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Title: People vs NONA SALAZAR PADIERNOS Topic: Facts: 1.

Nona and the deceased, Rodolfo Padiernos are husband and wife.
a. b. c. d. Married in Cainta, Rizal Begot 4 children Lived in San Juan, Rizal Rodolfo: i. A tall, big, robust man ii. An agent of the Bureau of Customs iii. He had a gun in his name which he hid under his bed

2. On the night/dawn in question: a. 4am: Rodolfo arrived drunk. Nona helped him change his clothes. After, he went straight to his bed. b. 630am: Nona w/ their family driver, Roberto Vale Valeriano, brought her son to school c. 7am: Upon arriving, Nona went to the bedroom. She went out again and asked the maid Letty, nasaan ang gamit ng kuya mo?. At that time, Rodolfo was just lying down on the bed, reading a newspaper. After being informed of the clothes, Nona went inside the room again. d. Shortly after, Nona and Rodolfo went out of the room. Nona was crying out Vale, Vale. e. The driver came and saw Nona holding a blood-stained knife on her right hand and Rodolfo was sprawled on the floor, in his own blood, groaning. f. Nona kept saying, Ganyan na lang ang pagmamahal ko sa iyo, niloloko mo pa ako. g. The driver together with the other household members and Nona carried Rodolfo to the car to be brought to the hospital. h. On the way, Nona was saying, Putang ina mo, iyan ang nababagay sa iyo, pag namatay ka magpapakamatay na din ako." i. Rodolfo was dead on arrival. j. Nona didnt surrender to the authorities. Instead, she asked her driver for her to be brought to her uncles house in San Juan. k. The driver then went to Fort Bonifacio to fetch the brother of the deceased, Romeo. 3. During the investigation in Nona and Rodolfos home, the gun, was found under the mattress of their bedroom, as well as the knife. 4. Nona could no longer be located. 5. The Necropsy report shoed Rodolfo died of 1 lacerated wound and 3 stab wounds. 6. After 4 years, Nona surrendered. 7. During the trial, Nona admitted the killing but she was doing it in self-defense. 8. Nonas story:
a. b. c. d. e. Rodolfo accused her of stealing 1k, that she gave to her brother Jose, from his bag. They had a heated argument. Rodolfo pulled her hair and slapped her. Nona held his clothes and when Rodolfo pushed her back, they both fell on the floor. Rodolfo said, Putang ina mo, papatayin kita." Then, he got his gun under the mattress and pointed it at her.

f.

g.

9. Nonas testimony was disbelieved by the CFI. 10.CFI: Nona is guilty of parricide 11.Hence this appeal.

Believing that Rodolfo would kill her, she grabbed, with her left hand, the knife under the bed. Then she stood up and with the deceased in front of her, covered her eyes with her right hand, and began swinging the knife from left to right and from right to left. When she opened her eyes and seeing Rodolfo approaching her, she ran out the door.

Issue: 1. W/N Nonas plea of self-defense is tenable 2. W/N the testimonies of the witnesses were credible Held:
1. No a. b. c. d. If Nona really inflicted the wounds sustained by the deceased in the manner claimed then Rodolfo would have sustained "slash wounds and not stab wounds" as found by the autopsy report. Moreover, these stab wounds, specially the fatal wound at the back, could not have been sustained by Rodolfo if he had been facing the appellant. The nature and location of the stab wounds indicate that the appellant inflicted those wounds while she was behind or at the back of the deceased. Why did her husband remain standing in front of her, immobile like a post without avoiding the knife and allowed himself to be killed? If it were true that the deceased was standing in front of her with a gun pointed at her and angry enough to kill her, why didn't he shoot her? Furthermore, after the stabbing incident, the appellant did not surrender to the authorities, but fled and went into hiding and surrendered only after almost four (4) years from the commission of the crime. i. Established guilt It is now a well-settled rule that one who admits the infliction of injuries which caused the death of another has the burden of proving self-defense with sufficient and convincing evidence.

e.

f.

2. Yes a. TCs have the opportunity to observe the demeanor and conduct of witnesses while testifying and, therefore, is in a better position to properly gauge their credibility. b. Thus appellate courts wont disturb their (TC) fact-findings c. Nona contends: the prosecution witness Letty Basa is biased because she is the cousin of Rodolfo i. This is without merit. ii. While witnesses may be said to be interested by reason of their relationship with one of the parties, their declarations should not be disregarded or rejected capriciously on the ground of bias alone where-as in the present case-they are reasonable, consistent and supported by facts and circumstances. d. Nona contends: The non-presentation of the written statement of this witness to the police which she (Nona) allegedly did not sign, gave rise to the presumption that it "contained declarations disastrous to the prosecution case". i. The presumption that suppressed evidence is unfavorable does not apply where the evidence was at the disposal of both the defense and the prosecution. ii. In the case at bar, the alleged statement of prosecution witness Letty was in the possession

of the police authorities. Hence, the defense could have requested the court below to issue a subpoena requiring the police to produce such statement, but as the defense failed to do that, they cannot now argue that said statement if produced would have been adverse to the prosecution e. Nona contends: that it was Dr. Enrique Jimenez and not Dr. Brion, who conducted the autopsy examination on the body of Rodolfo i. Devoid of merit ii. Dr. Brion testified that the autopsy examination of the body of the deceased was conducted under his direct supervision. iii. He was competent to testify on the nature, extent, and location of the wounds.