Petitioner
People
Respondent
Guillermo Nepomuceno, Jr.
Citation
G.R. No. 127818
Court
Supreme Court
Division
Second Division
Ponente
Melo, J.
Decided
November 11, 1998

Summary

Accused-appellant was convicted of parricide for shooting his wife during a domestic argument. He appealed claiming the shooting was accidental while preventing his wife from committing suicide and during their struggle for gun possession. The Supreme Court affirmed the conviction, finding that physical evidence contradicted the accused's version. Paraffin tests showed no nitrates on the victim's hands, indicating no struggle for the gun, while the bullet's upward trajectory and distance of at least 12 inches negated claims of close-range accidental discharge. The Court held that drawing a weapon during a quarrel constitutes an unlawful act, precluding the accident exemption under Article 12 of the Revised Penal Code. The sentence was modified from '40 years of reclusion perpetua' to simple 'reclusion perpetua' with voluntary surrender appreciated as a mitigating circumstance.

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By the Intellegal Editorial Board · November 11, 1998

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