9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

196 SUPREME COURT REPORTS ANNOTATED

People vs. Oyanib

*
G.R. Nos. 130634-35. March 12, 2001.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

MANOLITO OYANIB y MENDOZA, accused-appellant.

Criminal Law; Husband and Wife; Adultery; Death Under

Exceptional Circumstances; Exempting Circumstances; Words and
Phrases; An absolutory cause is present “where the act committed
is a crime but for reasons of public policy and sentiment there is no
penalty imposed.”—At the outset, accused admitted killing his
wife and her paramour. He invoked Article 247 of the Revised
Penal Code as an absolutory and an exempting cause. “An
absolutory cause is present Svhere the act committed is a crime
but for reasons of public policy and sentiment there is no penalty
imposed.’ ”
Same; Same; Same; Same; Elements; The death caused must
be the proximate result of the outrage overwhelming the nccused
after chancing upon his spouse in the act of infidelity—the killing
by the husband of his wife must concur with her flagrant adultery.
—Having admitted the killing, it is incumbent upon accused to
prove the exempting circumstances to the satisfaction of the court
in order to be relieved of any criminal liability Article 247 of the
Revised Penal Code prescribes the following essential elements
for such a defense: (1) that a legally married person surprises his
spouse in the act of committing sexual intercourse with another
person; (2) that he kills any of them or both of them in the act or
immediately thereafter; and (3) that he has not promoted or
facilitated the prostitution of his wife (or daughter) or that he or
she has not consented to the infidelity of the other spouse.
Accused must prove these elements by clear and convincing
evidence, otherwise his defense would be untenable. “The death
caused must be the proximate result of the outrage overwhelming
the accused after chancing upon his spouse in the act of infidelity.
Simply put, the killing by the husband of his wife must concur
with her flagrant adultery.”
Same; Same; Same; Same; The law imposes very stringent
requirements before affording the offended spouse the opportunity

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 1/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

to avail himself of Article 247, Revised Penal Code—it must be

resorted to only with great caution so much so that the law
requires that it be inflicted only during the sexual intercourse or
immediately thereafter.—The law imposes very stringent
requirements before affording the offended spouse the opportunity
to

_______________

* FIRST DIVISION.

197

VOL. 354, MARCH 9, 2001 197

People vs. Oyanib

avail himself of Article 247, Revised Penal Code. As the Court put
it in People v. Wagas: “The vindication of a Man’s honor is
justified because of the scandal an unfaithful wife creates; the law
is strict on this, authorizing as it does, a man to chastise her, even
with death. But killing the errant spouse as a purification is so
severe as that it can only be justified when the unfaithful spouse
is caught in flagrante delicto, and it must be resorted to only with
great caution so much so that the law requires that it be inflicted
only during the sexual intercourse or immediately thereafter.”

APPEAL from a decision of the Regional Trial Court of

Iligan City, Lanao del Norte, Br. 2.

The facts are stated in the opinion of the Court.

     The Solicitor General for plaintiff-appellee.
     Generalao Law Office for accused-appellant.

PARDO, J.:

Accused1 Manolito Oyanib y Mendoza appeals from the joint

decision of the Regional Trial Court, Branch 02, Iligan City
finding him guilty beyond reasonable doubt of homicide
and parricide
2
and sentencing him to an indeterminate
penalty of six (6) months one day (1) to six (6) years of
prision correccional as minimum to six (6) years one (1) day
to eight (8) years of prision mayor as maximum, and to pay
P50,000.00 civil indemnity and the costs for the death of
Jesus Esquierdo, and to reclusion perpetua, to pay

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 2/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

P50,000.00
4
and the costs for the death of his wife, Tita T.
Oyanib.
On September 11, 1995, Iligan City Prosecutor Ulysses
V. Lagcao filed with the Regional Trial Court, Iligan City
two (2) separate

_______________

1 In Criminal Cases Nos. 11-6012 and 11-6018, Judge Maximo B.

Ratunil, presiding. Rollo, pp. 18-29.
2 Regretfully, the trial court judge did not know how to apply the
Indeterminate Sentence Law. He imposed indefinite minimum and
maximum penalties He must impose a specific penalty in both the
minimum and maximum periods (Cf. People v. Herbias, 333 Phil. 422; 265
SCRA 571 [1996]).
3 In Criminal Case No. 11-6012.
4 In Criminal Case No. 11-6018.

