3 - People V Florendo

8/21/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413
132 SUPREME COURT REPORTS ANNOTATED

People vs. Florendo
*
G.R. No. 136845. October 8, 2003.
PEOPLE OF THE PHILIPPINES, appellee, vs.

GUILLERMO FLORENDO alias IMONG, appellant.
Criminal Law Parricide Evidence Insanity Court rejects the

plea of insanity The onus probandi rests upon him who invokes
insanity as an exempting circumstance and he must prove it by
clear and convincing evidence.The Court rejects the plea of
insanity. Insanity under Art. 12, par. 1, of The Revised Penal Code
exists when there is a complete deprivation of intelligence in
committing the act, i.e., appellant is deprived of reason he acts
without the least discernment because of complete absence of the
power to discern or, there is a total deprivation of freedom of the
will. The onus probandi rests upon him who invokes insanity as
an exempting circumstance, and he must prove it by clear and
convincing evidence.
Same Same Same Same Establishing the insanity of an
accused requires opinion testimony which may be given by a
witness who is intimately acquainted with appellant or who has
rational basis to conclude that appellant was insane based on the
witness own perception of appellant or who is qualified as an
expert such as a psychiatrist.The issue of insanity is a question
of fact for insanity is a condition of the mind, not susceptible of
the usual means of proof. As no man would know what goes on in
the mind of another, the state or condition of a persons mind can
only be measured and judged by his behavior. Establishing the
insanity of an accused requires opinion testimony which may be
given by a witness who is intimately acquainted with appellant,
or who has rational basis to conclude that appellant was insane
based on the witness own perception of appellant, or who is
qualified as an expert, such as a psychiatrist.
Same Same Same Same Fact that a person behaves crazily
is not conclusive that he is insane. The prosecution witnesses
may have testified that appellant appeared to them to be insane
prior to, during and subsequent to the commission of the crime,
but there is a vast difference between an insane person and one
http://www.central.com.ph/sfsreader/session/00000156ac8b76aa0b46c474003600fb002c009e/t/?o=False 1/15
who has worked himself into such a frenzy of anger that he fails
to use reason or good judgment in his action. The fact that a
person behaves crazily is not conclusive that he is insane. The
prevalent meaning of the word crazy is not synonymous with the
legal terms insane, non compos mentis, unsound mind,
idiot, or lunatic. The popular conception of the word crazy is
being used to describe a person or an act unnatural or out of the
ordinary. A man may
_______________
* EN BANC.
133
VOL. 413, OCTOBER 8, 2003 133
People vs. Florendo
behave in a crazy manner but it does not necessarily and

conclusively prove that he is legally so.
Same Same Same Same An inquiry into the mental state of
an accused should relate to the period immediately before or at the
very moment the felony is committed.Wellsettled is the rule
that an inquiry into the mental state of an accused should relate
to the period immediately before or at the very moment the felony
is committed. The medical findings of the BGHMC, which
diagnosed appellants mental disorder as schizophrenic psychosis,
paranoid type, refer to appellants treatment after the incident
happened. It is bereft of any proof that appellant was completely
deprived of intelligence or discernment at the time or at the very
moment he killed his wife. It is inconclusive as to whether he was
insane at the time immediately preceding or at the very moment
of the killing.
Same Same Same Same Mere abnormality of mental
faculties will not exclude imputability.While appellant on many
occasions before the commission of the crime did things that
would indicate that he was not of sound mind, such acts only
tended to show that he was in an abnormal mental state and not
necessarily of unsound mind that would exempt him from
criminal liability. Mere abnormality of mental faculties will not
exclude imputability. The odd or bizarre behavior of appellant
prior to the commission of the crime as described by the
prosecution witnesses, if anything else, did not completely deprive
the offender of consciousness of his acts.
Same Same Same Cruelty The number of wounds is not a

