People v. Tubban
REITERATIONFacts
The Antecedents: The accused, a youth less than 18 years of age and a member of an uncivilized tribe of Kalingas, was living with a 15-year-old girl, Dengon, whom his tribe recognized as his wife following a tribal wedding ceremony. The accused discovered Dengon in the act of adultery with another tribesman, Dumog. In a fit of passion, the accused struck Dumog with a head ax, causing a wound that led to Dumog's death. Procedural History: The accused was convicted of asesinato (murder) by the lower court and sentenced to seventeen years four months and one day of cadena temporal, with indemnity to the heirs of the deceased and costs. The Appeal: The appellant contended that the provisions of Article 423 of the Penal Code should have been applied, which exempts from punishment or imposes destierro for killing a spouse or paramour caught in flagrante delicto. Alternatively, he argued for the recognition of extenuating circumstances.
Issue(s)
Whether Article 423 of the Penal Code, concerning the killing of a spouse or paramour caught in adultery, is applicable to a relationship recognized only by tribal custom but not by law. Whether the accused's youth, tribal customs, and the circumstances of the discovery of adultery constitute extenuating circumstances that warrant a reduction in penalty.
Ruling
The Supreme Court modified the sentence imposed by the lower court. While affirming the conviction for murder, the Court reduced the penalty from seventeen years four months and one day of cadena temporal to six years and one day of presidio correctional, giving the accused the benefit of marked extenuating circumstances and the provisions of Article 81 of the Penal Code, as amended by Act No. 2298.
Ratio Decidendi
On Issue 1: The Court ruled that Article 423 of the Penal Code is strictly applicable only to legally married individuals and cannot be extended to relationships not recognized by law, even if acknowledged by tribal custom. The Court emphasized that there is no provision of law that recognizes as legal a tribal marriage of non-Christians or members of uncivilized tribes celebrated without compliance with the requisites prescribed by General Orders, No. 68. Therefore, the relationship between the accused and Dengon, not being a legal marriage, did not qualify for the application of Article 423. On Issue 2: The Court held that two marked extenuating circumstances should be taken into consideration. Firstly, the fact that the accused and Dengon were living together as husband and wife and were recognized as such by the other members of the tribe, under subsection 8 of Article 9 of the Penal Code. Secondly, the fact that the accused is a member of an uncivilized tribe, of a low order of intelligence, uncultured, and uneducated, under Article 11 of the Penal Code, as amended. Furthermore, the accused's age, being less than 18 years at the time of the commission of the crime, warranted the imposition of a penalty one degree lower than that prescribed by law for the offense when committed by one of full age, pursuant to Article 81 of the Penal Code, as amended by Act No. 2298, which allows courts discretion to impose a lower penalty where extenuating circumstances are present and no aggravating circumstances exist.
Main Doctrine
The Supreme Court held that Article 423 of the Penal Code, which provides for a penalty of destierro for a husband who kills his wife or her paramour caught in the act of adultery, is strictly applicable only to legally married individuals and cannot be extended to relationships not recognized by law, even if acknowledged by tribal custom. The Court also affirmed the application of extenuating circumstances under Articles 9 and 11 of the Penal Code, such as the accused's youth, low order of intelligence, lack of culture, and the recognized tribal relationship as husband and wife, in mitigating the penalty, and the discretionary power of the court under Article 81, as amended by Act No. 2298, to impose a penalty one degree lower than that prescribed by law when extenuating circumstances are present and no aggravating circumstances exist.