Professional Documents
Culture Documents
This case originated from the filing of complaint by the private complainant Medelita Gonzales
against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of
Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary Investigation
and she found the respondent probably guilty of Parricide which was approved by the Provincial
Prosecutor of La Union and thereafter, the Information for Parricide was filed before the Court
and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim. Case No. 8032
entitled People of the Philippines versus Angelina Gonzales. There is no bail recommended.
Malaya at kusang loob na salaysay ni MEDELITA GONZALES na kinuha ni PO3 ADLAI
JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-8:30 ng umaga
petsa 14 ng Pebrero 2010.
X-----------------------------------------------------------------------------------------------------------------X
1. T:
Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya?
S:
Para magsampa ng demanda laban sa taong pumatay sa aking anak na si Xian
Miguel Gonzales.
02 T:
S:
Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa
iyong pagkakakilanlan?
Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa
Brgy. Dili, Bauang, La Union.
03 T:
S:
04
T:
S:
04
T:
S:
Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak?
Noong Pebrero 13, 2010 sa bahay po nila saBrgy. Dili, Bauang, La Union.
05
T:
S:
06
T:
S:
07
T:
S:
08 T:
S:
08
T:
S:
09 T:
S:
10 T:
S:
11 T:
S:
12
Wala na akong itatanong pa, may gusto ka pa bang idagdag o baguhin sa iyong
salaysay?
Wala na po.
T:
S:
13
T:
S:
Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong
sinabi ay pawang katotohanan lamang?
Opo.
MEDELITA GONZALES
Nagsalaysay
SUBSCRIBED AND SWORN TO before me this 14th day of February 2010 at Bauang,
La Union.
Malaya at kusang loob na salaysay ni ARNULD GONZALES na kinuha ni PO3 ADLAI JOSEPH
CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-10:15 ng umaga petsa 14
ng Pebrero 2010 sa harap ng ilang saksi.
X--------------------------------------------------------------------------------------------------------X
1. T:
S:
02 T:
S:
03 T:
S:
04
T:
S:
Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak?
Kagabi po, Pebrero 13, 2010, bandang alas otso y medya ng gabi sa kanilang
bahay sa Brgy. Dili, Bauang.
05
T:
S:
06
T:
S:
07 T:
S:
08
T:
S:
Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong
sinabi ay pawang katotohanan lamang?
Oo.
ARNULD GONZALES
Nagsalaysay
SUBSCRIBED AND SWORN TO before me this 14th day of February 2010 at San
Fernando City, La Union.
ANGELINA GONZALES
Respondent,
X--------------------------------------X
RESOLUTION
Before this Office is a complaint against herein respondent for Parricide. The
respondent, under custody, never submitted her countervailing evidence. The case was
submitted for Resolution based on the evidence submitted by the complainant and her
witnesses.
Complainant, the mother of the victim, recounted that she and her husband, Arnuld
Gallardo heard sometime on the 13 th day of February, 2010 that her son and victim, Xian Miguel
Gonzales, and his wife, Angelina Gonzales had a heated argument at about 8:30 in the evening
of February 13, 2010. They also heard their grandchildren crying and asking for help which
prompted them to go to the house of the family. Upon arrival thereat, the spouses saw their son
Xian Miguel already lying on the floor, blood oozing from his neck while the wife Angelina
Gonzales was holding the scythe in local idioms tabas which she used in killing her husband
Complainant mother rushed his son to the hospital at ITRMC where he was declared
dead on arrival. The wife was taken by the police authorities who responded to the incident.
Based on the evidence presented, there is reasonable ground that the crime of Parricide
has been committed and that the accused is probably guilty thereof; and she should be held for
trial;
WHEREFORE, premises considered, the undersigned finds probable cause against the
respondent and it is hereby recommended that, upon approval of the Provincial Prosecutor, an
Information for Parricide under Art. 246 of the RPC be filed against Angelina Gonzales in the
Regional Trial Court of Bauang, La Union.