test for determining cruelty It is whether appellant deliberately
and sadistically augmented the victims suffering.We cannot
sustain the ruling of the trial court that cruelty aggravated the
killing simply because according to the autopsy report the victims
body bore sixteen (16) wounds all in all, four (4) of which were
severe, deep and fatal. The number of wounds is not a test for
determining cruelty it is whether appellant deliberately and
sadistically augmented the victims suffering. Thus, there must be
proof that the victim was made to agonize before appellant
rendered the blow which snuffed out her life. Although Erlinda
received sixteen (16) wounds in all there is no showing that
appellant deliberately and inhumanly increased her suffering.
Same Same Same In parricide, the best proof of relationship
between appellant and the deceased is the marriage certificate and
in the absence thereof, oral evidence of the fact of marriage may be
considered.As to the marriage of the victim and appellant, the
trial court properly upheld its legitimacy. In parricide, the best
proof of relationship between appellant and the deceased is the
marriage certificate, and in the absence thereof, oral evidence of
the fact of marriage may be considered. The tes
134
People vs. Florendo
timony of appellant that he was married to the deceased is an

admission against his penal interest. It is a confirmation of the
semper praesumitur matrimonio and the presumption that a man
and a woman deporting themselves as husband and wife have
entered into a lawful contract of marriage. Even if the marriage
certificate was not presented, that the victim was the legitimate
wife of appellant is evident from the testimonies of the
prosecution witnesses. In open court, appellant himself
volunteered the information in his offer of evidence through
counsel and on direct examination that the victim was his
legitimate wife.
AUTOMATIC REVIEW of a decision of the Regional Trial

Court of Bangued, Abra, Br. 2.
The facts are stated in the opinion of the Court.

The Solicitor General for plaintiffappellee.
Public Attorneys Office for accusedappellant.
BELLOSILLO, J.:
GUILLERMO FLORENDO alias Imong was found guilty of

parricide with the aggravating circumstance of cruelty and
sentenced to death. He was ordered to indemnify the heirs
of his wife, Erlinda Ragudo Florendo, the amount of
P500,000.00 in moral and exemplary damages and to pay
the costs of suit.1 His conviction is the subject of this
automatic review.
The records show that on 28 August 1996 at around 2:30
in the afternoon appellant and his wife Erlinda were inside
their house engaged in an animated conversation. Living
with them in the same house in Barangay Bulbulala, La
Paz, Abra, was appellants father Agustin Florendo. After
Erlinda was heard to have told Imong to go to sleep, the
latter all of a sudden and without any provocation hacked
Erlinda with a bolo in the head and other parts of her body.
The victim could only exclaim, Patayennak
2
met ni Imong
ngen (Imong is going to kill me)!
Agustin, who was resting at that time, witnessed the
incident. Instead of stopping appellant, Agustin left the
house for fear that his son would also attack him. Agustin
sought help from his imme
_______________
1 Decision penned by Judge Benjamin A Bongolan, RTCBr. 2,

Bangued, Abra, prom, 19 August 1998.
2 Decision Rollo, p.17.
135
VOL. 413, OCTOBER 8, 2003 135

People vs. Florendo
diate neighbor, Ernesto Anical, and told him, Kasano

Erning, ipatayen met ni Imong ni baketnan
3
(How is this
Erning, Imong is killing his wife)! Ernesto too became
frightened and did not go out of his house instead, he told
Agustin to go to the barangay captain for assistance.
Agustin went to the house of Barangay Captain
Godofredo Apuya to report the incident but the latter was
not there. Thus, the wife of the barangay captain, upon
being apprised of what happened, hurriedly went out to
look for any available barangay tanod for assistance and
was able to contact Barangay Tanod Felipe Adora. Agustin,
on the other hand, restrained by fear and shock, stayed at
the barangay captains house and when he finally returned
at about 4:00 oclock in the afternoon Erlinda was already

dead.
In the meantime, appellant ran to the house of the
barangay captain after hacking his wife. When Barangay
Tanod Felipe Adora arrived at the house of the barangay
captain, he found appellant there holding a bloodied bolo,
his hands and feet dripping with blood. Felipe advised
appellant to yield his bolo but the latter did not respond.
This prompted Felipe to grab his hand and take away his
bolo. When Barangay Captain Godofredo Apuya arrived, he
asked appellant why his hand and feet were covered with
blood but the latter did not answer. Appellant was later
taken to the La Paz District Hospital for treatment of his
wound and the police authorities of La Paz thereafter took
him into custody pending investigation of the incident.
Dr. Corazon Lalin Brioso, Municipal Health Officer of La
Paz, autopsied the cadaver of the victim and found that she
sustained sixteen (16) wounds on various parts of her body,
four (4) of which were considered fatal and resulted in her
instantaneous death 4due to hypovalemic shock caused by
massive hemorrhage.
On 2 September 1996 appellant was committed at the
Abra Provincial Jail. During his confinement, he was
observed to be having difficulty in sleeping. He could not
eat during meal times. Most of the time he would stand in
his cell without talking to anyone. Thus on 9 September
1996 he was treated as an outpatient at the Abra
Provincial Hospital (APH). The Provincial Warden then
requested
_______________
3 TSN, 2 December 1997, p. 25.

