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    People of The Philippine Islands Vs

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    arhose0399

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    People of The Philippine Islands Vs

    Uploaded by

    arhose0399
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    People of the Philippine Islands Vs

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    1 views2 pages

    People of The Philippine Islands Vs

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    arhose0399

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    © All Rights Reserved
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    People of the Philippine Islands vs. Josefina Bandian (G.R. No.

    45186, September 30, 1936)

    I. Facts: Josefina Bandian was accused of infanticide after her newborn child was
    found dead in a thicket near her home. On January 31, 1936, her neighbor, Valentin
    Aguilar, saw her go into the thicket, presumably to relieve herself. Upon returning,
    she was weak, dizzy, and her clothes were stained with blood. Aguilar assisted her
    back to her house, where she lay on her bed, bleeding profusely When asked what
    had happened, the appellant only said she was feeling dizzy.Aguilar, not wanting to
    stay alone with her, called for help from Adriano Comcom, a nearby resident.
    Comcom was sent to fetch bamboo leaves to help stop the appellant's bleeding.While
    walking approximately five brazas (about 9 meters) away, Comcom discovered the
    body of a newborn baby near a path next to the thicket where the appellant had been
    earlier. Comcom informed Aguilar, and the latter instructed him to bring the baby’s
    body to the appellant's house. Upon being asked whether the baby was hers, the
    appellant confirmed that it was.

    At 2:00 PM that same day, Dr. Emilio Nepomuceno, a physician and president of the
    sanitary division in Talisayan, Misamis Oriental, was notified of the incident and
    visited the appellant's house. He found her still bleeding and lying in bed, with blood
    covering her bed, the floor, and the ground beneath it.

    Dr. Emilio Nepomuceno, the physician who examined Bandian, testified that she
    admitted to him that she killed her child to hide her dishonor from Luis Kirol, her
    partner. However, it was revealed that the baby had died due to animal bites, not from
    any direct harm inflicted by Bandian.

    The prosecution, relying heavily on Dr. Nepomuceno’s testimony, sought to convict


    Bandian for infanticide. However, there was no evidence to demonstrate that Bandian
    acted wilfully or with intent to kill or abandon her child. Bandian had been suffering
    from fever and extreme weakness for a prolonged period, and during her testimony,
    she stated that she had not been aware of giving birth due to her physical condition.
    She also denied making the alleged confession to Dr. Nepomuceno.

    II. RTC/Lower Court Ruling: The lower court convicted Bandian of infanticide, sentencing her
    to reclusion perpetua. The court placed significant weight on Dr. Nepomuceno’s testimony,
    particularly the alleged admission made by Bandian.

    III. CA Ruling: III. CA Ruling


    The Court of Appeals upheld the RTC's ruling, emphasizing the credibility of Dr. Nepomuceno's
    testimony despite its lack of corroboration and the contradictions presented by the defense.

    IV. Issue: Whether Josefina Bandian could invoke insuperable cause as an exempting
    circumstance to exonerate her from criminal liability.

    V. SC Ruling: The Supreme Court acquitted Josefina Bandian, ruling that she was exempt from
    criminal liability under Article 12 of the Revised Penal Code, specifically under the fourth and
    seventh exempting circumstances. The Court found that Bandian, due to her fever, dizziness,
    extreme weakness, and inexperience as a primipara (first-time mother), was not aware of her
    childbirth and did not willfully abandon the child. The physical and mental conditions she
    experienced during and after childbirth were considered lawful or insuperable causes that
    prevented her from taking care of the child.

    The Court further held that there was no evidence that Bandian acted with intent or imprudence.
    She should not be blamed therefor because it all happened by mere accident.Dr. Nepomuceno’s
    testimony was found to be unreliable, especially as it was contradicted by other prosecution
    witnesses. The baby’s death was caused by animal bites, not by Bandian’s actions.

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