FIRST
DIVISION
THE
UNITED STATES,
Plaintiff-Appellee,
G.
R.
No. 9291
March
2, 1914
-versus-
CAMILA
CUNANAN,
Defendant-Appellant.
D
E C I S I
O N
TRENT,
J :
This
is an appeal by the
defendant, Camila Cunanan, from a judgment of the Court of First
Instance
of Tarlac, condemning her to fifteen years imprisonment in Bilibid, to
indemnify the injured party, and to pay the costs of the case, for the
crime of frustrated parricide.
The evidence of record
establishes beyond a reasonable doubt the guilt of the appellant of the
crime charged. The penalty imposed is not in accordance with the law
and
the facts in the case. The information charges that the crime was
committed
with treachery. Treachery not being an element of the crime of
frustrated
parricide it must be taken as a generic aggravating circumstance. [U.
S.
vs. Villanueva, 2 Phil. Rep., 61]. There being no extenuating
circumstance
the maximum degree of the penalty must be imposed in accordance with
Articles
65 and 95 of the Penal Code.
The judgment is
therefore
modified by substituting seventeen years four months and one day of
reclusion
temporal, for the fifteen years imposed by the Court. The appellant is
also condemned to suffer the accessory penalties provided by law. In
all
respects the judgment is affirmed.
Arellano, C.J.,
Carson, Moreland and Araullo, JJ., concur. |