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G.R. No.

L-50884 March 30, 1988 CASE OF COMPLEX CRIME

SALUFRANIA, defendant-appellant.
FACTS: On 7 May 1976, Filomeno Salufrania y Aleman was charged before the
CFI of Camarines Norte,with the complex crime of parricide with intentional
abortion. It was alleged that on the 3rd day of December, 1974, the accused
Filomeno Salufrania y Aleman did then and there, willfully, unlawfully, and
feloniously attack, assault and use personal violence on his wife, MARCIANA
ABUYO-SALUFRANIA by then and there boxing and stranging her, causing upon
her injuries which resulted in her instantaneous death; and by the same criminal act
committed on the person of the wife of the accused, who was at the time 8 months
pregnant, the accused caused the death of the unborn child,committing both crimes
of PARRICIDE and INTENTIONAL ABORTION as defined and punished under Art.
246 and Art. 256, paragraph I, of the Revised Penal Code.
At the trial court, Dr. Juan L. Dyquiangco Jr., Pedro Salufrania testified that,he was
called upon by the Municipal Judge of Talisay to examine the corpse of Marciana
Abuyo-Salufrania that was exhumed from its grave in which the cause of death was
cardiac arrest.
Dr. Dyquiangco testified that after conducting the post mortem examination, he
issued a certification thereof (Exhibit "A"); that he issued a death certificate (Exhibit
"B") for the deceased Marciano Abuyo-Salufrania, bearing the date of 5 December
1974, made on the basis of the information relayed by a certain Leonila Loma to his
nurse before the burial, without mentioning the cause of death; that the cause of
death, as cardiac arrest, was indicated on said death certificate only after the post
mortem examination on 11 December 1974. The lower court allowed the son of the
accused, Pedro Salufrania, The lower court stated that, by reason of interest and
relationship, before Pedro Salufrania was allowed to testify against his fatheraccused Filomeno Salufrania, after careful examination by the prosecuting officer
and the defense counsel under the careful supervision of the court a quo, to
determine whether, at his age of 13 years old, he was already capable of receiving
correct impressions of facts and of relating them truly and, also, whether he was
compelled and/or threatened by anybody to testify against his father-accused.He
stated that his father Filomeno Salufrania and his mother Marciana Abuyo
quarrelled at about 6:00 o'clock in the evening of 3 December 1974, he saw his
father box his pregnant mother on the stomach and, once fallen on the floor, his
father strangled her to death; that he saw blood ooze from the eyes and nose of his
mother and that she died right on the spot where she fell. His brother,Eduardo
Abuyo and had refused and still refused to live with his father-accused, because the
latter has threatened to kill him and his other brothers and sister should he reveal
the true cause of his mother's death.The brother in law and sister of the deceased
victim,Narciso Abuyo also declared that after the burial of Marciana Abuyo, the
three (3) children of his deceased sisterrefused to go home with their father
Filomeno Salufrania; that when asked why, his nephew Alex Salufraa told him that
the real cause of death of their mother was not stomach ailment and headache,
rather, she was boxed on the stomach and strangled to death by their father; that
immediately after learning of the true cause of death of his sister, he brought the
matter to the attention of the police authorities .

