PEOPLE vs.

DELA CRUZ
11 February 2010
Doctrine: Rule 131 Sec. 3 (aa), 1989 Rules on Evidence
Disputable presumptions. The following presumptions are satisfactory if uncontradicted,
but may be contradicted and overcome by other evidence: xxx (aa) That a man and woman
deporting themselves as husband and wife have entered into a lawful contract of marriage;
Ponente: NACHURA, J.
The Facts
Victoriano dela Cruz y Lorenzo (Victoriano) was charged with the crime of Parricide on
January 2, 2003 for allegedly stabbing his wife, Anna Liza Caparas-dela Cruz, multiple
times on her trunk and other parts of her body, thereby inflicting upon her serious
physical injures which directly caused her death.
The prosecution relied on the evidence of Joel Song, a neighbor who saw the accused
beating his wife outside of their home. The accused then dragged his wife into the
house and slammed the door. Later, the accused and his daughter came out of the
house. Joel was holding Anna, whose mouth was spurting blood. Anna later died at
Bulacan Provincial Hospital because of her wounds.
The Certificate of Death showed that Victorianos wife died of hemorrhagic shock as
a result of a stab wound, trunk.
During his trial, Victoriano testified that he came home very drunk from a friends
house, and was disturbed by his wifes nagging. He slapped her outside of the house
then dragged her into their house. Inside, he pushed her, causing her to fall on a
jalousie window, which broke. While helping her stand up, Victoriano noticed that her
back was punctured by a piece of shattered glass of the jalousie. He took her to the
hospital, where he was taken into custody by the police. He found out the next
morning that his wife had died. He testified that he loved his wife and did not
intentionally hurt her.
On 15 August 2005, the RTC found Victoriano guilty of Parricide under Art. 246 of the
Revised Penal Code and sentenced him to Reclusion Perpetua and to pay the heirs of Anna
for civil liability, moral damages, and exemplary damages.
The CA affirmed the decision of the RTC on 31 October 2008, modifying the decision only by
reducing the award of civil indemnity and deleting the exemplary damages.
Victoriano appealed to the Court.
Issues
Whether or not Victoriano committed the crime of Parricide
Held
The instant appeal is bereft of merit. The defendant was rightly convicted. Decision
AFFIRMED WITH MODIFICATION to reinsert the exemplary damages.

Ratio
Parricide is committed when (1) a person is killed; (2) the deceased is killed by the accused;
and (3) the deceased is the father mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse of the accused.
The key element in Parricide other than the fact of killing is the relationship of the
offender to the victim. In the case of Parricide of a spouse, the best proof of the
relationship between the accused and the deceased would be the marriage
certificate. In this case, the testimony of the accused that he was married to the
victim, in itself, is ample proof of such relationship as the testimony can be taken
as an admission against penal interest. Clearly, then, it was established that
Victoriano and Anna were husband and wife.
[NOTE: Other issues involving circumstantial evidence and mitigating circumstances are
excluded in this digest since they have no relation to the doctrine at hand]