198

198 SUPREME COURT REPORTS ANNOTATED

People vs. Oyanib

informations charging accused Manolito Oyanib y Mendoza

with murder and parricide, as follows:

Criminal Case No. 6012

“That on or about September 4, 1995, in the City of Iligan,

Philippines, and within the jurisdiction of this Honorable Court,
the said accused, armed with a deadly weapon to wit: a hunting
knife about six inches long and with intent to kill and evident
premeditation and by means of treachery, did then and there
willfully, unlawfully and feloniously attack, assault, stab and
wound one Jesus Esquierdo, thereby inflicting upon him the
following physical injuries, to wit:

Cardiorespiratory arrest
Hypovolemic shock irreversible
Multiple organ injury
Multiple stab wound chest & abdomen

and as a result thereof the said Jesus Esquierdo died.

“Contrary to and in violation of Article 248 of the Revised
Penal Code with 5
the aggravating circumstances (sic) of evident
premeditation.”

Criminal Case No. 6018

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 3/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

“That on or about September 4, 1995, in the City of Iligan,

Philippines, and within the jurisdiction of this Honorable Court,
the said accused, having conceived and (sic) deliberate intent to
kill his wife Tita Oyanib, did then and there willfully, unlawfully
and feloniously and with evident premeditation, attack, assault,
stab and wound his wife, as a result of said attack, the said Tita
Oyanib died.
“Contrary6 to and in violation of Article 246 of the Revised
Penal Code.”

The prosecutor recommended no bail for the temporary

liberty of accused Manolito Oyanib y Mendoza in both
cases.
On September 11, 1995,7
accused voluntarily surrendered
to the police authorities
8
and was immediately detained at
the Iligan City Jail.

_______________

5 Rollo, p. 11.
6 Rollo, p. 9.
7 Criminal Case No. 11-6018, RTC Record, p. 85.
8 Ibid., p. 14.

199

VOL. 354, MARCH 9, 2001 199

People vs. Oyanib

On January 17, 1996, the trial court arraigned accused

Manolito Oyanib y Mendoza by reading the informations
against9 him said translating them into the Visayan
dialect. He pleaded not guilty to both charges.
As the two (2) cases arose from the same set of facts, the
trial court conducted a joint trial.
Accused Manolito Oyanib y Mendoza (hereafter
Manolito) and Tita T.10
Oyanib (hereafter Tita) were married
on February 3, 1979 and had two (2) children, Desilor and
Julius. They lived in Purok 1, Tambacan, Iligan City.
In 1994, due to marital differences, Manolito and Tita
separated, with Manolito keeping custody of their two (2)
children. Tita rented a room at the second floor of the
house of Edgardo Lladas (hereafter Edgardo), not far from
the place where her family lived.
At about 9:30 in the evening of September 4, 1995, while
Edgardo and his family were watching TV at the sala
located at the ground floor of their house at Purok 3-A,
Tambacan, Iligan City, they heard a commotion coming
www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 4/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

from the second floor rented by Tita. The commotion and

the noise, lasted for quite some11 time. When it died down,
Edgardo went upstairs to check.
Upstairs, Edgardo saw Tita wearing a duster, bloodied
and sprawled on the floor. He saw Manolito stabbing Jesus
Esquierdo (hereafter Jesus) while sitting on the latter’s
stomach. Jesus was wearing a pair of long black pants.
When Edgardo asked Manolito what he was doing, accused
told Edgardo not to interfere.
Thereafter, Edgardo left the house and called the police.
Meanwhile, the neighbors brought12
Tita to the hospital. She
died on the way to the hospital.
SPO3 Eduard Tubil, police investigator, General
Investigation Office, Iligan City Police Command, Precinct
I, Poblacion, Iligan City said that at about 9:00 in the
evening of September 4, 1995, while he was on duty, he
received an information regarding a stab-

_______________

9 Ibid., p. 39.
10 TSN, April 17, 1996, p. 13.
11 TSN, April 10, 1996, p. 6.
12 Ibid., pp. 7-10.

200

200 SUPREME COURT REPORTS ANNOTATED

People vs. Oyanib

bing incident at the 13 Llagas residence at Purok 3-A,

Tambacan, Iligan City.
At the crime scene, SPO3 Tubil saw the lifeless body of
Jesus lying face up with several stab wounds in different
parts of the body. Jesus was clad in t-shirt and long pants.
From the crime scene, he recovered a knife. Afterwards, he
went to Dr. Uy Hospital to check on Tita; he was informed
that she was dead. 14
Manolito was the suspect in the killing
of Jesus and Tita. The incident 15
was recorded in the police
blotter as Entry No. 137138.
On September 5, 1995, Dr. Leonardo A. Labanon,
Medico-Legal Officer,
16
Iligan City examined the bodies of
Jesus and Tita. Jesus sustained multiple stab wounds,
and those inflicted
17
in the right and left chests and stomach
were fatal. The cause of death was “cardiorespiratory
arrest, hypovolemic shock irreversible, multiple 18organ
injury and multiple stab wound chest and abdomen.”