The CFI found him guilty beyond reasonable doubt, of the complex crime of
Parricide with Intentional Abortion, he is hereby sentenced to suffer the penalty of
DEATH, to indemnify the heirs of the deceased Marciano Abuyo in the sum of
P12,000.00 and to pay the costs. "For unselfish, valuable and exemplary service
rendered by counsel de oficio, Atty. Marciano C. Dating, Jr., a compensation of
P500.00 is hereby recommended for him subject to the availability of fund. Since
the accused was sentenced to death, this becomes an automatic review before the
Supreme Court.
The defense had for witnesses Geronimo Villan, Juanito Bragais, Angeles Liling
Balce and the accused Filomeno Salufrania.Geronimo Villan testified that he was a
neighbor of Filomeno Sulfrania whio tried to help him administer a native treatment
around 6am in the morning of December 4, 1974, but she died around 7am.
Witness Juanita Bragais testified that he was fetched by Felipe Salufrania, another
son of Filomeno Salufrania Marciana Abuyo was already dead so he just helped
Filomeno Salufrania in transferring the body of his wife to the house of the latter's
brother-inlaw.Angeles Liling Balce, who claimed to be a former resident she
arrived in the house of Filomeno Salufrania at about 6:00 o'clock in the morning
Marciana still in a coma lying on the lap of her husband who informed her that
Marciana was suffering from an old stomach ailment. The accused admitted that he
was that lawful husband of the deceased Marciana Abuyo; that he sent r Juanito
Bragais but the latter was not able to cure his wife, that there was no quarrel
between him and his wife that preceded the latter's death, and that during the
lifetime of the deceased, they loved each other; that after her burial, his son Pedro
Salufrania was taken by his brother-in-law Narciso Abuyo and since then, he was
not able to talk to his son until during the trial; and that at the time of death of his
wife, aside from the members of his family, Geronimo Villan Francisco Repuya and
Liling Angeles Balce were also present.Appellant alleges that the trial court failed to
determine the competence of Pedro Salufrania before he was allowed to testify. He
also questions the competence of Dr. Dyquiangco as an expert witness, and
alleges that the findings of Dr. Dyquiangco and the testimony of Pedro Salufrania
do not tally. But this contention is without merit. The Court notes, first of all, that
appellant did not even bother to discuss his defense in order to refute the massive
evidence against him. This is tantamount to an admission that he could not
adequately support his version of Marciana Abuyo's death.Lastly, appellant alleges
that, assuming he indeed killed his wife, there is no evidence to show that he had
the intention to cause an abortion. In this contention, appellant is correct. He should
not be held guilty of the complex crime of Parricide with Intentional Abortion but of
the complex crime of Parricide with Unintentional Abortion. The elements of
Unintentional Abortion are as follows:
1. That there is a pregnant woman. 2. That violence is used upon such pregnant
woman without intending an abortion. 3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies, either in the womb or after having
been expelled therefrom.
ISSUE: Whether or not the trial court erred in its ruling of complex crime with
parricide and intentional abortion?

HELD: According to the Supreme Court,

Trial judges are in the best position to ascertain the truth and detect falsehoods in
the testimony of witnesses. This Court will normally not disturb the findings of the
trial court on the credibility of witnesses, in view of its advantage in observing first
hand their demeanor in giving their testimony. Such rule applies in the present
The Solicitor General's brief makes it appear that appellant intended to cause an
abortion because he boxed his pregnant wife on the stomach which caused her to
fall and then strangled her. We find that appellant's intent to cause an abortion has
not been sufficiently established. Mere boxing on the stomach, taken together with
the immediate strangling of the victim in a fight, is not sufficient proof to show an
intent to cause an abortion. In fact, appellant must have merely intended to kill the
victim but not necessarily to cause an abortion. The evidence on record, therefore,
establishes beyond reasonable doubt that accused Filomeno Salufrania committed
and should be held liable for the complex crime of parricide with unintentional
abortion. The abortion, in this case, was caused by the same violence that caused
the death of Marciana Abuyo, such violence being voluntarily exerted by the herein
accused upon his victim. It has also been clearly established (a) that Marciana
Abuyo was seven (7) to eight (8) months pregnant when she was killed; (b) that
violence was voluntarily exerted upon her by her husband accused; and (c) that, as
a result of said violence, Marciana Abuyo died together with the foetus in her womb.
In this afternoon, Article 48 of the Revised Penal Code states that the accused
should be punished with the penalty corresponding to the more serious came of
parricide, to be imposed in its maximum period which is death. However, by reason
of the 1987 Constitution which has abolished the death penalty, appellant should be
sentenced to suffer the penalty of reclusion perpetua.
In the present case, the Supreme Court modified, the judgment appealed from was
AFFIRMED. Accused-appellant was sentenced to suffer the penalty of reclusion
perpetua. The indemnity of P12,000. 00 awarded to the heirs of the deceased
Marciana Abuyo is increased to P30,000.00 in line with the recent decisions of the
Court. With costs.
People vs Orita

March 20, 1983 Early Morning: Cristina S. Abayan, 19-year old freshman
student at the St. Joseph's College, arrived at her boarding house after her
classmates brought her home from a party. She knocked at the door of her
boarding house when a frequent visitor of another boarder held her and
poked a knife to her neck. Despite pleading for her release, he ordered her to
go upstairs with him. Since the door which led to the 1st floor was locked
from the inside, they used the back door to the second floor. With his left arm
wrapped around her neck and his right hand poking a "balisong" to her neck,
he dragged her up the stairs. When they reached the second floor, he

