Professional Documents
Culture Documents
People V Paycana
People V Paycana
v.
Paycana
GR
No
179035|
551
SCRA
657
|
16
April
2008
|
Tinga,
J.
Princess
Trisha
Joy
Z.
Uy
|
Law
110-‐Criminal
Law
II
|
Grp3
Paycana
stabbed
his
pregnant
wife
several
times
and
ended
up
killing
his
wife
and
the
unborn
child.
The
elements
of
unintentional
abortion
is
in
the
ratio.
Facts:
! Paycana
Jr.
was
charged
with
parricide
with
unintentional
abortion
to
which
he
pleaded
not
guilty
! He
claims
it
was
self-‐defense,
that
the
wife
attacked
him
first
and
so
he
had
to
retaliate
and
he
ended
up
killing
his
pregnant
wife.
Witness
version:
! Paycana
came
home
early
in
the
morning
carrying
with
him
his
tools
of
trade
as
a
butcher
(knife,
bolo,
sharpener)
! He
stabbed
his
wife
14
times.
! Due
to
the
shouting,
Tito
(wife’s
father)
went
to
the
place
to
see
his
daughter
lying
near
the
door.
! Seeing
that
the
accused
was
armed,
he
stepped
back.
! Angelina
(Paycana’s
daughter)
says
that
Paycana
held
her
mother’s
neck
and
stabbed
her.
Paycana
version:
! He
got
the
knife
from
the
wife
who
stabbed
her
first
! They
had
a
fight
the
night
before
! He
wanted
to
separate
and
while
on
his
way
out
the
wife
stabbed
him
and
so
he
got
the
knife
from
the
wife
and
stabbed
her.
! He
claims
he
was
not
aware
of
the
number
of
times
because
he
was
dizzy
from
blood
loss
Issue/Ratio:
WON
the
acts
were
done
in
self-‐defense.
No
RTC
is
better
suited
to
ascertain
if
it
was
indeed
self-‐defense
based
on
the
facts.
The
lower
court
has
appreciated
all
the
facts
and
circumstances,
and
have
seen
and
heard
the
witnesses.
SC
has
no
reason
to
disturb
its
findings.
• unlawful
aggression
-‐
belied
by
the
witnesses
and
medical
findings
that
injuries
to
Paycana
were
self-‐inflicted
and
superficial.
• reasonable
means
-‐
14
times!
This
shows
effort
to
kill.
Elements
of
unintentional
abortion
(1)
pregnant
woman
(2)
violence
upon
same
pregnant
woman
w/o
intending
abortion
(3)
violence
is
intentionally
exerted
(4)
fetus
dies
as
a
result
of
the
violence
This
is
a
complex
crime
because
one
act
resulted
to
two
felonies.
The
unborn
fetus
was
also
killed
when
the
accused
stabbed
his
wife
several
times.