Monday, January 30, 2012

People of the Philippines vs. Salazar, June 30, 1959

Facts: The accused is a moro native of Zamboanga. One morning, he invited his common-law wife to go with him to gather nipa for the repair of their house. Romana then arrived and invited Maxima to accompany her to her house to get palay. Because of the invitation of Romana, Maxima refused to go with her husband, which aroused his anger. At that time, the accused already entertained the suspicion that his wife was having illicit relation with Fortunato, the husband of Romana, to the extent that he believed that the child his wife was bearing was the result of such illicit relation. This incident started the accused on a killing rampage leaving in its wake sixteen dead and some wounded.

Issue: Whether or not the accused may avail of mitigating circumstance of obfuscation arising from jealousy? NO.

Held: Such cannot be invoked in favor of the accused considering that his relationship with his common-law wife was illegitimate. In addition, many days had already passed from the discovery of the alleged infidelity of his common-law wife before he committed the crime allegedly in vindication of his honor. As a matter of fact he admitted having planned his vengeance long before the opportune moment came to carry it out.

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