Peopl v.

Oyanib
March 12, 2001
Pardo, J.

BACKGROUND
1. Defendant, ManolitoOyanib, is married to TitaOyanib, with two children. Due to marital differences, they
separated with defendant keeping custody of the children while Tita rented a room not far from their family
home.
2. The defendant tried to win his wife back but the latter was very reluctant to reconcile with his husband. In fact,
she’s very open about her relationships with other men.
3. One time, the defendant even chanced upon Tita and her paramour Jesus in a very intimate situation by the
hanging bridge. When the defendant confronted the two, they just ignored him and even threatened to kill him.
EVENTS LEADING TO THE INCIDENT
1. Their son failed two subjects in school and thus they were invited to attend a meeting. But since he has work the
next day, the defendant went to Tita’s house to ask her to attend in his behalf.
2. Upon reaching her house, the defendant heard “sounds of romance” and when he opened the door lock with a
hunting knife, he caught his wife and Jesus having sexual intercourse. Jesus was on top with his pants down to
his knees.
3. Jesus kicked the defendant in the cheek upon seeing him but the latter immediately stabbed Jesus. Jesus fell
down and defendant took this opportunity and stabbed him in the stomach. While Tita, armed with Tanduay
bottle, hit defendant in the head while shouting “Kill him Jake, kill him Jake.”
4. In the commotion, Tita and Jesus we stabbed multiple times, with the defendant also sustaining injury from the
broken Tanduay bottle Tita used to stab him. At this point, the owner of the rented house entered the room and
inquired about what happened.
5. Defendant asked him not to interfere and thereafter left the house. But the following day, he gave himself up to
the police authorities after hearing over the radio that there was a call for him to surrender.
TC – Found defendant guilty beyond reasonable doubt of the crime of Homicide and Parricide.
The accused admitted the killings but he argued that his case falls within the exceptional circumstances contemplated
in Article 247 of the RPC

ISSUE
Whether or not the defendant is entitled to the exceptional privilege under Article 247.

HELD
YES. TC decision was reversed and defendant was sentenced to 2 years and 4 months of destierro.

RATIO
1. Having admitted the killing, the accused must proved the following elements to be able to be relieved of any
criminal liability:
a. That a legally married person surprises his spouse in the act of committing sexual intercourse with
another person
b. That he kills any of them of both of them in the act or immediately thereafter
c. That he has not promoted or facilitated the prostitution of his wife or that he has not consented to the
infidelity of the other spouse
2. After an assiduous analysis of the evidence and the testimonies, the accused was found to have acted within the
circumstances contemplated in Article 247.