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 5/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

Likewise, Tita sustained several stab wounds, with the

fatal wounds inflicted in the left chest and right side of the
abdomen. The cause of death was “cardiorespiratory
19
arrest,
hypovolemic shock and multiple stab wound.”
As heretofore stated, in 1994, following a series of
arguments, Manolito and Tita decided to live separately.
Manolito retained custody of their two (2) children.
Immediately after the separation, Tita stayed at her friend
Merlyn’s house for two (2) months. Afterwards, she
transferred to the Lladas residence, located at Purok203, G.
Tambacan, Iligan City, and rented the second floor. The
rented space consisted mainly of a sala with one adjoining
room. It was arranged in a manner that if one enters the
main entrance door, one is immediately led to the sala and
from the sala directly to the door of the adjoining room.

_______________

13 TSN, April 17, 1996, pp. 3-4.

14 Ibid., pp. 5-9.
15 TSN, April 18, 1996, p. 3.
16 TSN, April 17, 1996, p. 25.
17 Ibid., p. 17.
18 Ibid., p. 20.
19 Criminal Case No. 11-6018, RTC Record, Exhibit “E,” p. 6.
20 TSN, March 6, 1997, pp. 11-18.

201

VOL. 354, MARCH 12, 2001 201

People vs. Oyanib

Despite their separation, Manolito tried to win Tita back

and exerted all efforts towards reconciliation for the sake of
the children. However,
21
Tita was very reluctant to reconcile
with Manolito. In fact, she was very open about her
relationship with other men and would flaunt it in front of
Manolito. One time, he chanced upon his wife and her
paramour, Jesus, in a very intimate situation 22
by the
hanging bridge at Brgy. Tambacan, Iligan City. Manolito
confronted Tita and Jesus about this. He censured his wife
and reminded her that she was still his wife. 23
They just
ignored him; they even threatened to kill him.
In the evening of September 4, 1995, after supper, his
daughter Desilor handed Manolito a letter from the Iligan
City National High School. The letter mentioned that his
son Julius failed in two (2) subjects and invited his parents
to a meeting at the school. Because he had work from 8:00
www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 6/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

in the morning until 5:00 in the afternoon the next day,

Manolito went to Tita’s house 24
to ask her to attend the
school meeting in his behalf.
Upon reaching Tita’s rented place, he heard “sounds of
romance” (kissing) coming from the inside. He pried open
the door lock using a hunting knife. He caught his wife Tita
and Jesus having sexual intercourse. Jesus was on top of
Tita and his pants were down to his knees.
Upon seeing him, Jesus kicked Manolito in the cheek.
Manolito immediately stabbed Jesus. Though Jesus was
5’9” in height and weighed about 70 kg., the suddenness of
the assault caused him to lose his balance and fall down.
Manolito took advantage of this opportunity and stabbed
Jesus in the stomach. Tita left the room upon seeing
Manolito, only to come back armed with a Tanduay bottle.
She hit Manolito in the head, while25 at the same time
shouting “kill him Jake, kill him Jake.’
In the commotion, Manolito stabbed Jesus, hitting him
in the abdomen. Jesus fell down and Manolito stabbed him
again. Mean-

_______________

21 Ibid., p. 16.
22 Ibid., p. 49.
23 Rollo, p. 52.
24 Ibid., pp. 22-23.
25 Ibid., pp. 24-28.

202

202 SUPREME COURT REPORTS ANNOTATED

People vs. Oyanib

while, Tita stabbed Manolito in the arm with the broken

Tanduay bottle. This angered Manolito and he stabbed Tita
in the left breast. He stabbed her three (3) more times in
different parts of her body. Tita fell near the lifeless body of
her paramour. It was at this point that Edgardo, the owner
of the house Tita was renting, appeared from the ground
floor and inquired about what had happened. Manolito told
Edgardo not to interfere because he had nothing to do with
it.
Thereafter, Manolito left the house of Edgardo and went
to Kilumco, Camague, Iligan City and stayed at the wake of
his friend’s neighbor. He threw away the knife he used in
stabbing his wife and her paramour. At around 4:00 in the
morning of the following day, he went to Camague
www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 7/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

Highway to catch a bus for Lentogan, Aurora, Zamboanga.

