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    People vs. Formigones

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    MA. MERYLL MARCELO
    Abelardo Formigones stabbed and killed his wife Julia out of jealousy after moving in with his half-brother Zacarias. He admitted to killing her during the investigation. At trial, his counsel argued he was an imbecile based on strange behavior in prison, but the court-appointed doctor said he could still distinguish right from wrong. While feebleminded, he was not completely devoid of reason. The court found him guilty of parricide but credited him for time served due to passions of jealousy and feeblemindedness being mitigating circumstances.

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    People vs. Formigones

    Uploaded by

    MA. MERYLL MARCELO
    45 views2 pages
    Abelardo Formigones stabbed and killed his wife Julia out of jealousy after moving in with his half-brother Zacarias. He admitted to killing her during the investigation. At trial, his counsel argued he was an imbecile based on strange behavior in prison, but the court-appointed doctor said he could still distinguish right from wrong. While feebleminded, he was not completely devoid of reason. The court found him guilty of parricide but credited him for time served due to passions of jealousy and feeblemindedness being mitigating circumstances.

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    Abelardo Formigones stabbed and killed his wife Julia out of jealousy after moving in with his half-brother Zacarias. He admitted to killing her during the investigation. At trial, his counsel argued he was an imbecile based on strange behavior in prison, but the court-appointed doctor said he could still distinguish right from wrong. While feebleminded, he was not completely devoid of reason. The court found him guilty of parricide but credited him for time served due to passions of jealousy and feeblemindedness being mitigating circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    45 views2 pages

    People vs. Formigones

    Uploaded by

    MA. MERYLL MARCELO
    Abelardo Formigones stabbed and killed his wife Julia out of jealousy after moving in with his half-brother Zacarias. He admitted to killing her during the investigation. At trial, his counsel argued he was an imbecile based on strange behavior in prison, but the court-appointed doctor said he could still distinguish right from wrong. While feebleminded, he was not completely devoid of reason. The court found him guilty of parricide but credited him for time served due to passions of jealousy and feeblemindedness being mitigating circumstances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    People vs.

    Formigones
    G.R. No. L-3246
    November 29, 1950

    Facts:

    - In the month of November 1946, Abelardo (appellant) with his wife, Julia Agricola, and five
    children moved to live in the house of his half- brother, Zacarias Formigones.
    - Abelardo Formigones moves his family to Sipocot to find employment as harvester of palay.
    - December 28, 1946, late afternoon, Formigones took his bolo and stabbed his wife Julia in the
    back.
    - The wife fell in the stairs where she was sitting before she was stabbed.
    - Formigones carried his wife up the house and laid her on the living room floor and lay down
    beside her. This is how people found them.
    - The eldest of the children, Irene Formigones, witness the stabbing and shouted for help.
    - During constabulary investigation, Abelardo signed a written statement wherein he admitted of
    killing his wife.
    - Abelardo’s motive for killing his wife was due to jealousy. Abelardo suspected his wife and
    Zacarias are having an affair.
    - Zacarias was living with his grandmother but he frequently visits Abelardo and his family.
    Zacarias would also spend the night there. This aroused the suspicions of Abelardo.
    - Preliminary investigation conducted by justice of peace of Sipocot, Abelardo pleaded guilty.
    - Trial case in the Court of First Instance, Abelardo entered a plea of not guilty.
    - Counsel of Abelardo presented a testimony of two jail guard that Abelardo behaved like an
    insane person- he removes his clothes and goes naked in the prison; sometimes he would
    remain silent and indifferent in his surroundings; he refuses to take a bath and wash his clothes
    until forced by the guards; he would sing with his fellow prisoners or alone.
    - The appeal is based merely on the theory that the appellant is an imbecile and therefore exempt
    from criminal liability under RPC Article 12.

    Issues

    Whether or not Abelardo is an imbecile at the time of the commission of the crime, rhus exempted from
    criminal liablity?

    Held:

    No. He is not an imbecile. According to Dr. Francisco Gomes, although he was feebleminded, he is not an
    imbecile as he could still distinguish between right and wrong and even feel remorse. In order that a
    person could be regarded as an imbecile as stated in Article 12 of the RPC so as to be exempt from
    criminal liability, he must be deprived completely of reason or discernment and freedom of will at the
    time of committing the crime. As to the strange behavior of the accused during his confinement,
    assuming it was not feigned to stimulate insanity, it may be attributed either to his being feebleminded
    or to morbid mental condition produced by remorse for having killed his wife. A man who could feel the
    pangs of jealousy and take violent measures to the extent of killing his wife who he suspected of being
    unfaithful to him, he was vindicating his honor, could hardly be regarded as an imbecile. WON the
    suspicions were justified, is of little or no importance. Furthermore, in his written statement, he readily
    admitted that he killed his wife and at the trial he made no effort to deny or repudiate said written
    statements. Two mitigating circumstances are present: passion or obfuscation (having killed his wife in a
    jealous rage) and feeblemindedness.

    Ruling:

    The appellant is found guilty of parricide and the lower court’s judgement is hereby affirmed with the
    modification that the appellant will be credited with half of any preventive imprisonment he has
    undergone.

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