PEOPLE vs. MONLEON (Criminal Law 1 Review)

G.R. No. L-36282 December 10, 1976

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, 

vs.

COSME MONLEON, accused-appellant.

Prospero A. Crescini, for appellant.

Solicitor General Estelito P. Mendoza, Assistant Solicitor General Conrado T. Limcaoco and Solicitor Pio C. Guerrero for appellee.

FACTS:

Cosme Monleon arrived at his house. He was drunk. He inquired from Concordia whether their carabao had been fed by their ten-year old son, Marciano. She assured him that the carabao had been fed. He repaired to the place where the carabao was tethered to check the veracity of her statement. He discovered that the carabao had not been adequately fed. He became furious.

When he was about to whip Marciano, Concordia intervened. A violent quarrel ensued between them. He placed himself astride his wife's chest, squezzed her neck, pressed her head against a post, and kicked her in the abdomen.

Felicisimo, one of the couple's six children, pulled away his father and stopped his assault on Concordia.

The following morning Concordia vomitted blood. She died at eleven o'clock on that morning of June 2. Death was due to "acute abdomen" (Exh. B), a pathologic condition within the belly, requiring surgical intervention.

ISSUE:

Whether recommendation of executive clemency will prosper.

RULING:

YES.

The Solicitor General is correct in finding that the extenuating circumstances of lack of intent to commit so grave a wrong and intoxication, which was not habitual, are present in this case. Hence, the penalty imposable on Monleon is reclusion perpetua (Arts. 63[3] and 246, Revised Penal Code).

But considering that Monleon had no intent to kill his wife and that her death might have been hastened by lack of appropriate medical attendance or her weak constitution, the penalty of reclusion perpetua appears to be excessive. A strict enforcement of the provisions of the Penal Code means the imposition of a draconian penalty on Monleon.

Therefore, there is sufficient justification for the Solicitor General's recommendation that Monleon's case be brought to the attention of the Chief Executive so that the penalty of reclusion perpetua may be reduced.

WHEREFORE, the trial court's judgment is affirmed. Pursuant to article 5 of the Revised Penal Code, a certified copy of this decision should be furnished the Chief Executive through the Secretary of Justice.