GR 35867; (March, 1932) (Digest)
G.R. No. 35867 ; March 31, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ALFREDO ROSIL (alias LIBAT), defendant-appellant.
FACTS
The accused, Alfredo Rosil, was convicted of parricide for killing his wife, Tomasa Magalito. They were married according to the rites of the Tagbanua tribe to which they both belonged. Prior to the incident, Rosil became suspicious of his wife’s infidelity, as she would leave their home with another man and later deserted the conjugal dwelling. On October 13, 1930, when Rosil confronted her and she asserted her right to act as she did, he slapped her, beat her with rattan, and ultimately stabbed her with a knife, causing her death. He immediately surrendered to authorities and confessed to the crime.
ISSUE
Whether the accused is guilty of parricide, considering his marriage to the deceased was solemnized under tribal customs and not under the general marriage law.
RULING
Yes, the accused is guilty of parricide. The Supreme Court affirmed the conviction, holding that a marriage solemnized in accordance with tribal rites and customs is valid for the purpose of prosecuting the crime of parricide. The Court explicitly abandoned its previous doctrine in United States vs. Tubban and United States vs. Verzola, which refused to recognize such tribal marriages. The penalty of reclusion perpetua (then referred to as cadena perpetua) was correctly imposed, considering the mitigating circumstance of passion and obfuscation with no aggravating circumstance to offset it. The separate opinion of Justice Malcolm concurred, emphasizing that tribal marriages are as sacred as those solemnized under recognized religions and should be respected under the law.
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