People v. Gonzales

 

People v. Gonzales

G.R. No. 217022

June 3, 2019

FACTS:

                The RTC and CA convicted Salve Gonzales for the crime of Parricide. On September 16, 2009, around 7 o'clock in the evening, he and Ronald got home from school. Appellant also got home from work around the same time. Shortly after, she discovered they had no current in the house because Ronald sold the bronze wire connected to the electric meter. Then, appellant's co-workers came to fetch her. When she came back home, she was drunk. Using a hanger, she hit Ronald several times until the hanger snapped. Still, she did not stop. She got hold of the broom and using its wooden handle, hit Ronald's head and body. At that time, Rhey was lying on the lower bunk of their double-deck bed. He cried when he saw what was going on. His two other siblings Racel and Raymart also cried. vomit on Ronald's bed and his jogging pants were wet with urine. Ronald could not eat and looked very weak. Meanwhile, appellant asked Ronald why he sold the bronze electrical wire. Ronald confessed he sold the bronze electrical wire because he needed money for his project. She then again took hold of the broom and inserted its handle into Ronald's mouth. Later in the evening, when Rhey arrived home, he learned that their aunt Glena Gonzales brought Ronald to the East Avenue Medical Center. Together with his uncle Teody Gonzales, he went to the hospital to check Ronald's condition. Ronald died around 10 o'clock in the evening of September 17, 2009.

ISSUE:

                Whether or not the CA erred in convicting the accused.

HELD:

                No. arricide and its elements proven Article 246 of the Revised Penal Code defines parricide, viz: Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. Parricide is committed when ( 1) a person is killed; (2) the accused is the killer; and (3) deceased is either the legitimate spouse of the accused, or any legitimate or illegitimate parent, child, ascendant or descendant of the accused. The presence of the third element is undisputed. Appellant is Ronald's mother. As for the first and second elements, appellant's minor children Rhey and Racel Gonzales categorically identified appellant as the person who killed Ronald. They each gave an eyewitness account of how appellant inflicted multiple blows on Ronald's head and body, first using a hanger until it snapped, and then, the broom's wooden handle. Appellant Salve Gonzales y Torno is found guilty of Parricide.