PEOPLE V.

JAMUWAN
Sept. 23, 1982

FACTS:
On January 1974, Rodolfo Magnaye married Presentacion Jumawan (one of the
accused). They separated, each of them left their conjugal abode – Rodolfo lived
with his mother. Presentatcion’s mother tried to get Rodolfo to sign an agreement
that would let each of them remarry but Rodolfo refused.
On June 19, 1976, Rodolfo went to meet Presentacion at the Sariaya Public Market to
talk about their lives. The meeting turned out to be their last one because Rodolfo
was killed that day.
According to the witness, Vicente Recepeda, Rodolfo was killed inside a store at the
public market by Presentacion, her 2 brothers, and her father. (Francisco, the father,
was holding the hands of Rodolfo; Manuel was behind Rodolfo with his arm around
Rodolfo’s neck; Cesario was holding Rodolfo with his left hand up the collar and was
holding a bolo on his right hand and stabbed Rodolfo below the right nipple).
According to Vicente, Rodolfo was stabbed to death at Presentacion’s orders.
Another witness, Policarpio Trinidad, also attested that he saw Cesario and Manuel
holding Rodolfo and crossed the highway.
The next day, Rodolfo’s mother, Trinidad Alcantara, who was looking for him, found
his dead body by the waters after being told by four children she met.
The alibis of the dfendants were not deemed credible because the places they said
they were at the time of the crime are not far from the scene of the crime. Also, there
was positive identification from the witnesses.
The TC found the accused guilty of the crime of murder under Art 248 of the RPC.

ISSUE:
WoN Presentacion, being the victim’s wife, should be held guilty for parricide
instead of murder – NO, only murder.

RATIO:
For her to be guilty of parricide, her relationship to the deceased should have been
alleged in the information.
However, the aggravating circumstanc eof relationship may stll be assigned against
the other accused. But their penalty has been reduced to reclusion perpetua due to
the lack in number of votes.