4 Autopsy Report Original Records, p. 9.
136

People vs. Florendo
a psychiatric examination of appellant

5
to determine
whether he was fit to be arraigned.
On 17 October 1996 appellant was supposed to be
arraigned but he appeared without counsel and remained
unresponsive to the questions propounded to him. On the
same date, the trial court referred appellant to the Baguio
General Hospital and Medical Center (BGHMC) for
psychiatric evaluation since there was no psychiatrist at
the APH. On 20 November 1996 he went to the BGHMC for

consultation and was admitted and managed as a case of
schizophrenic
6
psychosis, paranoid type (schizophreniform
disorder). He was detained at the hospital and given
medication for his illness. On 7 June 1997, after
confinement for six (6) months and eighteen (18) days, he
was discharged and recommitted to the provincial
7
jail as he
was found fit to face the charges against him. When finally
arraigned on 12 August 1997 appellant pleaded not guilty.
At the pretrial conference, appellant admitted killing
his wife but put up the defense of insanity to claim
exemption from criminal liability. At the initial hearing,
the prosecution presented Agustin Florendo, Godofredo
Apuya, Ernesto Anical, Felipe Adora and Dr. Corazon Lalin
Brioso as witnesses.
Agustin Florendo attested that his son was not in his
proper senses on the day of the incident and repeated on
crossexamination that appellant was crazy and had 8been
behaving strangely for one (1) year before the incident.
Barangay Captain Godofredo Apuya, on the other hand,
stated that he already knew that appellant was mentally ill
because in two (2) instances, three (3) months prior to the
incident, he saw
_______________
5 Together with the letter of the Provincial Warden dated 9 September

1996, regarding the behavior and state of mental health of appellant, is a
certification of the same date that appellant is a drug dependent, signed
by Dr. Elsa Gonzales Dangani of the APH Original Records, pp. 1416.
6 As certified by Dr. Marie Shenedan Milan, Medical OfficerBGHMC
Original Records, p. 23.
7 Per note of Dr. Elsie I. Caducoy, Medical Officer III, Psychiatry
DepartmentBGHMC dated 22 and 28 April 1997 and 3 June 1997
Original Records, pp. 34, 3943.
8 TSN, 11 November 1997, pp. 712.
137
VOL. 413, OCTOBER 8, 2003 137

People vs. Florendo
9
him singing, dancing and clapping his hands in their yard.
Witness Ernesto Anical stated further that on the day of
the incident appellant was not in his right senses as he saw
him sharpening his bolo with his eyes red and looking very
sharp. Yet, he likewise testified that appellant would join
the people in their barangay in their drinking

10
sprees and
when already drunk he would beat his wife.
Barangay Tanod Felipe Adora also testified that
appellant had been behaving oddly and was somewhat
crazy as he saw him ten (10) 11
days before the incident
singing and talking to himself. Both Godofredo Apuya and
Felipe Adora stated that appellant suspected that his wife
was having an affair with Godofredo for he once went to
the house of Godofredo looking for her. But before the trial
could prosper, the presiding judge received a letter from
the provincial warden asking for the recommitment of
appellant to the BGHMC because of his unstable mental
condition. On 8 June 1998 the trial court directed the
examination and treatment of appellant but not his
admission in the hospital. Nonetheless, appellant was
readmitted at the BGHMC on 11 June 1998 and discharged
on 7 August 1998.
On 10 August 1998, upon the assurance of Dr. Elsie I.
Caducoy that appellant was fit to stand trial, appellant was
called to testify. He stated that he did not remember
anything that happened on 28 August 1996 but recalled
seeing his children days before the incident that he was
brought to the provincial jail by the police authorities that
he thumbmarked a form given him in jail that he came to
know about the death of his wife only when his father told
him about it while he was in jail and, that he did not know
Barangay Captain 12Apuya when asked about his alleged
affair with his wife.
In the assailed Decision dated 19 August 1998 the trial
court held that the crime committed was parricide. While
no marriage certificate was presented to prove the
relationship between appellant and the victim, such fact
was evident from the testimonies of the witnesses and
appellant himself who averred that the victim
_______________
9 Id., pp. 1719.