Bauang, La Union, March 2, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
Approved:
___________________
DANILO C. BUMACOD
Provincial Prosecutor
Copy furnished: ALL PARTIES
ANGELINA GONZALES,
Address: Brgy. Dili, Bauang,
La Union,
Accused,
X-------------------------------------------X
INFORMATION
The undersigned 4th Assistant Provincial Prosecutor accuses ANGELINA GONZALES y
TUDRAN of the crime of PARRICIDE under ART. 246 of the Revised Penal Code, committed as
follows:
That on or about 13th day of February 2010 in the municipality of Bauang, La Union,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did
then and there wilfully, unlawfully and feloniously and with treachery kill his husband XIAN
MIGUEL GONZALES with whom she was united in lawful wedlock, and being then armed with
bladed instrument (scythe, in local idiom tabas), with intent to kill, hack his husband XIAN
MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL GONZALES
received a hacked wound on his right neck which directly caused instantaneous death.
CONTRARY TO LAW.
Bauang, La Union, March 4, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
Approved:
___________________
DANILO C. BUMACOD
Provincial Prosecutor
WITNESSES:
1. Medelita Gonzales
2. Arnuld Gonzales
3. OTHERS
NO BAIL RECOMMENDED
CERTIFICATION
I HEREBY CERTIFY THAT the requisite preliminary investigation was conducted
pursuant to law; and that on the basis of the Affidavit Complaint of complainant and witnesses
there is reasonable ground that the crime of Parricide under Art. 246 of the RPC has been
committed and that the accused is probably guilty thereof; and he should be held for trial; that
respondent was afforded due process of law.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
SUBSCRIBED AND SWORN TO before me this 4 th day of March 2010 at Bauang, La
Union.
NOTICE OF HEARING
TO:
GREETINGS:
Notice is hereby given that the above-entitled case has been set for ARRAIGNMENT on
March 8, 2010 at 8:30 oclock in the morning before this Court.
WITNESS the Honorable Lovella May Huliganga, Judge of this Court, this 5 th day of
March 2010, Bauang, La Union.
VICTORIA ORDOO
Branch Clerk of Court
SETTING 1:
ARRAIGNMENT
March 8, 2010
COC:
COURT
COC
COURT
PROS.
LARANANG
ATTY. DULAY
COURT
All rise.............
The Court is now in session, silence is hereby enjoined, Hon. Lovella May
Huliganga, Presiding.
PRAYER: Almighty God, we stand in your Holy Presence as our Supreme
Judge. We humbly beseech You to bless and inspire us so that what we
think, say and do will be in accordance with your will.
Enlighten our minds, strengthen our spirit, and fill our hearts with fraternal
love, wisdom, and understanding, so that we can be effective channels of
truth, justice and peace. In our proceedings today, guide us in the path of
righteousness for the fulfilment of Your greater glory. Amen
Call the cases.
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for ARRAIGNMENT
Appearances?
For the Government, Your Honor, ready.
For the defense, ready Your Honor.
Is the accused present? Ready for arraignment?
5
ATTY. DULAY
COURT
SHERIFF
COC
ACCUSED
COC
ACCUSED
COC
COURT
SETTING 2
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 33
BAUANG, LA UNION
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versusANGELINA GONZALES
Address: Brgy. Dili, Bauang,
La Union,
Accused,
X-----------------------------------------------X
PRELIMINARY CONFERENCE
March 16, 2010
For the PROSECUTION:
Medelita Gonzales and
The People
Assisted by:
Pros. Jocelyn M. Laranang
Assisted by:
Atty. Diana Dulay
COC:
PROS.
LARANANG
ATTY. DULAY
COC
Good morning Fiscal Laranang and Atty. Dulay. Are we ready for the
preliminary conference?
Yes, we are ready.
Ready, Maam.
What is your documentary evidence, Fiscal?
PROS.
LARANANG
COC
ATTY. DULAY
COC
ATTY. DULAY
COC
PROS.
LARANANG
COC
PROS.
LARANANG
ATTY. DULAY
COC
PROS.
LARANANG
ATTY. DULAY
COC
PROS.
LARANANG
ATTY. DULAY
COC
ATTY. DULAY
PROS.
LARANANG
COC
PROS.