While in Lentogan, he heard over radio DXIC that there
was a call for him to surrender. He heeded the call and
gave himself up to 26the police authorities in Precinct 2,
Nonocan, Iligan City.
When asked why he was carrying a knife when he went
to his wife’s place, Manolito said that he brought it for self-
defense. Prior to the incident, he received threats from his
wife and her paramour,27Jesus, that they would kill him so
they could live together.
After trial, on May 26, 1997, the trial court promulgated
a joint decision finding accused guilty beyond reasonable
doubt of the crimes charged. The dispositive portion reads:

‘WHEREFORE, in the light of the foregoing findings and

pronouncements and having carefully observed the demeanor of
witnesses, this Court hereby declares accused MANOLITO
OYANIB y Mendoza GUILTY beyond reasonable doubt of the
crime of Homicide (Crim. Case No. II-6012) and Parricide (Crim.
Case No. II-6018) and appreciating the two (2) mitigating
circumstances of passion or obfuscation and voluntary surrender
without any aggravating circumstances to consider, this Court
sentences accused Manolito Oyanib y Mendoza to suffer an
imprisonment as follows:

“1) In Criminal Case No. II-6012:

_______________

26 TSN, March 6, 1997, pp. 30-35.

27 Ibid., pp. 32, 45-46.

203

VOL. 354, MARCH 12, 2001 203

People vs. Oyanib

To an Indeterminate Penalty ranging from SIX (6) MONTHS ONE (1)

DAY to SIX (6) YEARS as Minimum to Six (6) YEARS ONE (1) DAY TO
EIGHT (8) YEARS as Maximum; to indemnify heirs of Jesus Esquierdo
the sum of P50,000.00 as civil indemnity, and to pay the costs.

“2) In Criminal Case No. II-6018:

     To RECLUSION PERPETUA pursuant to Republic Act No. 7659; to

indemnify heirs of his wife P50,000.00 as civil indemnity and to pay the
costs.

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 8/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

“It is likewise ordered that the aforesaid imprisonment is subject

to the forty (40) years limitation prescribed in Article 70 of the
Revised Penal Code.
“Accused is likewise entitled to full credit of his preventive
imprisonment.
“SO ORDERED.
“Iligan City, Philippines, May 26, 1997.
“MAXIMO B. RATUNIL28
Presiding Judge”

On June 17, 1997, accused Manolito Oyanib y Mendoza

interposed an appeal from 29the joint decision of the trial
court to the Supreme Court.
Accused admitted the killings. He argued that he killed
them both under the exceptional circumstances provided in
Article 247 of the Revised Penal Code. He raised several
errors allegedly committed by the trial court, which boiled
down to the basic issue of whether accused is entitled to the
exceptional 30privilege under Article 247 of the Revised
Penal Code. He questioned the trial court’s appreciation of
the facts and the evidence, contending that it ignored and
overlooked vital pieces of physical evidence material to the
defense of the accused, like the photograph of the lifeless
body of Jesus. Accused contends that the photograph
graphically showed that Jesus’ pants were wide open,
unzipped and unbuttoned, revealing that he was not
wearing any underwear, lending credence

_______________

28 Rollo, pp. 18-29, at p. 29.

29 Criminal Case No. II-6081, RTC Record, p. 112.
30 Rollo, pp. 56-57.

204

204 SUPREME COURT REPORTS ANNOTATED

People vs. Oyanib

to his defense that he caught his wife and her paramour in

the act of sexual intercourse. On the other hand, the
Solicitor General submitted that accused-appellant failed
to discharge the burden of proving, by clear and convincing
evidence, that he killed the victims under the exceptional
circumstances contemplated in Article 247 of the Revised
Penal Code. Hence, the trial court did not err 31
in denying
him the exempting privilege under the Article.
We find the appeal meritorious.
www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 9/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

At the outset, accused admitted killing his wife and her

paramour. He invoked Article 247 of the Revised Penal
Code as an absolutory and an exempting cause. “An
absolutory cause is present ‘where the act committed is a
crime but for reasons of32public policy and sentiment there
is no penalty imposed.’ ”
Having admitted the killing, it is incumbent upon
accused to prove the exempting circumstances to the
satisfaction of the court in order to be relieved of any
criminal liability Article 247 of the Revised Penal Code
prescribes the following essential elements for such a
defense: (1) that a legally married person surprises his
spouse in the act of committing sexual intercourse with
another person; (2) that he kills any of them or both of
them in the act or immediately thereafter; and (3) that he
has not promoted or facilitated the prostitution of his wife
(or daughter) or that he or she33
has not consented to the
infidelity of the other spouse. Accused must prove these
elements by clear and convincing evidence, otherwise his
defense would be untenable. “The death caused must be the
proximate result of the outrage overwhelming the accused
after chancing upon his spouse in the act of infidelity.
Simply put, the killing by the husband
34
of his wife must
concur with her flagrant adultery.”
There is no question that the first element is present in
the case at bar. The crucial fact that accused must
convincingly prove to the

