People v Jumawan | September 23, 1982 | GR L-50905 | Abad Santos, J.

SUMMARY: Rodolfo Magnaye was murdered by his estranged wife (Presentacion Jumawan), his
brothers-in-law (Manuel and Cesario), and his father-in-law (Francisco Jumawan). The crime was
murder, instead of parricide, because his relationship to Presentacion wasn’t alleged in the information.
Presentacion likewise didn’t refer to Rodolfo as her husband. Presentacion didn’t live with Rodolfo, and
actually wanted him to sign separation papers, which he didn’t. The Court ruled that their relationship
can only be appreciated as an aggravating circumstance.

FACTS:

 1974: Presentacion Jumawan was married to Rodolfo Magnaye

o But they were separated in fact and did not live in the same conjugal home
 Presentacion stayed with her sister Sebastiana Jumawan
 Rodolfo stayed with his mother Trinidad Alcantara
o Several attempts were made to secure a separation so that Rodolfo and Presentacion
will be free to marry again
 But Rodolfo persisted in refusing to sign the document
 When they went to the Provincial Constabulary Command to ask for the
assistance of Sgt. Mortilla, they were told that it cannot be legally done
 January 19, 1976: Rodolfo was killed in Sairaya Quezon by:
o Presentacion (his wife)
o Francisco (father of Presentacion)
o Manuel and Cesario (brothers of Presentacion)
 Trinidad Alcantara:
o Mother of victim
o 6:00 pm: Rodolfo left the house
 He told her that he was going to the public marked to fetch his wife and that
they were going to talk about their lives
 Vicente Recepeda:
o 67 years old, jobless, and a resident of Lucena who went to the Aglipayan fiesta
o 9:30 pm: On his way home to Lucena, he heard shrieking of pigs in a nearby
slaughterhouse and wanted to inquire about prices.
o He got distracted when he heard then saw a person being attacked inside a lighted store
 Francisco holding the hands of Rodolfo
 Manuel behind Rodolfo with an arm around Rodolfo’s neck
 Cesario Jumawan in front of Rodolfo, left hand holding Rodolfo’s collar, and
right hand brandishing a small pointed bolo
 Stabbed Rodolfo below the right nipple
 Policarpio Trinidad:
o Also came from the Aglipayan fiesta
o 11:00 pm: He was waiting for a ride home at the gasoline station, when he saw:
 Cesario and Manuel walking, with Rodolfo between them
  Rodolfo’s head was bowed in front
 His two arms were on the shoulders of Cesario and Manuel
 Rodolfo was not walking
 They were crossing the national highway towards the south and went on
walking after crossing the highway
 Patrolmen Marcial Baera and Albufera:
o 11:45 pm: Presentacion reported that the store of Sebastiana is threatened to be
robbed by Rodolfo Magnaye
 When asked why she knew Rodolfo, she denied their relation
o They went to investigate the reported attempt
 Saw one of the panels used to close the store was destroyed
 But nothing appears to have been taken from the store
 They said they will continue the investigation the next day
 Day of Discovery:
o Rodolfo didn’t return the evening prior, so Trinidad went to the market to look for him
 She met four children who told her that they saw a man near the water
 They accompanied her to the place and she recognized the dead man as her son
 She then proceeded to the police headquarters to report the matter
 Patrolmen Baera and Albufera went to the place and saw the dead man
without a shirt and wearing black pants with white shoes.
 They noticed a stab wound on the lower portion of the right breast
o In the afternoon of the same day Patrolman Loreto Galeon went to the store of
Sebastiana to follow up the investigation of the reported attempted robbery
 He found traces of blood in one of the wooden panels which are used to close
the store
 The following day when he looked again, the wooden panels were already
planed ('kinatam') and the traces of blood could no longer be seen

ISSUES + RULING:

 WON the evidence against the accused has overcome the presumption of their innocence and
overcome their alibis so as to create a certainty of their guilt? (YES)
o The testimony of the witnesses must be linked to show rationally that the four accused
conspired and cooperated in the assassination of Rodolfo.
 Trinidad Alcantara stated the purpose why Rodolfo left that night, which was to
discuss the fate of the marriage with Presentacion
 Vicente Recepeda testified as to the execution of the crime
 Policarpio Trinidad identified a lifeless Rodolfo being transported away from the
scene of the crime
o The purpose of Presentacion and Rodolfo’s rendezvous was actually accomplished
 Rodolfo’s death terminated their marriage
o Presentacion testifies that she was at the store when she heard a person who wanted to
enter the store so she shouted 'magnanakaw'
 In response to her shouts several people arrived and chased the person who
wanted to enter the store
  Adjoining neighbor, a certain Mateo Diamante informed her that the
person being chased by several men was Rodolfo
o She, however, did not talk with any of the person who chased
her husband nor does she know any of them
o She didn’t even give the direction where her husband
supposedly ran
o Presentaciom’s report that Rodolfo attempted to rob the store of Sebastiana was a
crude diversionary tactic
 It was to enable Cesario and Manuel to transfer the cadaver
 None of those who allegedly chased her husband that evening was even
presented as a witness
o The alibis of Francisco, Cesario and Manuela are for naught, because the places they
mentioned were not far from the scene of the crime, so it was not impossible for them
to be there
 Francisco says he was in the house of Sebastiana, not in her store
 It was walking distance to the store
 Cesario says he and his wife were in Barrio Sampaloc visiting his brother
Benigno
 It was just three kilometres away
 Manuel says he was sleeping in his house at Barrio Pili
 It was just five kilometres away
o Manuel also says that he was suffering from an abnormality on the left arm since
childhood, so he cannot raise it in a normal way
 The medical certificate by Dr. Concepcion dela Merced shows he suffers from a
deformity of the proximal and left humerous probably from a previous fracture
but there is no showing that Manuel Jumawan is incapable of raising his left arm
around the neck of Rodolfo
 Rodolfo’s actual height was not established by the evidence
 Dr. dela Merced was not presented to testify on her findings

 WON the crime is parricide? (NO)

o Presentacion did not reveal to the investigating policemen that he was her husband,
even when she was asked why she knew his name
o Relationship is inherent in parricide but:
 Presentacion’s relationship to the deceased was not alleged in the information
 She stood convicted of (just) murder, as qualified by abuse of strength
o Although not alleged in information, aggravating circumstance can be appreciated
 Relationship, then becomes and aggravating circumstance
 As to the others, the relationships of father-in-law and brother-in-law
o The penalty for murder with an aggravating circumstances is death
 However, for lack of necessary votes, penalty is reduced to reclusion perpetua

DISPOSITION:

WHEREFORE, the judgment of the court a quo is hereby affirmed in toto. No costs.