LARANANG
ATTY. DULAY
COC
SETTING NO.3
PRE-TRIAL CONFERENCE
March 25, 2010
COC:
All rise.............
The Court is now in session, silence is hereby enjoined, Hon. Lovella May
Huliganga, Presiding.
7
COURT
COC
COURT
PROS.
LARANANG
ATTY.DULAY
PROS.
LARANANG
COURT
ATTY.DULAY
COURT
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for PRETRIAL CONFERENCE
Appearances
For the Government, Your Honor, ready.
For the defense, ready Your Honor.
Your Honor, may we pray that the Minutes of the Preliminary Conference be
adopted as part of this Pre-Trial Conference?
Any objection, counsel?
No objection Your Honor. We conformed with the manifestation of the
Prosecutor, Your Honor.
Order, in todays Pre-Trial Conference, both the prosecution and the defense
agreed to adopt the minutes taken during the preliminary conference on March
16, 2010.Set this case for trial on April 1, 8, 15, 22 and 29, 2010. SO
ORDERED.
SETTING 4
COC:
COURT
COC
COURT
PROS
.
LARANANG
ATTY. DULAY
COC
INTERPRETER
MEDELITA
INTERPRETER
MEDELITA
INTERPRETER
PROS.
LARANANG
COURT
ATTY. DULAY
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
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LARANANG
MEDELITA
PROS.
LARANANG
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
INTERPRETER
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
COURT
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
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MEDELITA
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MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
COURT
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
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LARANANG
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LARANANG
COURT
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
MEDELITA
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LARANANG
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LARANANG
COURT
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LARANANG
MEDELITA
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LARANANG
MEDELITA
PROS.
LARANANG
COURT.
ATTY.DULAY
ATTY.DULAY
MEDELITA
PROS.
LARANANG
ATTY.DULAY
COURT
SETTING 5
2ND WITNESS FOR THE PROSECUTION
ARNULD GONZALES
April 8, 2010
COC:
COURT
COC
COURT
PROS
.
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ARNULD
INTERPRETER
ARNULD
INTERPRETER
ATTY.
OCTAVIANO
COURT
ATTY. DULAY
COURT
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
COURT
ATTY.
OCTAVIANO
COURT.
ATTY.DULAY
ATTY.DULAY
ARNULD
ATTY.
OCTAVIANO
ATTY.DULAY
COURT
Yes, maam
In what particular agency?
PNP, Bauang Maam.
If that statement of yours previously given to the PNP Bauang will be shown
to you again, will you be able to identify the same?
Yes, Maam.
Madam witness, I have with me a Sworn Statement of Arnuld Gonzales
allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly
go over this document if this is the same document you are referring to?
This is the document maam.
On the second page, there is a signature over the name Arnuld Gonzales,
whose signature is this?
My signature maam.
May I pray that the sworn statement of the witness consisting of two (2)
pages be marked as Exh. B and B-1 and the signature as Exh B-2 Your
Honor.
Mark them accordingly.
That would be all, Your Honor.
Cross?
Just a few questions, Your Honor
CROSS-EXAMINATION BY ATTY. DIANA DULAY
Re-direct( if there is any)
Re-cross(if there is any)
Thank you. You are now excused.
ORDER
After the testimony of the witness Arnuld Gonzales, set the next hearing to
April 15, 2010 at 9 oclock in the morning as previously scheduled.
The next witness is Jean Marie Gonzales who is notified in open court.
SO ORDERED.
SETTING 6
3RD WITNESS FOR THE PROSECUTION
JEAN MARIE GONZALES
April 15, 2010
COC:
COURT
COC
PROS .
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
INTERPRETER
JEAN
INTERPRETER
PROS.
We are offering the testimony of this witness Your Honor to corroborate the
13
LARANANG
COURT
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
Proceed.
Do you know a person by the name Xian Miguel Gonzales?
PROS.
LARANANG
JEAN
INTERPRETER
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
Yes,
Why do you know him?
Because he is my brother
Where is he now?
He is already dead
When did he die?
February 13, 2010
What is the cause of death, if you know?
He was hacked to death by Angelina Gonzales
Who is this Angelina Gonzales?
The wife of my brother
For how long do you know this Angelina Gonzales?
