People

v. Paycana
GR No 179035| 551 SCRA 657 | 16 April 2008 | Tinga, J.
Princess Trisha Joy Z. Uy | Law 110-Criminal Law II | Grp3

Paycana stabbed his pregnant wife several times and ended up killing
his wife and the unborn child.
The elements of unintentional abortion is in the ratio.

Facts:

! Paycana Jr. was charged with parricide with unintentional abortion to which he pleaded not guilty
! He claims it was self-defense, that the wife attacked him first and so he had to retaliate and he ended
up killing his pregnant wife.

Witness version:
! Paycana came home early in the morning carrying with him his tools of trade as a butcher (knife, bolo,
sharpener)
! He stabbed his wife 14 times.
! Due to the shouting, Tito (wifes father) went to the place to see his daughter lying near the door.
! Seeing that the accused was armed, he stepped back.
! Angelina (Paycanas daughter) says that Paycana held her mothers neck and stabbed her.

Paycana version:
! He got the knife from the wife who stabbed her first
! They had a fight the night before
! He wanted to separate and while on his way out the wife stabbed him and so he got the knife from the
wife and stabbed her.
! He claims he was not aware of the number of times because he was dizzy from blood loss

Issue/Ratio:
WON the acts were done in self-defense. No

RTC is better suited to ascertain if it was indeed self-defense based on the facts. The lower court has
appreciated all the facts and circumstances, and have seen and heard the witnesses. SC has no reason
to disturb its findings.

unlawful aggression - belied by the witnesses and medical findings that injuries to Paycana were
self-inflicted and superficial.
reasonable means - 14 times! This shows effort to kill.

Elements of unintentional abortion
(1) pregnant woman
(2) violence upon same pregnant woman w/o intending abortion
(3) violence is intentionally exerted
(4) fetus dies as a result of the violence

This is a complex crime because one act resulted to two felonies. The unborn fetus was also killed
when the accused stabbed his wife several times.