G.R. No. 12756. September 06, 1917
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. CATALINA SILVANO, DEFENDANT AND APPELLANT.
Decisions / Signed Resolutions September 6, 1917 MALCOLM, J.:
MALCOLM, J.:
The defendant and appellant caused the death of her husband, Maximo Catalong,
by hitting him with a hammer. While this fact is principally established by
circumstantial evidence, this evidence is convincing and is of such a nature as
to be only consistent with the theory that the wife committed the crime of
parricide. We find no reason for interfering with the findings of the trial
court. (U. S. vs. Ambrosio and Falsario [1910], 17 Phil. Rep.,
295.)
by hitting him with a hammer. While this fact is principally established by
circumstantial evidence, this evidence is convincing and is of such a nature as
to be only consistent with the theory that the wife committed the crime of
parricide. We find no reason for interfering with the findings of the trial
court. (U. S. vs. Ambrosio and Falsario [1910], 17 Phil. Rep.,
295.)
Having in mind article 402 in connection with article 95 of the Penal Code,
the defendant and appellant is sentenced to reclusion perpetua, and to
pay the costs of both instances. The Attorney-General also recommends that the
defendant be ordered to indemnify the heirs of the deceased in the amount of
P1,000. If this was a case of first impression, the writer would hesitate to fix
this sum arbitrarily in a criminal prosecution and with no basis having been
laid in the trial, but having in mind the practice of the court, accedes to the
request without argument. So ordered.
Arellano, C. J., Johnson, Carson, Araullo, and Street. JJ.,
concur.