Long time ago Maam because we are neighbours and she is my sister-inlaw.
Being your sister-in-law, how do you describe her?
A very jealous woman and self-conceited. She wanted that my brother will
be under saya and everything she wants will be given to her.
Interpret the word under the saya
How do you know that it was Angelina Gonzales who stabbed your brother?
Because I witnessed what she did to my brother
When was that madam witness?
February 13, 2010 at around 8:30 in the evening.
Anyway madam witness, where do you reside?
Brgy. Dili, Bauang, La Union.
So you live with the same barangay with this Angelina Gonzales?
Yes maam
How far is your house from the house of Angelina Gonzales?
Very near maam because my house is located just beside their house
Now, you mentioned a while ago that you witnessed that Angelina hacked
your brother, is it not?
Yes maam
Why madam witness, where were you at that time?
I was outside their house and the window of their house is still open thats
why I was able to see them.
Why are you there?
Because I went to their house when I heard that my brother and Angelina
were quarrelling in order to pacify them.
Do you know the reason why are they quarrelling
Because Angelina confronted my brother regarding text messages which
she read from my brothers cellphone
14
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
COURT
ATTY. DULAY
COURT
PROS.
LARANANG
ATTY.DULAY
COURT
SETTING 7
4TH WITNESS FOR THE PROSECUTION
WILLIAM ATIWAG
April 22, 2010
COC:
COURT
COC
PROS .
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
INTERPRETER
WILLIAM
INTERPRETER
ATTY.
OCTAVIANO
We are offering the testimony of this witness Your Honor to testify that he is
a workmate and best friend of the accused and to testify on other matters
relative thereto. May I proceed, Your Honor?
COURT
Proceed.
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
Yes,
Why do you know him?
Because he is my workmate and my best friend.
Where is he now?
He is already dead.
When did he die?
February 13, 2010
What is the cause of death, if you know?
He was hacked by Angelina Gonzales
Who is this Angelina Gonzales?
The wife of my best friend Xian Miguel
For how long do you know this Angelina Gonzales?
Long time ago, Maam because I used to visit them in their house especially
if there are special occasions being also the ninong(godfather) of their
youngest child.
How do you describe Angelina Gonzales?
A very jealous woman. Every time I went to their house, she was always
asking if Xian Miguel is having an affair with our female workmates or to
some other girls.
What is you response to her queries, if theres any?
I said Xian Miguel is a good man and head of the family. He always looks
toward the welfare of the family.
How did she react on that?
She does not believe it Maam. She said that his husband is having an affair
with another woman. And she also said that he will kill them if she was able
to prove that indeed Xian Miguel is keeping a mistress.
Do you confide this matter to Xian Miguel?
Yes, Maam.
What did Xian Miguel said, if theres any?
He confided to me maam that he was already losing her love and respect to
her wife because of her constant nagging and unreasonable jealousy.
Nasasakal na ako pare, ayoko na.
INTERPRETER
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
INTERPRETER
I advice him to widen his understanding for the sake of their three children.
Did he heed to your advice.
Yes, Maam. She said, sige pare tiisin ko na lang si Angelina, kawawa
naman ang mga bata. Mahal na mahal ko sila.
Interpret sige pare tiisin ko na lang si Angelina, kawawa naman ang mga
bata. Mahal na mahal ko sila..
16
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
COURT
ATTY. DULAY
COURT
ATTY.
OCTAVIANO
ATTY.DULAY
COURT
SETTING 8
COC:
COURT
COC
PROS .
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
INTERPRETER
DR. BALDERAS
INTERPRETER
PROS .
LARANANG
Your Honor, the purpose of this witness is he will identify the death
certificate, the autopsy report, the certificate of post mortem examination,
Your Honor. He will testify on the cause of death as well as the wounds and
injuries of the victim, Your Honor, and to his qualification, Your Honor.
ATTY. DULAY
PROS.
LARANANG
So he will directly testify on the cause of death and injuries, Your Honor.
May I proceed, Your Honor.
COURT
Proceed
PROS.
