Facts:
On September 19, 2002, brothers Noemar and
Junior, then nine and eight years old, respectively, left their home to attend
the fluvial procession of Our Lady of Peñafrancia without the permission of
their parents. They did not return home that night. When their
mother, Maria Litan Sales (Maria), looked for them the next day, she found them
in the nearby Barangay of
Magsaysay. Afraid of their father’s rage, Noemar and Junior initially refused
to return home but their mother prevailed upon them. When the two kids reached
home a furious appellant confronted them. Appellant then
whipped them with a stick which was later broken so that he brought his kids
outside their house. With Noemar’s and Junior’s hands and feet tied
to a coconut tree, appellant continued beating them with a thick piece of wood.
When the beating finally stopped, the three
walked back to the house, Noemar collapsed and lost consciousness. Maria then
told appellant to call a quack doctor. He left and returned with
one, who told them that they have to bring Noemar to a
hospital. Appellant thus proceeded to take the unconscious Noemar to
the junction and waited for a vehicle to take them to a hospital. As
there was no vehicle and because another quack doctor they met at the junction
told them that Noemar is already dead, appellant brought his son back to their
house.
Appellant denied that his son died from his beating since no parent could
kill his or her child. He claimed that Noemar died as a result of
difficulty in breathing. In fact, he never complained of the
whipping done to him. Besides, appellant recalled that Noemar was
brought to a hospital more than a year before September 2002 and diagnosed with
having a weak heart.
On the other hand, Maria testified that Noemar suffered from epilepsy.
Whenever he suffers from epileptic seizures, Noemar froths and passes out. But
he would regain consciousness after 15 minutes. His seizures
normally occur whenever he gets hungry or when scolded.
The trial court charged the accused guilty of parricide and slight physical
injuries.
Issue:
Whether or not the accused is guilty of the crimes charged.
Rulings:
Yes. All the elements of the crime of parricide is present in this case.
Parricide is committed when: (1) a
person is killed; (2) the deceased is killed by the accused; (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 accused.
In the case at bench, there is overwhelming
evidence to prove the first element, that is, a person was killed. There
is likewise no doubt as to the existence of the second element that the
appellant killed the deceased. It is sufficiently established by the
positive testimonies of Maria and Junior. As to the third element,
appellant himself admitted that the deceased is his child.
As to the charge of Physical injuries, the
victim himself, Junior testified that he, together with his brother Noemar,
were beaten by their father, herein appellant, while they were tied to a
coconut tree. He recalled to have been hit on his right eye and
right leg and to have been examined by a physician thereafter. Maria
corroborated her son’s testimony.
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