FACTS: That on or
about the 18th day of August, 2002, in the municipality of Malolos, province of
Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, with intent to kill his wife Anna Liza Caparas-dela Cruz,
with whom he was united in lawful wedlock, did then and there willfully,
unlawfully and feloniously attack, assault, use personal violence and stab the
said Anna Liza Caparas-dela Cruz, hitting the latter on her trunk and on the
different parts of her body, thereby inflicting upon her serious physical
injuries which directly caused her death.
HELD: In the case of
Parricide of a spouse, the best proof of the relationship between the accused
and the deceased would be the marriage certificate. In this case, the testimony
of the accused that he was married to the victim, in itself, is ample proof of
such relationship as the testimony can be taken as an admission against penal
interest. Clearly, then, it was established that Victoriano and Anna were
husband and wife.
No comments:
Post a Comment