortion. The elements of Unintentional
Abortion are all present in this case. These are: “1. That there is a pregnant woman. 2. That
violence is used upon such pregnant woman without intending an abortion. 3. That the violence
is intentionally exerted. 4. That as a result of the violence the foetus dies, either in the womb or
after having been expelled therefrom.”