10 TSN, 2 December 1997, pp. 2933.
11 TSN, 20 January 1998, p. 12.
12 TSN, 10 August 1998, pp. 47, 14.
138

People vs. Florendo
was his legitimate wife that the aggravating circumstance

of cruelty was present because the victim suffered sixteen
(16) wounds that while it was true that there was evidence
that appellant was observed to be doing things out of the
ordinary, like singing in English, dancing, laughing or
talking alone, there was also evidence that he was
socializing freely with the other young men in the
barangay that all these were indicative only of mental
abnormality that did not excuse him from imputability for
the offense that no expert witness was presented to testify
on the insanity of appellant and, the motive of appellant in
killing his wife was jealousy.
Appellant Florendo now contends that the trial court
erred in not acquitting him on the ground of insanity for
appreciating cruelty instead as an aggravating
circumstance in the commission of the crime, and for
upholding the legitimacy of his commonlaw relationship
with the victim in order to bring the killing within the
ambit of Art. 246 of The Revised Penal Code.
The Court rejects the plea of insanity. Insanity under
Art. 12, par. 1, of The Revised Penal Code exists when there
is a complete deprivation of intelligence in committing the
act, i.e., appellant is deprived of reason he acts without the
least discernment because of complete absence of the power
to discern or, there is a total deprivation of freedom of the
will. The onus probandi rests upon him who invokes
insanity as an exempting circumstance, 13
and he must prove
it by clear and convincing evidence.
The alleged insanity of Florendo was not substantiated
by sufficient evidence. He was not completely bereft of
reason or discernment and freedom of will when he 14
mortally hacked his wife. The following circumstances
clearly and unmistakably negate a complete absence of
intelligence on his part when he committed the felony: (a)
He was apparently well until about three (3) to four (4)
months prior to his admission in the hospital when he was
noted to have blank stares, claiming that he was in deep
thought because he suspected his wife of having an
extramarital affair, and at times
_______________
13 People v. Renegado, No. L27031, 1 May 1974, 57 SCRA 275.

14 Medical record of Guillermo Florendo at the BGHMC when he came
for consultation for the first time with police escort on 20 November 1996
which also showed his neurological examinations as essentially normal
Rollo, pp. 183185.
139
VOL. 413, OCTOBER 8, 2003 139

People vs. Florendo
would confront his wife about the matter but the latter
would deny it (b) That he became irritable at home and
was easily angered by his childrens slightest mistakes (c)
That due to his jealousy he claimed that he only wanted to
frighten his wife with his bolo in order to confront her but
hacked her instead many times to death (d) He denied
having hallucinations at that time or being possessed by an
evil spirit (e) Immediately after the incident he went to the
barangay captain, never thought of running away, and
apparently felt guilty about what happened (f) In jail, he
said he started having auditory hallucinations where he
would hear voices commanding him to do something but
refused to elaborate on this and, (g) He claimed that he
frequently thought of his three (3) children whom he
missed so much. These were hardly the acts of a person
with a sick mind.
A perusal of appellants testimony would show that he
was aware of his emotions, bearing and temperament.
Except for his testimony in open court that he had no
recollection of what happened on 28 August 1996, he
attested that he saw his children a few days before the
incident that he was brought to the provincial jail by the
police authorities and, that he thumbmarked a form given
him in jail. Since he remembered the vital circumstances
surrounding the ghastly incident, he must have been in full
control of his mental faculties. His recall of the events that
transpired before, during and after the stabbing incident,
as well as the nature and contents of his testimony, does
not betray an aberrant mind. An insane person has no full
and clear understanding of the nature and consequences of
his act.
The issue of insanity is a question of fact for insanity is
a condition of the mind, not susceptible of the usual means
of proof. As no man would know what goes on in the mind
of another, the state or condition of a persons mind can
only be measured and judged by his behavior. Establishing
the insanity of an accused requires opinion testimony
which may be given by a witness who is intimately
acquainted with appellant, or who has rational basis to
conclude that appellant was insane based on the witness
own perception of appellant,15 or who is qualified as an
expert, such as a psychiatrist.
_______________
15 People v. Madarang, G.R. No. 132319, 12 May 2000, 332 SCRA 99.
140

