People vs Gelaver Digest

Topics: Marriage, Criminal law, Family Pages: 2 (508 words) Published: July 13, 2013
108 | Criminal Law 1
Case Digest | MITIGATING CIRCUMSTANCES | Passion or Obfuscation 06July2013
G.R. No. 95357 June 9, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
EDUARDO GELAVER, accused-appellant.
Facts: At 7:00 a.m. of March 24, 1988, Randy Mamon heard shouts coming from the house of Tessie Lampedario in Barangay Poblacion, Municipality of Sto. Niño, South Cotabato. He saw the appellant and a woman having a heated argument. Thereafter, appellant held the neck of the victim, dragged her and with a knife on his right hand, stabbed the latter three times on the breast. Appellant then went out of the gate and fled in the direction of the public market of Sto Niño.  Crime: Parricide

Accused: Appellant continued to stab his wife stating that his mind had been "dimmed" or overpowered by **passion and obfuscation by the sight of his wife having carnal act with her paramour. Appellant faults the trial court in imposing the penalty of reclusion perpetua for the crime of parricide, instead of the penalty of destierro for killing under exceptional circumstances pursuant to *Article 247 of the Revised Penal Code.  State: The natural thing for a person to do under the circumstances was to report to the police the reason for killing his wife. Appellant failed to inform the police that he killed his wife when he saw her having sexual intercourse with her paramour. His testimony is tainted with inconsistencies such as the exact moment when he saw her wife and her paramour, that he did not know the paramour’s name despite living in the same town, and alleging that his daughter informed by his daughter that his wife and paramour were living at a house. Held: The trial court erred in finding the presence of the mitigating circumstance of passion or obfuscation "as a result of his (appellant's) wife leaving their home and their children." Before this circumstance may be taken into consideration, it is necessary to establish the existence of an unlawful act...
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