People vs. Paycana, Jr., 551 SCRA 657, G.R. No.

179035 April 16, 2008

TINGA, J.:

Jesus Paycana, the accused, who worked as a butcher, came home from the slaughter house. For
reasons known to him alone, he stabbed his wife. Paycana claims that it is his wife who attacked him
first and that his actuation is a self-defense. It necessarily follows that Jesus admits having killed his
seven (7)-month pregnant wife, and in the process put to death their unborn child.

ISSUE: WON Paycana is guilty of parricide? (YES)

HELD:

In the case of parricide of a spouse, the best proof of the relationship between the accused and
the deceased would be the marriage certificate.—Bearing the penalty of reclusion perpetua to death,
the crime of parricide is committed when: (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 key
element in parricide is the relationship of the offender with the victim. In the case of parricide of a
spouse, the best proof of the relationship between the accused and the deceased would be the
marriage certificate. The testimony of the accused of being married to the victim, in itself, may also be
taken as an admission against penal interest.

People vs. Nepomuceno, Jr., 298 SCRA 450, G.R. No. 127818 November 11, 1998

MELO, J.:

ISSUE: WON Nepomuceno is guilty of parricide? (YES)

HELD:

The prosecution has sufficiently established the elements of parricide by its evidence. These
elements are: (1) the death of the deceased; (2) that she was killed by the accused; and (3) that the
deceased was a legitimate ascendant or descendant, or the legitimate spouse of the accused (Article
246, Revised Penal Code; People vs. Embalido, 58 Phil. 154 [1933]).