People vs. Florendo
The first four (4) witnesses of the prosecution were one in

alleging that appellant was crazy and had lost his mind as
they noticed him to be behaving oddly, i.e., singing, dancing
and talking to himself. The prosecution witnesses may
have testified that appellant appeared to them to be insane
prior to, during and subsequent to the commission of the
crime, but there is a vast difference between an insane
person and one who has worked himself into such a frenzy
of anger that he fails to use reason or good judgment in his
action. The fact that a person behaves crazily is not
conclusive that he is insane. The prevalent meaning of the
word crazy is not synonymous with the legal terms
insane, non compos mentis, unsound mind, idiot, or
lunatic. The popular conception of the word crazy is
being used to describe a person or an act unnatural or out
of the ordinary. A man may behave in a crazy manner but
it does not 16
necessarily and conclusively prove that he is
legally so.
The evidence adduced consisting of the testimonies of
the prosecution witnesses that appellant was insane
immediately before or on the day the crime was committed
consisted merely of assumptions, and is too speculative,
presumptive and conjectural to be convincing. Their
observation that appellant manifested unusual behavior
does not constitute sufficient proof of his insanity because
not every aberration of the mind or mental deficiency
constitutes insanity hence exempting.
In the case at bar, appellant was diagnosed to be
suffering from schizophrenia when he was committed to the
BGHMC a few months after he killed his wife. Medical
books describe schizophrenia as a chronic mental disorder
characterized by a persons inability to distinguish between
fantasy and reality, and is often accompanied by
hallucinations and delusions. Symptomatically,
schizophrenic reactions are recognizable through odd and
bizarre behavior apparent in aloofness or periods of
impulsive destructiveness and immature and exaggerated
emotionality. During the initial stage, the common early
symptom is aloofness, a withdrawal behind barriers of
loneliness, hopelessness, hatred and fear. Frequently, the
patient would seem17

preoccupied and dreamy and may
appear far away.
_______________
16 US v. Vaquilar, 27 Phil. 88 (1914).

17 See Note 15.
141
VOL. 413, OCTOBER 8, 2003 141

People vs. Florendo
Wellsettled is the rule that an inquiry into the mental

state of an accused should relate to the period immediately
18
before or at the very moment the felony is committed. The
medical findings of the BGHMC, which diagnosed
appellants mental disorder as schizophrenic psychosis,
paranoid type, refer to appellants treatment after the
incident happened. It is bereft of any proof that appellant
was completely deprived of intelligence or discernment at
the time or at the very moment he killed his wife. It is
inconclusive as to whether he was insane at the time
immediately preceding or at the very moment of the killing.
In compliance with this Courts Resolution of 15 August
2000, an evaluation of the psychological and psychiatric
condition of appellant was conducted by the Supreme Court
Clinic Services at the National Penitentiary on 22 August
2000. The neuropsychiatric evaluation report disclosed that
appellant was suffering from psychosis or insanity,
classified as chronic schizophrenia, paranoid type. It
divulged further that prior to the onset of the overt
psychotic symptoms, appellant manifested unusual
behavior prior to the commission of the crime of parricide
described as fearfulness, irritability, suspiciousness and
jealousy or preoccupation with the fidelity of his wife. In
retrospect, this group of symptoms could have possibly
been the prodromal 19
phase heralding the onset of the
psychotic illness. The report revealed that symptoms of
appellants mental illness were conceivably manifested
prior to the date of the crime and that substantial evidence
was lacking to conclude that his abnormal behavior 20
was
due to the use of drugs or any prohibited substance.
As can be gleaned from the reports, appellant could only
be undergoing the percursory stages of a disease prior to
and at the time of the killing. It is, therefore, beyond cavil
that assuming that he had some form of mental illness by
virtue of the premonitory symptoms of schizophrenia, it did
not totally deprive him of intelligence. The presence of his

reasoning faculties, which enabled him to exer
_______________
18 People v. Catanyag, G.R. No. 103974, 10 September 1993, 226 SCRA

293.
19 A Report on the Mental Condition of Guillermo Florendo aka
Immong (Clinical Case Abstract), by Celeste P. Vista, M.D., Medical
Officer IV and Psychiatrist dated 6 March 2001 Rollo, pp. 379383.
20 1st Indorsement of Prudencio P. Banzon, Jr., SC Senior Chief Staff
Officer dated 30 September 2002 Rollo, pp. 377378.
142