Doctor, you were subpoenaed to come and testify on the post mortem
17
LARANANG
findings and the cause of death of Xian Miguel Gonzales, did you bring the
records with regards to the death of Xian Miguel Gonzales?
DR. BALDERAS
Yes, Maam.
PROS.
LARANANG
DR. BALDERAS
PROS.
LARANANG
Doctor, in the post mortem findings it is written here pallor, generalized, what
does this mean, Doctor?
DR. BALDERAS
Pallor refers to the color of the skin and it is described and generalized.
Meaning the whole body appears to be pale, maam.
PROS.
LARANANG
How many injuries did you find in the body of Xian Miguel, Doctor?
DR. BALDERAS
PROS.
LARANANG
DR. BALDERAS
PROS.
LARANANG
DR. BALDERAS
The area parietal, ---- (witness pointing to the upper right portion of his head)
PROS.
LARANANG
DR. BALDERAS
PROS.
LARANANG
DR. BALDERAS
The stab was directed backward, downward and medically in this manner
_____ (witness demonstrating with his hand coming upward going
downward towards the direction of the right neck).
PROS.
LARANANG
DR. BALDERAS
PROS.
LARANANG
DR. BALDERAS
Yes, Maam.
PROS.
LARANANG
How forceful or what could have been the possible force, Doctor?
DR. BALDERAS
It was forceful enough to penetrate the thorasic and pericardial cavities and
caused the penetrating injury to the throat, maam
PROS.
LARANANG
What could have been the possible positions of the assailant, as well as the
victim, with that kind of injury, Doctor?
DR. BALDERAS
It is highly possible that they the assailant is at the back of the victim,
18
Maam.
PROS.
LARANANG
DR. BALDERAS
They could be standing but the thing is the trajection was directed downward
so the assailant could have lifted her arm in stabbing the victim,
PROS.
LARANANG
Going now to the injury on the head, Doctor, what could have been the
possible cause or causes of this kind of injury, Doctor?
DR. BALDERAS
The hematoma or lacerated wound could have been caused by blunt or hard
object,
PROS.
LARANANG
DR. BALDERAS
Yes Maam. The tabas being a hard object it could qualify as something
which may have caused the hematoma in the lacerated wound.
PROS.
LARANANG
Doctor, I am going back to the fatal injury that was on the right neck, after
sustaining that injury could there be an instantaneous death of the victim?
DR. BALDERAS
PROS.
LARANANG
COURT
Cross?
ATTY. DULAY
COURT
Proceed.
CROSS EXAMINATION BY ATTY. DULAY
ATTY. DULAY
PROS.
LARANANG
ATTY. DULAY
PROS.
LARANANG
COURT
PROS.
LARANANG
Your Honor, I have no more witness to present. I would like to make now our
formal offer of evidence.
Okay. Proceed.
Your Honor, I respectfully offer our evidence as follows:
1. Exhibit A and A-1- the sworn statement of the complainant
Medelita Gonzales consisting of two pages and its purpose to
prove the material allegation in the criminal complaint;
2. Exh. A-2- the signature of Medelita Gonzales
3. Exh. B- the sworn statement of Arnuld Gonzales and its
purpose to corroborate the allegations of the witness Medelita
Gonzales
4. Exh. B-1- signature of Arnuld Gonzales
5. Exh. C and C-1- the Autopsy Report dated February 13,
2010. As part of the testimony of Dr. Balderas, to prove the
cause of death of Xian Miguel Gonzales and the fatality of the
wounds inflicted on him (Xian Miguel) which causes his
instantaneous death.
6. Exh. D- the contract of marriage between Xian Miguel
Gonzales and Angelina Gonzales to prove that they are
legally married;
7. Exh.E- the Death Certificate of Xian Miguel Gonzales to
19
SETTING 9
1st WITNESS FOR THE DEFENSE
ANGELINA GONZALES
May 6, 2010
COC:
COURT
COC
COURT
PROS
. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ANGIE
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Defense
Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Angelina Gonzales.
On the witness stand.
(Swear in the witness )Raise your right hand. Do you swear to tell
the truth the whole truth and nothing but the truth?
Yes, Maam.
