G.R. Nos. 130634-35; March 12, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANOLITO OYANIB y MENDOZA, accused-appellant.

FACTS

Accused-appellant Manolito Oyanib was charged with murder for the death of Jesus Esquierdo and parricide for the death of his wife, Tita Oyanib. The trial court convicted him of both crimes, sentencing him to an indeterminate penalty for homicide (the murder charge was downgraded) and reclusion perpetua for parricide. The prosecution evidence established that on September 4, 1995, a commotion was heard from Tita’s rented room. The landlord, Edgardo Lladas, went upstairs and saw Tita bloodied on the floor and Manolito stabbing Jesus Esquierdo, who was lying down. Tita died en route to the hospital, and Jesus died at the scene. Manolito surrendered to the police.
The defense presented a different narrative. Manolito testified that he and Tita had been separated due to marital strife, and he was aware of her relationship with Jesus. On the night of the incident, he went to Tita’s room to discuss their son’s failing grades. He found the door locked, heard whispers, and forced it open. He saw Tita and Jesus in a compromising situation, partially unclothed. A struggle ensued where Jesus attacked him with a knife. During the fight, he was able to wrest the knife and stab Jesus in self-defense. He also stabbed Tita when she tried to intervene by attacking him in support of Jesus.

ISSUE

Whether the accused-appellant is entitled to the mitigating privilege under Article 247 of the Revised Penal Code, which provides for a reduced penalty for a spouse who kills the other spouse and the paramour upon being caught in the act of sexual intercourse.

RULING

Yes. The Supreme Court reversed the trial court’s decision and applied Article 247. The legal logic requires that for this privileged mitigating circumstance to apply, the killing must be of the unfaithful spouse and the paramour, and it must occur during the act of sexual intercourse or immediately thereafter. The Court found Manolito’s testimony credible and consistent with the physical evidence. He caught his wife and the victim in a compromising, intimate situation, which qualifies as being caught in flagrante delicto. The subsequent struggle and killing occurred immediately after this discovery. The law strictly construes this privilege to prevent abuse, but it is designed to obviate provocation and passion arising from the shocking discovery. Consequently, the crimes of homicide and parricide are mitigated under Article 247. The Court sentenced Manolito Oyanib to destierro for two years and four months, prohibiting him from entering Iligan City or within a 100-kilometer radius.