G.R. No. 9291. March 02, 1914
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. CAMILA CUNANAN, DEFENDANT AND APPELLANT.
TRENT, J.:
Court of First Instance of Tarlac, condemning her to fifteen years imprisonment
in Bilibid, to indemnify the injured party, and to pay the costs of the case,
for the crime of frustrated parricide.
The evidence of record establishes
beyond a reasonable doubt the guilt of the appellant of the crime charged. The
penalty imposed is not in accordance with the law and the facts in the case. The
information charges that the crime was committed with treachery. Treachery not
being an element of the crime of frustrated parricide it must be taken as a
generic aggravating circumstance. (U. S. vs. Villanueva, 2 Phil. Rep.,
61.) There being no extenuating circumstances the maximum degree of the penalty
must be imposed in accordance with articles 65 and 95 of the Penal Code.
The judgment is therefore modified by substituting seventeen years four
months and one day of reclusion temporal, for the fifteen years imposed
by the court. The appellant in also condemned to suffer the accessory penalties
provided by law. In all other respects the judgment is affirmed.
Arellano, C. J., Carson, Moreland, and Araullo, JJ.,
concur.