20
INTERPRETER
ANGIE
INTERPRETER
ATTY. DULAY
COURT
PROS. LARANANG
COURT
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
INTERPRETER
Often
Were you successful in doing that?
No
When he goes to take a bath, does he bring his mobile phone with
him?
Yes
Does he ever lock the bathroom when he takes a bath?
Yes
Does he do it before?
No
Do you have your own mobile phone?
Yes
Is it prepaid or postpaid?
Prepaid
Does he text you?
Yes
How often?
Not very often
Does he ask for load?
No
Does he go buy airtime load often?
No
How often?/Do you ever see his mobile phones billing statement?
No
Does he call you?
Yes
How often?
Not many times
Did you ever feel neglected?
Yes
Why?
Because he is not sweet anymore
Why did you say that?
He does not go home early anymore, we do not go out on dates
anymore like before. When he goes home he just eats then sleeps.
He does not even talk with the kids anymore.
How often does he initiate having sex with you lately?
No more
Who is bigger in size? You or your husband?
Its me, Maam.
Did you ever fear him before this incident happened?
Yes
Did you ever get to hold your husbands mobile phone?
Yes
When?
Last February 13, 2010, Maam.
What was he doing when you were able to get hold of his mobile
phone?
He was taking a bath
Did he not bring it with him inside the bathroom?
No
And what did you do with his mobile phone if any?
I browsed through his inbox
And what did you see?
I saw messages with unnamed numbers and read the messages, I
was able to read one that says, hi handsome?wat r u doing na?
wat tym u pasok?i mis u..lovu2..mwahmwahmwah
And what was your reaction?
I got so mad
What did you do next if any?
I shouted from the outside I asked him sino itong nagiiloveyou
sayo?!
Interpret sino tong nagiiloveyou sayo?
22
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
COURT
PROS. LARANANG
COURT
PROS. LARANANG
ANGIE
ATTY.DULAY
PROS. LARANANG
COURT
SETTING 10
COC:
COURT
COC
COURT
PROS
. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ALEX
INTERPRETER
ALEX
INTERPRETER
ATTY. DULAY
23
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
COURT
PROS. LARANANG
COURT
PROS. LARANANG
ANGIE
ATTY.DULAY
PROS. LARANANG
COURT
SETTING 11
3rd WITNESS FOR THE DEFENSE
ATHENA TUDRAN PIMENTEL
May 31, 2010
COC:
COURT
COC
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
24
COURT
PROS
. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ALEX
INTERPRETER
ATHENA
INTERPRETER
ATTY. DULAY
ATHENA
ATTY. DULAY
ATTY. DULAY
COURT
ATTY. OCTAVIANO
COURT
ATTY. OCTAVIANO
ATHENA
ATTY.DULAY
ATTY. OCTAVIANO
COURT
ATTY. DULAY
ATTY. KESIP
COURT
SETTING 12
HEARING OF REBUTTAL EVIDENCE
June 3, 2010
COC:
COURT
COC
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
rebuttal evidence by the Prosecution.
25
COURT
PROS. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
PROS. LARANANG
COURT
Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
Your Honor, we may manifest that we have no more witness to
present our rebuttal.
Okay, ORDER
Considering the manifestation of Public Prosecutor Jocelyn M.
Laranang that she has no rebuttal evidence to present, let this
case deemed submitted for decision.
The parties are given thirty (30) days from today to submit
their respective memoranda to be filed simultaneously.
.
SO ORDERED.
ANGELINA GONZALES
Accused
x ------------------- x
to:
.
ANGELINA GONZALES
Barangay Dili, Bauang,LA UNION
PROS. JOCELYN M. LARANANG
Prosecutors Office, Bauang, LA UNION
GREETINGS:
the ground of absence of witnesses, the affidavit should specify the name of such
witnesses and what is expected from them.
Bauang, La Union, Philippines, this 17th day of June, 2010.
VICTORIA ORDOO
Branch Clerk of Court
SETTING 13
PROMULGATION OF JUDGMENT
July 14, 2010
COC:
COURT
COC
COURT
PROS. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COURT
COC
COURT
ATTY.DULAY
COURT
COC
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for PROMULGATION OF
JUDGMENT.
Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
Is the accused present?
She is present Your Honor.
Read the decision.
May we pray Your Honor that only the decretal portion of the
Decision will be read?
Okay. Read only the wherefore clause.
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-versusANGELINA GONZALES
Accused
x ------------------- x
DECISION
On March 4, 2010, the Office of the Provincial Prosecutor filed an information for
Parricide under Art. 246 of the RPC against herein accused Angelina Gonzales the accusatory
portion reads:
That on or about 13th day of February 2010 in the municipality of Bauang, La
Union, Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused did then and there wilfully, unlawfully and feloniously and with treachery kill his
husband XIAN MIGUEL GONZALES with whom she was united in lawful wedlock, and being
then armed with bladed instrument (scythe, in local idiom tabas), with intent to kill, hack his
husband XIAN MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL
GONZALES received a hacked wound on his right neck which directly caused instantaneous
death.
CONTRARY TO LAW.
Bauang, La Union, March 4, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
On March 4, 2010, the Court admitted the Information
On March 8, 2010, he was arraigned pleading not guilty. On March 25, 2010 the pre-trial
was completed with the adoption of the preliminary conference. Trial ensued with the
prosecution presenting five witnesses namely Medelita Gonzales, Arnuld Gonzales, Jean Marie
Gonzales, William Atiwag and Dr. Monette Balderas
To state the factual version of the prosecution, the court adopts the statement of facts
found in its Memorandum thus:
At the time of the incident, the victim and the accused were legally
married with three children. That the accused is a jealous and a nagger wife.
That sometime in the month of February, 2010, after the victim took a bath, the
accused hacked him from behind which causes the instantaneous death of the
accused.
After the prosecution was through with its evidence, the Court, denied the Motion of the
Defense to file Demurrer to Evidence for lack of merit. Thus trial resumed with the defense
presenting three (3) witnesses namely the accused himself, their son Alex Gonzales and her
sister Athena T. Pimentel. Heres the gist of their testimonies.
Sometime in 2010, when the victim is still working, he already fails to comply with his
obligations to the family. He failed to support their children and he seldom went home already.
That when he will come home, he usually inflicted injuries to his wife and sometimes to their
children which inflicted fear to the family. They came to know that the victim is already keeping a
mistress somewhere in Sampaloc, Manila. When he arrived at their house on the 13 th day of
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February, an anonymous sender send a text messages to the victim stating hi handsome?wat r
u doing na?wat tym u pasok?i mis u..lovu2..mwahmwahmwah
Because of this, the accused
get so furious and mad. She got a tabas and hacked the victim at his right neck which caused
his instantaneous death.
COURTS RULING
As set forth in the information, the accused is charged with Parricide under Art. 246 of
the RPC which read as follows:
- Any person who shall kill his father, mother, or child, whether legitimate of illegitimate,
or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall
be punished by the penalty of reclusion perpetua to death."
The elements of the offense penalized under this provision are as
follows:
1. That a person kills his father, mother, or child, whether legitimate of illegitimate, or
any of his ascendants, or descendants, or his spouse;
Let us discuss the elements individually vis--vis the relevant facts of the case.
___________________________________
First element :
the accused kills his spouse
___________________________________
The accused and the victim are legally married as proved by the Marriage Certificate
dated October 8, 1975.
_________________________
Second Element :
_____________________________________
Among our well-entrenched principles is that an accused is presumed innocent until
proved guilty. To
overcome the presumption, his guilt must be shown by proof beyond
reasonable doubt. While this does not connote absolute certainty, it means that degree of proof
which, after an investigation of the whole record, produces moral certainty in an unprejudiced
mind of accuseds culpability. It signifies such proof that convinces and satisfies the reason and
conscience has been overcome by the prosecution beyond reasonable doubt, hence, accused
is convicted
WHEREFORE, premises considered, the Court finds the accused ANGELINA
GONZALES Y TUDRAN guilty of the crime of PARRICIDE under ART. 246 of the RPC beyond
reasonable doubt.
SO ORDERED.
ISSUED IN CHAMBERS, this 1st day of July, 2010, at Bauang, La Union
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