_______________

31 Ibid., pp. 125-126.

32 People v. Talisic, 344 Phil. 51, 59; 278 SCRA 517 [1997].
33 People v. Wagas, 171 SCRA 69, 73 [1989]; People v. Talisic, supra,
Note 32, at p. 60; citing People v. Gelaver, 223 SCRA 310, 313-314 [1993].
34 People v. Wagas, supra, Note 33, at p. 73.

205

VOL. 354, MARCH 12, 2001 205

People vs. Oyanib

court is that he killed his wife and her paramour in the act
of sexual intercourse or immediately thereafter.
After an assiduous analysis of the evidence presented
and the testimonies of the witnesses, we find accused to
have acted within the circumstances contemplated in
Article 247 of the Revised Penal Code. Admittedly, accused-

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 10/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

appellant surprised his wife and her lover in the act of

sexual intercourse.
To the mind of the court, what actually happened was
that accused chanced upon Jesus at the place of his wife.
He saw his wife and Jesus in the act of having sexual
intercourse. Blinded by jealousy and outrage, accused
stabbed Jesus who fought off and kicked the accused. He
vented his anger on his wife when she reacted, not in
defense of him, but in support of Jesus. Hence, he stabbed
his wife as well several times. Accused Manolito Oyanib y
Mendoza surrendered to the police when a call for him to
surrender was made.
The law imposes very stringent requirements before
affording the offended spouse the opportunity to avail
himself of Article 247, Revised
35
Penal Code. As the Court
put it in People v. Wagas:

“The vindication of a Man’s honor is justified because of the

scandal an unfaithful wife creates; the law is strict on this,
authorizing as it does, a man to chastise her, even with death. But
killing the errant spouse as a purification is so severe as that it
can only be justified when the unfaithful spouse is caught in
flagrante delicto, and it must be resorted to only with great
caution so much so that the law requires that it be inflicted only
during the sexual intercourse or immediately thereafter.”

WHEREFORE, the Court REVERSES the appealed

decision of the Regional Trial Court, Branch 02, Iligan City
in Criminal Cases Nos. II-6012 and II-6018. The Court
sentences accused Manolito Oyanib y Mendoza to two (2)
years and four (4) months of des-

_______________

35 People v. Wagas, supra, Note 33, at p. 74.

206

206 SUPREME COURT REPORTS ANNOTATED

People vs. Oyanib

36
tierro. He shall not be permitted to enter Iligan City, nor
within a radius,
37
of one hundred (100) kilometers from
Iligan City.
Costs de oficio.
SO ORDERED.

          Davide, Jr. (Chairman), Puno, Kapunan and

Ynares-Santiago, JJ., concur.
www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 11/12
9/2/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 354

Judgment reversed.

Notes.—American jurisprudence, on cases involving

statutes in that jurisdiction which are in pari materia with
ours, yields the rule that after a divorce has been decreed,
the innocent spouse no longer has the right to institute
proceedings against the offenders where the statute
provides that the innocent spouse shall have the exclusive
right to institute a prosecution for adultery. (Pilapil vs.
Ibay-Somera, 174 SCRA 653 [1989])
Under Article 247 of the Revised Penal Code, the killing
of the wife by the husband (or vice versa) is justified if the
husband kills her while engaged in sexual intercourse with
another man or immediately thereafter. (People vs.
Cabalhin, 231 SCRA 486 [1994])
The kind of attitude of a husband allegedly merely
standing still and endure the illicit sexual congress
between his wife and her supposed paramour from
beginning to end, and of just going after his wife’s lover
when the latter is through with his lovemaking and only
after he would have put on his clothes and started to flee,
defies human nature—truly, there is no real test of truth in
the testimony of a witness except gauge it consonantly with
human knowledge, observation, and experience. (People vs.
Velasco, 351 SCRA 539 [2001])

——o0o——

_______________

36 The Indeterminate Sentence Law is not applicable to a sentence of

destierro (Regalado, Criminal Law Conspectus, First Edition, 2000, p.
207).
37 Article 87, Revised Penal Code.

207

© Copyright 2020 Central Book Supply, Inc. All rights reserved.

www.central.com.ph/sfsreader/session/000001744ca084851fa215d1003600fb002c009e/t/?o=False 12/12