People vs. Formigones (Crim1)

People vs. Formigones (87 Phil. 658)

Facts:

On December 28, 1946, Abelardo Formigones caused his wife, Julia Agricola, lethal injury with a bolo. Having done so, he then carried his wife to the living room and lay down beside her. This was how he was found by the people summoned by his eldest daughter, who witnessed the stabbing. He pleaded guilty to the Court of the First Instance in Camarines Sur citing jealousy as his motive for he believed his wife was being intimate with his brother. He received the sentence of reclusion perpetua and the Solicitor General filed for an appeal on the grounds that he is an imbecile.

Issues:

WoN the defendant is an imbecile

WoN the questioned imbecilic nature of the defendant can affect his punishment.

Held and Ratio:

No, the defendant is not an imbecile, evidenced by his previous sixteen years of sanity in his marriage. Though he has procured the sympathies of the court with the circumstances of his situation.

No, the defendant is still charged with reclusion perpetua. The two mitigating circumstances, his diminished will power and his act of passion driven by jealousy (Art. 13 of Revised Penal Code) has been considered by the court but he is credited with one-half of any preventive imprisonment he has undergone.

Decision: Judgment affirmed but this case should be brought to the attention of the Chief Executive who, in his discretion may reduce the penalty to that next lower to reclusion perpetua to death or otherwise apply executive clemency in the manner he sees fit.