Preview

People vs Gelaver Digest

Good Essays
Open Document
Open Document
508 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
People vs Gelaver Digest
108 | Criminal Law 1
Case Digest | MITIGATING CIRCUMSTANCES | Passion or Obfuscation
06July2013
G.R. No. 95357 June 9, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
EDUARDO GELAVER, accused-appellant.
Facts: At 7:00 a.m. of March 24, 1988, Randy Mamon heard shouts coming from the house of Tessie Lampedario in Barangay Poblacion, Municipality of Sto. Niño, South Cotabato. He saw the appellant and a woman having a heated argument. Thereafter, appellant held the neck of the victim, dragged her and with a knife on his right hand, stabbed the latter three times on the breast. Appellant then went out of the gate and fled in the direction of the public market of Sto Niño.
Crime: Parricide
Accused: Appellant continued to stab his wife stating that his mind had been "dimmed" or overpowered by **passion and obfuscation by the sight of his wife having carnal act with her paramour. Appellant faults the trial court in imposing the penalty of reclusion perpetua for the crime of parricide, instead of the penalty of destierro for killing under exceptional circumstances pursuant to *Article 247 of the Revised Penal Code.
State: The natural thing for a person to do under the circumstances was to report to the police the reason for killing his wife. Appellant failed to inform the police that he killed his wife when he saw her having sexual intercourse with her paramour. His testimony is tainted with inconsistencies such as the exact moment when he saw her wife and her paramour, that he did not know the paramour’s name despite living in the same town, and alleging that his daughter informed by his daughter that his wife and paramour were living at a house.
Held: The trial court erred in finding the presence of the mitigating circumstance of passion or obfuscation "as a result of his (appellant's) wife leaving their home and their children." Before this circumstance may be taken into consideration, it is necessary to establish the existence of an unlawful act

You May Also Find These Documents Helpful

  • Better Essays

    In the case of White v. Patrick Gibbs and O’Malley’s Tavern, Mrs. White is suing Mr. Gibbs and O’Malley’s Tavern in the death of her husband, Mr. White. Mr. Edward Hard was a patron of the tavern the night of the accident with Mr. and Mrs. White. Mr. Hard was in a relationship with Mrs. White before she married Mr. White. Mr. Hard saw Mr. and Mrs. White leave the tavern on this night and followed them out the door. Mrs. White observed Mr. Hard drinking several alcoholic beverages while they were there. When Mr. and Mrs. White where leaving Mr. Hard confronted Mr. White telling him that “she should be my wife” and “this is not over.” After Mr. and Mrs. White got in their car and were leaving the establishment, Mr. Hard followed them driving recklessly. He was swerving across the road, driving in the opposite lane, and hitting mailboxes. His recklessness and inability to drive due to being intoxicated resulted in him crashing into Mr. and Mrs. White’s vehicle ultimately killing Mr. White and severely injuring Mrs. White. This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, Jordan Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White.…

    • 1382 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Issues: Throughout the trail process on behalf of the court the inquiry for exceptions to the charge inaccuracy developed regarding instructions. The appellant was seeking a claim based of the defense of his alibi.…

    • 1597 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Throughout the proceedings of this case, the defense has proven that not only was the prosecution’s case mainly based on the testimony of Ms. Shirley Thompson, but they were unable to find substantial evidence to determine whether their act of sexual intercourse was consensual or not. During the prosecution’s examinations, Ralph Thompson and Detective Rich were unable to…

    • 450 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Before leaving, defendant would not respond to her request to use the telephone, and when she attempted to, it was taken from her. She made it clear that she certainly didn't want to go to the hospital, but she did go anyway, escorted by the two attendants who came with the defendant.…

    • 1197 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Sibler v Stacey s

    • 4506 Words
    • 13 Pages

    [Quicklaw note: Supplementary reasons for judgment were delivered December 19, 1985. See [1985] B.C.J. No. 3009.]…

    • 4506 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Case Brief

    • 7225 Words
    • 24 Pages

    NOTICE: [***1] THESE ARE NOT OFFICIAL HEADNOTES OR SYLLABI AND ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT. PLEASE REVIEW THE CASE IN FULL.…

    • 7225 Words
    • 24 Pages
    Powerful Essays
  • Better Essays

    The Regina Knight Case

    • 1974 Words
    • 8 Pages

    In order for a trial to be brought, the police and prosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus, Mens rea as well causation was clearly shown through the behavior of Katherine Knight.…