People vs. Florendo
cise sound judgment and satisfactorily articulate certain

matters such as his jealousy over the supposed infidelity of
his wife, sufficiently discounts any intimation of insanity
when he committed the dastardly crime. While appellant
on many occasions before the commission of the crime did
things that would indicate that he was not of sound mind,
such acts only tended to show that he was in an abnormal
mental state and not necessarily of unsound mind that
would exempt him from criminal liability. Mere
abnormality 21 of mental faculties will not exclude
imputability. The odd or bizarre behavior of appellant
prior to the commission of the crime as described by the
prosecution witnesses, if anything else, did not completely
deprive the offender of consciousness of his acts. If the
defense of insanity is sustained, the floodgates to abuse will
be opened by the cunning and ingenious public. Testimony
that a person acted in a crazy or deranged manner days
before the commission of the crime does not prove insanity.
The grant of absolution on the basis of insanity should be
done with utmost care and circumspection as the State
must keep its guard against murderers seeking to escape
punishment through a general plea of insanity.
We cannot sustain the ruling of the trial court that
cruelty aggravated the killing simply because according to
the autopsy report the victims body bore sixteen (16)
wounds all in all, four (4) of which were severe, deep and
fatal. The number of wounds is not a test for determining
cruelty it is whether appellant deliberately and
sadistically augmented the victims suffering. Thus, there
must be proof that the victim was made to agonize before
22
appellant rendered the blow which snuffed out
http://www.central.com.ph/sfsreader/session/00000156ac8b76aa0b46c474003600fb002c009e/t/?o=False her life. 12/15
22
appellant rendered the blow which snuffed out her life.
Although Erlinda received sixteen (16) wounds in all there
is no showing that appellant deliberately and inhumanly
increased her suffering. At any rate, even if cruelty is
proved, it cannot be appreciated against appellant to raise
the penalty to death as this was not alleged in the
Information. Under Sec. 9, Rule 110, of The Revised Rules
of Criminal Procedure, which took effect on 1 December
2000, aggravating circumstances must be alleged in the
information or complaint, otherwise, they cannot be
properly appreciated. Being favorable to appellant, this
procedural rule must be given retroactive application.
_______________
21 See Note 16.

22 People v. Domantay, G.R. No. 130612, 11 May 1999, 307 SCRA 1.
143
VOL. 413, OCTOBER 8, 2003 143

People vs. Florendo
As to the marriage of the victim and appellant, the trial

court properly upheld its legitimacy. In parricide, the best
proof of relationship between appellant and the deceased is
the marriage certificate, and in the absence thereof, oral
evidence of the fact of marriage may be considered. The
testimony of appellant that he was married to the deceased
is an admission against his penal interest. It is a
confirmation of the semper praesumitur matrimonio and
the presumption that a man and a woman deporting
themselves as husband 23
and wife have entered into a lawful
contract of marriage. Even if the marriage certificate was
not presented, that the victim was the legitimate wife of
appellant is evident from the testimonies of the prosecution
witnesses. In open court, appellant himself volunteered the
information in his offer of evidence through counsel and on
direct examination that the victim was his legitimate wife.
Appellant
24
was properly convicted of the crime of
parricide. Parricide not being a capital crime per se, as it
is not punishable by the mandatory death penalty but by
the flexible penalty of reclusion perpetua to death which
are two (2) indivisible penalties, the application of the
lesser or the greater penalty depends on the presence of
mitigating and aggravating circumstances. There being no
aggravating or mitigating circumstance appreciated for
appellant, the lesser penalty of reclusion perpetua is
25
imposed. Nonetheless, clinical findings at
http://www.central.com.ph/sfsreader/session/00000156ac8b76aa0b46c474003600fb002c009e/t/?o=False the time of 13/15
25
imposed. Nonetheless, clinical findings at the time of
evaluation of the psychological and psychiatric condition of
appellant show that despite maintenance of antipsychotic
medication he remains to be symptomatic. It is imperative
that there should be continuous maintenance of his anti
psychotic medications and regular psychiatric followup to
achieve and sustain remission of psychotic symptoms.
As the trial court failed to award indemnity in favor of
the heirs of the victim, the amount of P50,000.00 should be
adjudged as civil
_______________
23 People v. Malabago, G.R. No. 115686, 2 December 1996, 265 SCRA

