7/21/2019 People vs. Ignacio CRIM CASE

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G.R. No. 107801PEOPLE OF THE PHILIPPINES, plaintif-appellee,vs.ROSARIA V. IGNACIO, accused-appellant.March 26, 1997

Fac!" Rosaria Ignacio, then 44 years o age, lived with her husband, Juan Ignacio, 67 yearsold, Residing with the was Rosaria!s daughter, "ilagros #. $abanilla, by a previousarriage. %n the night o &' (ebruary )''*, Rosaria and Juan had a heated arguent."ilagros, entreated the to stop but the couple were in no ood to heed her. +he ollowingnight )& (ebruary )''*, at dinner, Juan and Rosaria had another uarrel. "ilagros peepedand saw by the gas lap that both were pulling a piece o lawanitand each tried to ta/epossession o it. Juan ultiately released the lawanitand turned to go or his bolo whenRosaria pic/ed up apalo-paloand hit Juan on the nape. Rosaria let the straggling Juan andsurrendered to the police at the unicipal building. Rosaria voluntarily disclosed beoreRolando 0on o Juan and 1at. 0an 2iego that she hit Juan with a wooden club.Juan died theollowing day.+estiying in her deense, Rosaria did not deny having in3icted the atalwounds on her husband. ccording to her, between 7 and in the evening o )& (ebruary

)''*, while she was resting on the wooden bed near the /itchen, her husband arrived drun/.red with a bolo, he went around the wooden bed and then aced her. 0he 5nally stood up,pulled his hair, got hold o apalo-paloand hit hi once on the head. +he assault sent Juanhovering down the 3oor. Rosaria went to the unicipal hall and surrendered to police ocer0an 2iego. Rosaria has interposed this appeal praying that she be acuitted on the basis osel-deense or, in the alternative, that she be held guilty only o hoicide rather than oparricide.

I!!#$" %h$h$r or No h$ acc#!$& '! (#')* o+ arr'c'&$

H$)&" -ES. n accused who interposes sel-deense adits the coission o the actcoplained o. +he burden o proving sel-deense would now be on the accused. nlawulaggression is a condition sine qua nonor the 8ustiying circustance o sel-deense. 9y her

own adission, appellant only thought that her husband would stri/e her. In act, appellant!sclai o sel-deense was belied by her own daughter, "ilagros, who declared that evenbefore the victim could get his bolo, appellant already pic/ed up herpalo-paloand hit hi.ccused clai o sel-deense cannot be sustained. +he bolo which was allegedly in victi!spossession and with which the victi allegedly attepted to hit the accused, was neveround and its whereabouts un/nown to the accused. ppellant contends that, i at all, sheshould be convicted only o hoicide, not parricide, because :there was no clear evidence oarriage: between her and the victi. ;ere, appellant not only declared in court that thevicti was her ourth husband but she also swore that they were arried beore a 8udge in"ontalban, Ri

7/21/2019 People vs. Ignacio CRIM CASE

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