People vs Nuepe Wagas

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People vs Nuepe Wagas
G.R. No. 61704
March 8, 1989

Facts:

On 30 April 1981 in Baguio City, Nuepe Wagas killed his wife Victoria Wagas with whom he was united in lawful wedlock, and being then armed with a bladed instrument, he stabbed his wife and as a result of which attack she was wounded on her left chest which directly caused instantaneous death.
On the other hand, the accused-appellant, as the record of the case also shows, did not deny the killing of his spouse. His defense was that the killing had been committed under exceptional circumstances.

Issue:

Whether accused-appellant is deemed guilty of parricide or death or physical injuries inflicted under exceptional circumstances?

Held:

It is true that the evidence is replete with testimonies about the turmoil in the Wagas marriage; namely, that the spouses no longer lived together in the same house; that there had been a family dispute submitted for conciliation before the Barangay Council; and that the family elders had been consulted about the frequent marital spats. In addition, Victoria had not been the paragon of virtue, having been seen on several occasions, in familiarities unbecoming of a married woman with four children, with other men like a certain Johnny Diano.

This recount of salacious interludes involving his wayward wife, however, would not suffice to tilt the scales of justice in favor of Nuepe. The vindication of a Man's honor is justified because of the scandal an unfaithful wife creates; the law is strict on this, authorizing as it does, a man to chastise her, even with death. But killing the errant spouse as a purification is so severe as that it can only be justified when the unfaithful spouse is caught in flagrante delicto; and it must be resorted to only with great caution so much so that the law requires that it be inflicted only during the sexual intercourse or immediately thereafter.

Curiously, Nuepe himself admitted the absence of any feeling of jealousy or remorse, before the killing of his wife. And, as discussed earlier, he was not able to sufficiently establish catching his wife and another man in the sexual act.

The judgment appealed from is AFFIRMED, convicting the accused beyond reasonable doubt of the crime of parricide and imposing the penalty of reclusion perpetua. The indemnity, however, is increased from P12,000.00 to P30,000.00. Costs against the appellant.