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EN BANC

G.R. No. L-35866 March 23, 1932

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, vs. TAMBAROSO (alias ONSO), Defendant-Appellant.

Francisco P. de Guzman for appellant.
Attorney-General Jaranilla for appellee.

STREET,ROMUALDEZ, J.:

The information charged the herein appellant with the crime of parricide; but the court a quo, considering that the evidence tending to show that the defendant and the deceased Igong were legally married was insufficient, and that there was sufficient evidence showing that Igong was killed by the defendant without justification, found him guilty of the crime of homicide, and sentenced him to fourteen years and eight months of reclusion temporal, P500 indemnify and costs, deducting one-half of the preventive imprisonment theretofore served.chanroblesvirtualawlibrary chanrobles virtual law library

The principal evidence of the prosecution consist in the testimony given by Banting, a child of the deceased, who declared he witnessed the act, and of the defendant's extrajudicial confession, marked Exhibit A. Witness Tadog, a brother of the deceased, corroborates Banting with reference to Exhibit A. In addition, witness Zacarias Billora and justice of the peace Gaudencio Abordo, testified affirmatively with regard to the defendant's authorship and signature of his document.chanroblesvirtualawlibrary chanrobles virtual law library

Besides the defendant's own testimony, the defense presented the witnesses Bangat and Tulang to testify that Igong died a natural, and not a violent, death.chanroblesvirtualawlibrary chanrobles virtual law library

The trial court credited the evidence of the prosecution, and not that of the defense. The record furnishes no ground for setting aside this conclusion which is supported by the evidence.chanroblesvirtualawlibrary chanrobles virtual law library

We also find the consideration of the defendant's lack of education as a mitigating circumstance justified, and hence hold that the penalty imposed by the court below is in accordance with law.chanroblesvirtualawlibrary chanrobles virtual law library

The trial judge acted in accordance with law in not qualifying the crime as parricide, where there is not sufficient evidence to show that the defendant and his victim were legally married. The legality of the marriage is essential to this crime, as conspicuously appears from the text of the law (article 402, the Penal Code then in force) which, in mentioning father, mother, or child, includes illegitimate ones, but not so with regard to the spouses.chanroblesvirtualawlibrary chanrobles virtual law library

There being no error in the judgment appealed from, it is hereby affirmed, with costs against the appellant. So ordered.

Avance�a, C.J., Street, Malcolm, Villamor, Ostrand, Villa-Real and Imperial, JJ., concur.