People vs. Brusola (2017)

PEOPLE OF THE PHILIPPINES vs. ABENIR BRUSOLA

G.R. No. 210615, July 26, 2017

LEONEN, J.:

Facts: In the Information, appellant Abenir was charged with the killing of his wife, Delia Brusola as follows, that accused, being the husband of DELIA BRUSOLA, with intent to kill and with the use of ball hammer, feloniously hit his said wife, with the said ball hammer on her head, thereby causing fatal injury to the latter which directly caused her death.

For his defense, appellant claimed that on the night of the incident, Abenir came home. While he was preparing things, Delia went outside. She appeared to be waiting for somebody. After taking a bath, she fixed her face. When Abenir asked if Delia was going somewhere, she said it was none of his business. Abenir went to the bathroom for his personal effects. While inside, he heard people talking outside and looked out through a crack in the plywood wall. He saw a man and a woman kiss and identified the woman as Delia, who told the man, "Huwag muna ngayon, nandiyan pa siya." The man embraced her, and groped her breast and private parts. Abenir picked up the maso, went outside, and approached them, who were surprised to see him. Abenir attacked the man who used Delia as a shield and pushed her toward Abenir. He asserted that he planned to attack the man whom he saw was with his wife but accidentally hit Delia instead.

Issue: Whether or not appellant is guilty of parricide.

Ruling: Yes. Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide.

Here, there was no dispute as to the relationship between the accused-appellant and the victim. As for the act of killing, their daughter Joanne clearly testified that she suddenly saw her father hit the head of her mother with a small mallet. Joanne's straightforward and candid narration of the incident is regarded as positive and credible evidence, sufficient to convict the accused.

Ratio Decidendi: Well settled is the rule that it is unnatural for a relative, in this case the accused's own child, who is interested in vindicating the crime, to accuse somebody else other than the real culprit. For her to do so is to let the guilty go free.

Gist: This resolves the appeal of the CA’s Decision, affirming the Decision of the RTC, which found Abenir Brusola guilty of parricide under Article 246 of the Revised Penal Code.