    • 1974 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    anita cobby case

    • 1873 Words
    • 5 Pages

    Recently, an interesting case of murder involving a young married woman was unravelled by the crime scene team. The collection of evidence and laboratory examination of exhibits provided the corroborative evidence necessary to prove the victim’s in-laws were trying to mislead the Investigating Officer by fabricating a story of looting and murder…

    • 1873 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    National Pastime Case

    • 1832 Words
    • 8 Pages

    Rule of Statutory Stare Decisis, 88 MICH. L. REV. 177, 229 (1989), with William N. Eskridge,…

    • 1832 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    THIS CAUSE having come on to be heard before the Court upon the Wife’s Complaint for Divorce, and the Husband’s Counter Complaint for Divorce, and the Court having scheduled a Final Hearing for June 17, 2012, and the parties and their respective counsel having appeared before the Court on said date, and the parties having established residency during the Final Hearing, and the Court being otherwise fully advised the premises finds that:…

    • 1143 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    First the court did know if the wife would be an appropriate witness if the crimes were against her. Second the violence was unprovoked. The wife didn’t do anything wrong to deserves to get struck with a switch. The new scope of the precedent is that if the husband had no reason to hurt his wife, then he should not have engaged in the vicious acts. 5.…

    • 507 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Law Page About an Assault

    • 418 Words
    • 2 Pages

    The case discusses how a 31 year old man who goes by the name of John Hoang ended up being charged with aggravated assault and assault with a weapon after a traffic dispute to which he plead not guilty. John Hoang had just exited Highway 401 around 7 A.M. on March 29, 2010, when a car then hit him. Enraged he tried getting the car to pull over but failed, but then managed to get a motorist, Gunanayagam Thurainayagam, to pull over. John had accused him of hitting his car. Gunanayagam denied the accusations, and moments later, Gunanyagam was seen with a piece of steel rebar ready to attack John. John in shock pulled out a box cutter and stabbed Gunanyagam in the shoulder and back, causing him to flee the scene but then turning himself in the next day. At trial John requested a specific amount of money for damages to his car, where Gunanyagam would refuse them all. After testifying and shaking hands with one another, John stabbed Gunanyagam again.…

    • 418 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Retard

    • 969 Words
    • 4 Pages

    (d) The case: (12 marks) • What happened in this case? (1 mark) Summarise the facts. PLEASE BE CAREFUL NOT TO SIMPLY RE-WRITE OR RE-STATE THE FACTS. What is required is a BRIEF summary, in your own words. What was the decision in the case? (1 mark) Identify and explain the main legal issue or issues of the case in your own words. (10 marks) NOTE: this part of the question will require students to do some reading and to conduct some independent research beyond the case and beyond the prescribed textbook. Please see the attached Guidelines for this Assignment, as well as the Research Guidance Notes for Assignment 1 on Blackboard to help you with your research.) 3. Please include footnotes AND a bibliography (list of references at the end of your assignment). Please note footnotes and the bibliography will NOT be included in the word limit. NOTE: You should also refer to the Course Outline (section 4) regarding Assessment Format (paragraph 4.3), Assignment Submission Procedure (paragraph 4.4) and penalty for late submission (paragraph 4.5).…

    • 969 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    Casey Anthony Trial

    • 1592 Words
    • 7 Pages

    One of the most controversial and polemic trials of all times since the OJ Simpson trial was the case of Casey Anthony and the murder of her two year old daughter. All the evidences and witness revealed that she was the main suspect in the murder of her daughter; however in 2011 she was found not guilty of this murder due to several different aspects. This paper will inform and provide the reader with detailed information about this case. In addition the reader will find out what was the outcome of this case and will provide the evidence and will summarize the criminal procedures that occurred from arrest through appeal. The elements of the crime and the evidence which prove that she was guilty will be described. In addition the legal defenses will be identified and how based on the evidence Casey Anthony should have been sentence to life in prison.…

    • 1592 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    It was alleged that there was a deliberate omission to provide sufficient nourishment to the child and omission to obtain medical attention for the child and these were occupied by an intention to kill (mens rea) or where the accused was aware that their action could lead…

    • 570 Words
    • 3 Pages
    Satisfactory Essays

Related Topics