by Edione

US v. EUFRASIO ALANO Y AGBUYA, GR No. 11021, 1915-12-01

Facts:

defendant Eufrasio Alano and his wife Teresa

Marcelo amused themselves at the card game of "black jack." About half past seven that evening the defendant, feeling tired, went to bed, while his wife remained at the window looking out and a little while afterward told her husband that she would go down for a moment to the

Chinese store near by, which she did.

As Teresa Marcelo was slow in returning and her sick child was crying, Eufrasio Alano left the house to look for her in the Chinese store... and, not finding her there, went to look for her in another Chinese store near by... with the same result

He therefore started to return home through an alley where he tripped on a wire lying across the way. He then observed as he stopped that among some grass near a clump of thick bamboo a man was lying upon a woman in a position to hold sexual intercourse... with her, but they both hurriedly arose from the ground, startled by the noise made by the defendant in stumbling

Alano at once recognized the woman as his wife, for whom he was looking, and the man as Martin Gonzalez, who immediately started to run. He was wearing an... undershirt and a pair of drawers, which lower garment he held and pulled up as he ran. Enraged by what he had seen, the defendant drew a fan-knife he had in his pocket and pursued Martin Gonzalez, although he did not succeed in overtaking him, and, not knowing where he had fled,... returned to the house, where he found his wife Teresa in the act of climbing the stairs.

He then reprimanded her for her disgraceful conduct and immediately stabbed her several times

Issues:

Th... hereupon the defendant Eufrasio Alano and his wife Teresa

Marcelo amused themselves at the card game of "black jack." About half past seven that evening the defendant, feeling tired, went to bed, while his wife remained at the window looking out and a little while afterward told her husband that she would go down for a moment to the

Chinese store near by, which she did.

As Teresa Marcelo was slow in returning and her sick child was crying, Eufrasio Alano left the house to look for her in the Chinese store situated on the corner of Calles Dakota and Tennessee, and, not finding her there, went to look for her in another Chinese store near by,... with the same result. He therefore started to return home through an alley where he tripped on a wire lying across the way. He then observed as he stopped that among some grass near a clump of thick bamboo a man was lying upon a woman in a position to hold sexual intercourse... with her, but they both hurriedly arose from the ground, startled by the noise made by the defendant in stumbling.t Alano at once recognized the woman as his wife, for whom he was looking, and the man as Martin Gonzalez, who immediately started to run. He was wearing an... undershirt and a pair of drawers, which lower garment he held and pulled up as he ran. Enraged by what he had seen, the defendant drew a fan-knife he had in his pocket and pursued Martin Gonzalez, although he did not succeed in overtaking him, and, not knowing where he had fled,... returned to the house, where he found his wife Teresa in the act of climbing the stairs. He then reprimanded her for her disgraceful conduct and immediately stabbed her several times,

Ruling:

From the record it appears, then, to have been fully proven that, because the defendant caught his wife, Teresa Marcelo, in the act of committing adultery with Martin Gonzalez, after he had unsuccessfully pursued the latter, who succeeding in escaping and hiding himself, he... assaulted the adultress and inflicted upon her twenty-four wounds which produced her death a few moments afterwards. This crime is provided for in article 423 of the Penal Code, and no valid objection to his finding lies in the circumstances that the unfaithful wife was not... killed in the very place where she was caught, for the reason that the wronged husband preferred first to attack the despoiler of his honor and afterwards the adulterous wife who succeeded in getting away from the place where she was caught with her paramour. The assault upon... the woman must be understood to' be a continuation of the act of the wronged husband's pursuit of her paramour, who had the good fortune to escape and immediately get away from the place of the crime. Consequently, although the deceased did not fall dead in the place where she... was caught, but in another place near by, logically it must be understood that the case at bar comes within the provisions of the said article 423 of the Penal Code.

no valid objection to his finding lies in the circumstances that the unfaithful wife was not... killed in the very place where she was caught, for the reason that the wronged husband preferred first to attack the despoiler of his honor and afterwards the adulterous wife who succeeded in getting away from the place where she was caught with her paramour. The assault upon... the woman must be understood to' be a continuation of the act of the wronged husband's pursuit of her paramour, who had the good fortune to escape and immediately get away from the place of the crime. Consequently, although the deceased did not fall dead in the place where she... was caught, but in another place near by, logically it must be understood that the case at bar comes within the provisions of the said article 423 of the Penal Code.

Principles:

"When the defendant's confession is accepted to find him guilty, without setting forth other grounds, it must be admitted in its entirety, as well in respect to what is prejudicial to... him as to what is beneficial; and if it unquestionably appears therefrom that the crime was attended by the extenuating circumstance of prior and immediate provocation by the injured party, this circumstance must be taken into consideration"

"When the defendant's confession is accepted to find him guilty, without setting forth other grounds, it must be admitted in its entirety, as well in respect to what is prejudicial to... him as to what is beneficial; and if it unquestionably appears therefrom that the crime was attended by the extenuating circumstance of prior and immediate provocation by the injured party, this circumstance must be taken into consideratio... ion"