People v Jaca |55 Phil. 950 | Aug. 18, 1931


Facts: Severa Jaca and Proceso Rasalan was charged for the killing of a newborn child before it was 3 days old, to conceal the dishonor of Severa Jaca, the mother. The CFI acquitted Severa Jaca, but convicted Proceso Rasalan of Infanticide. It was shown in the evidence that Rasalan killed the newborn child after Severa Jaca had given birth by wrapping up the baby in a cloth which asphyxiated it resulting to its death.

Issue: WON Proceso Rasalan is guilty of Infanticide.

Ruling: Since it has been established in the record that the crime charged was committed, and that the defendant committed it; that, inasmuch as he is not an ascendant of the dead child, he has incurred, according to the law the penalty for murder and guilty of this crime, the judgment appealed from is affirmed, except for the indemnity which has been voted down by a majority of the court.

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