PEOPLE v.

EMBALIDO
March 18, 1933 | Abad Santos, J. | Crimes Against Persons - Murder

PLAINTIFF-APPELLEE: People of the Philippines

ACCUSED-APPELLANT: Feliciano Embalido
SUMMARY: Embalido was charged with murder. Court ruled that under the facts and circumstances presented, he was
guilty of homicide.
DOCTRINE: In cases of homicide, the prosecution is required to proved two facts, namely:
(1) That death of the deceased; and
(2) that he was killed by the accused.
Once these facts are established beyond a reasonable doubt, conviction is warranted. Matters of defense, mitigation,
excuse, or justification must appear by a preponderance of evidence.

FACTS: 5. An examination of the evidence of record does not

1. Embalido was charged with murder. He admitted to
having killed Felix Cabiguin, but claims that he
surprised Cabiguin and his wife while they were
engaged in "criminal conversation".
2. Lower Court: Guilty of murder, with mitigating
circumstances of illiteracy and voluntary surrender. 17
years and 4 months of cadena temporal, with accessory
penalties. P500 + costs.
3. Embalido appealed from the Lower Court's judgment.
Hence, this case.
 Embalido says he should've been sentenced in
accordance with Art. 247 of the RPC: "Any
legally married person who, having surprised his
spouse in the act of committing sexual
intercourse with another person, shall kill any of
them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of
destierro."
justify the conclusion that the appellant surprised his
wife and the deceased while they were engaged in
criminal conversation.
6. The case, therefore, does not come within the purview
of article 247 of the Revised Penal Code.
7. Embalido is adjudged guilty of the crime of
homicide, and appreciating in his favor the mitigating
circumstances of illiteracy and of voluntary surrender to
the authorities, he is hereby sentenced to six years and
one day of prision mayor, with the understanding that
the service of this sentence shall begin after the appellant
will have served the sentence imposed upon him for the
crime of parricide.
8. Embalido is also sentenced to indemnify the heirs of
the deceased in the sum of P500, and to pay the costs.

HELD: Judgment AFFIRMED, but for HOMICIDE and

with modifications.

ISSUE: WON Embalido was guilty of murder? NO.

Embalido is guilty of HOMICIDE.

RATIO:
1. The mere fact that the deceased Cabiguin had wounds
in the back, does not necessarily show that Embalido
attacked him from behind, giving the Cabiguin no
chance to defend himself, so as to bring the offense
within the definition of the crime of murder.

2. The case is one of homicide. In cases of homicide, the

prosecution is required to proved two facts, namely:
(1) That death of the deceased; and
(2) that he was killed by the accused.
3. Once these facts are established beyond a reasonable
doubt, conviction is warranted.
4. Matters of defense, mitigation, excuse, or justification
must appear by a preponderance of evidence.