198.
24 Art. 246: Any person who shall kill his father, mother or child,
whether legitimate or 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 (as amended by RA
7659, Section 5).
25 Art. 63, The Revised Penal CodeRules for the Application of
Indivisible Penalties.
144

People vs. Florendo
indemnity ex delicto, which award is mandatory 26

and
requires no proof other than the victims death.
WHEREFORE, the conviction of accusedappellant
GUILLERMO FLORENDO alias IMONG of parricide
under Art. 246 of The Revised Penal Code, as amended by
Sec. 5, of RA 7659, is AFFIRMED with the
MODIFICATION that he should suffer the penalty of
reclusion perpetua, instead of death. He is further ordered
to pay the heirs of his wife, the deceased Erlinda Ragudo
Florendo, the amount of P50,000.00 as civil indemnity for
her death, and to pay the costs.
SO ORDERED.
Davide, Jr. (C.J.), Puno, Vitug, Panganiban,

Quisumbing, YnaresSantiago, SandovalGutierrez, Carpio,
AustriaMartinez, CarpioMorales, Callejo, Sr., Azcuna and
Tinga, JJ., concur.
Corona, J., On leave.
Judgment affirmed with modification.

Note.Mere abnormality of mental faculties does not

preclude imputability. (People vs. Caete, 309 SCRA 199
[1999])
o0o
_______________
26 People vs. Caboquin, G.R. No. 137613, 14 November 2001, 368 SCRA
654.
145
Copyright2016CentralBookSupply,Inc.Allrightsreserved.

3 - People V Florendo

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

3 - People V Florendo

Hochgeladen von

Copyright:

Verfügbare Formate

8/21/2016 SUPREMECOURTREPORTSANNOTATEDVOLUME413

132 SUPREME COURT REPORTS ANNOTATED

PEOPLE OF THE PHILIPPINES, appellee, vs.

Criminal Law Parricide Evidence Insanity Court rejects the

VOL. 413, OCTOBER 8, 2003 133

People vs. Florendo

behave in a crazy manner but it does not necessarily and

Same Same Same Cruelty The number of wounds is not a

134 SUPREME COURT REPORTS ANNOTATED

People vs. Florendo

timony of appellant that he was married to the deceased is an

AUTOMATIC REVIEW of a decision of the Regional Trial

The facts are stated in the opinion of the Court.

GUILLERMO FLORENDO alias Imong was found guilty of

1 Decision penned by Judge Benjamin A Bongolan, RTCBr. 2,

VOL. 413, OCTOBER 8, 2003 135

diate neighbor, Ernesto Anical, and told him, Kasano

at about 4:00 oclock in the afternoon Erlinda was already

3 TSN, 2 December 1997, p. 25.

136 SUPREME COURT REPORTS ANNOTATED

a psychiatric examination of appellant

the APH. On 20 November 1996 he went to the BGHMC for

5 Together with the letter of the Provincial Warden dated 9 September

VOL. 413, OCTOBER 8, 2003 137

the people in their barangay in their drinking

9 Id., pp. 1719.

138 SUPREME COURT REPORTS ANNOTATED

was his legitimate wife that the aggravating circumstance

13 People v. Renegado, No. L27031, 1 May 1974, 57 SCRA 275.

VOL. 413, OCTOBER 8, 2003 139

140 SUPREME COURT REPORTS ANNOTATED

The first four (4) witnesses of the prosecution were one in

patient would seem17

16 US v. Vaquilar, 27 Phil. 88 (1914).

VOL. 413, OCTOBER 8, 2003 141

Wellsettled is the rule that an inquiry into the mental

not totally deprive him of intelligence. The presence of his

18 People v. Catanyag, G.R. No. 103974, 10 September 1993, 226 SCRA

142 SUPREME COURT REPORTS ANNOTATED

cise sound judgment and satisfactorily articulate certain

21 See Note 16.

VOL. 413, OCTOBER 8, 2003 143

As to the marriage of the victim and appellant, the trial

23 People v. Malabago, G.R. No. 115686, 2 December 1996, 265 SCRA

144 SUPREME COURT REPORTS ANNOTATED

indemnity ex delicto, which award is mandatory 26

Davide, Jr. (C.J.), Puno, Vitug, Panganiban,

Judgment affirmed with modification.

Note.Mere abnormality of mental faculties does not

Das könnte Ihnen auch gefallen