commanded herwith the knife poked at her neck, to look for a room. They
entered Abayan's room. He then pushed her hitting her head on the wall.
With one hand holding the knife, he undressed himself. He then ordered her
to take off her clothes. Scared, she took off her T-shirt, bra, pants and panty.
He ordered her to lie down on the floor and then mounted her. He made her
hold his penis and insert it in her vagina. Still poked with a knife, she did as
told but since she kept moving, only a portion of his penis entered her. He
then laid down on his back and commanded her to mount him. Still only a
small part of his penis was inserted into her vagina. When he had both his
hands flat on the floor. She dashed out to the next room and locked herself in.
When he pursued her and climbed the partition, she ran to another room then
another then she jumped out through a window.
Still naked, she darted to the municipal building, 18 meters in front of the
boarding house and knocked on the door. When there was no answer, she
ran around the building and knocked on the back door. When the policemen
who were inside the building opened the door, they found her naked sitting on
the stairs crying. Pat. Donceras, took off his jacket and wrapped it around her.
Pat. Donceras and two other policemen rushed to the boarding house where
they heard and saw somebody running away but failed to apprehend him due
to darkness. She was taken to Eastern Samar Provincial Hospital where she
was physically examined.
Her vulva had no abrasions or discharges.
RTC: frustrated rape
ISSUE: W/N there is frustrated rape.
HELD: NO. RTC MODIFIED. guilty beyond reasonable doubt of the crime of
rape and sentenced to reclusion perpetua as well as to indemnify the victim in
the amount of P30,000
Correlating Art. 335 and Art. 6, there is no debate that the attempted and
consummated stages apply to the crime of rape.
Requisites of a frustrated felony are:
o (1) that the offender has performed all the acts of execution which would
produce the felony
o (2) that the felony is not produced due to causes independent of the
perpetrator's will
attempted crime the purpose of the offender must be thwarted by a foreign
force or agency which intervenes and compels him to stop prior to the
moment when he has performed all of the acts which should produce the
crime as a consequence, which acts it is his intention to perform
o If he has performed all of the acts which should result in the
consummation of the crime and voluntarily desists from proceeding further, it
can not be an attempt.
in the crime of rape, from the moment the offender has carnal knowledge
of his victim he actually attains his purpose and, from that moment also all the

essential elements of the offense have been accomplished. Any penetration

of the female organ by the male organ is sufficient. Entry of the labia or lips of
the female organ, without rupture of the hymen or laceration of the vagina is
sufficient to warrant conviction. Necessarily, rape is attempted if there is no
penetration of the female organ
The fact is that in a prosecution for rape, the accused may be convicted
even on the sole basis of the victim's testimony if credible. Dr. Zamora did not
rule out penetration of the genital organ of the victim.
People v. Campuhan
G.R. No. 129433

March 30, 2000

Lessons Applicable: Attempted rape

Laws Applicable:
April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4-year old
Crysthel Pamintuan, went to the ground floor of their house to prepare Milo
chocolate drinks for her 2 children. There she met Primo Campuhan, helper
of Conrado Plata Jr., brother of Corazon, who was then busy filling small
plastic bags with water to be frozen into ice in the freezer located at the
second floor.
Then she heard Crysthel cry, "Ayo'ko, ayo'ko!" so she went upstairs and
saw Primo Campuhan inside her children's room kneeling before Crysthel
whose pajamas or "jogging pants" and panty were already removed, while his
short pants were down to his knees and his hands holding his penis with his
right hand
Horrified, she cursed "P - t - ng ina mo, anak ko iyan!" and boxed him
several times. He evaded her blows and pulled up his pants. He pushed
Corazon aside who she tried to block his path. Corazon then ran out and
shouted for help thus prompting Vicente, her brother, a cousin and an uncle
who were living within their compound, to chase the Campuhan who was
apprehended. They called the barangay officials who detained.
Physical examination yielded negative results as Crysthel s hymen was
Campuhan: Crysthel was in a playing mood and wanted to ride on his
back when she suddenly pulled him down causing both of them to fall down
on the floor.
RTC: guilty of statutory rape, sentenced him to the extreme penalty of
Thus, subject to automatic review
ISSUE: W/N it was a consummated statutory rape

HELD: NO. MODIFIED. guilty of ATTEMPTED RAPE and sentenced to an

indeterminate prison term of eight (8) years four (4) months and ten (10) days
of prision mayor medium as minimum, to fourteen (14) years ten (10) months
and twenty (20) days of reclusion temporal medium as maximum. Costs de
People v. De la Pea: labia majora must be entered for rape to be
Primo's kneeling position rendered an unbridled observation impossible
Crysthel made a categorical statement denying penetration but her
vocabulary is yet as underdeveloped
Corazon narrated that Primo had to hold his penis with his right hand, thus
showing that he had yet to attain an erection to be able to penetrate his victim
the possibility of Primo's penis having breached Crysthel's vagina is belied
by the child's own assertion that she resisted Primo's advances by putting her
legs close together and that she did not feel any intense pain but just felt "not
happy" about what Primo did to her. Thus, she only shouted "Ayo'ko, ayo'ko!"
not "Aray ko, aray ko!
no medical basis to hold that there was sexual contact between the
accused and the victim