People v. Simbra, Simbra , 117 SCRA 242 (1982) Facts: Sergio Tolibas was charged ad !o"d g"ilt# o! the cri$e o! ra%e o! oe &resilda &o'ales, a 1 #r old girl *rosec"tio+s *rosec"tio+s ersio: -e ight, &o'ales le!t her ho"se to !etch water !ro$ the artesia well . the %"blic $ar/et Abo"t 0 $eters awa# !ro$ her ho"se, alog a "lighted %ortio o! the road, a%%ellat Tolibas Tolibas ad oe Si$bra, both s$ellig o! t"ba+, acc"sed her her Si$bra grabbed her b# the ar$s while Tolibas "ic/l# coered her $o"th with a had/erchie! had/erchie! 3el%ig each other, the# dragged the girl to a seri, where the bad deed ha%%eed "rig the 5rst co$$issio o! ra%e, Si$bra was the oe who s"cceeded haig caral /owledge while Tolibas Tolibas held the girl+s ar$s ar$s ad coered coered her $o"th Si$bra s"cceeded s"cceeded twice A!terwards, it was Tolibas who had caral /owledge o! the girl 0 ti$es while Si$bra was holdig the co$%laiat A!ter A!ter the co$$issio o! the cri$e, the two bro"ght the girl to the ho"se o! Tolibas+ sister, where she was !etched b# her a"t *olice iterrogatio !ollowed e!ese+s ersio: &o'ales was Si$bra+s sweetheart ad what ha%%eed i the seri was doe with the coset o! the girl .ss"e: 6- Si$bra was a %rici%al b# idis%esable coo%eratio 3eld: es A%%ellat+s ersio is hard to beliee Tolibas co$$itted the cri$e o! ra%e thro"gh direct %artici%atio whe he hi$sel! had caral /owledge o! the girl Ad, whe he aided Si$bra, he co$$itted aother cri$e o! ra%e thro"gh idis%esable coo%eratio 3e is hereb# g"ilt# o! two cri$es o! cos"$$ated ra%e People v. Nierra, Nierra, 9 *hil 1 (198) Facts: "liaa &ad"gd"g ierra ad *agao ierra, her brotherilaw, were co$%etitors co$%etitors i the b"siesses o! la"ch tras%ortatio ad the sale o! so!t dri/s i ;arrio Tiago, &eeral Satos Cit# . order to $oo%oli'e those b"siesses i the localit#, *aciao ierra ierra coceied the .dea o! li"idatig his co$%etitor, "liaa For that %"r%ose, Felicisi$o Felicisi$o oble, a co"si i law o! *aciao, acco$%aied to *aciaoicete Ro?as, ad a%%rised hi$ that he (=isa) had bee hired to /ill "liaa =isa as/ed Ro?as Ro?as to act as loo/o"t whe the /illig wo"ld be %er%etrated
Therea!ter, the "war# "liaa wet to the beach where she was acc"sto$ed to oid ad whe she s"atted, =isa "e@%ectedl# a%%eared behid her, held her hair, th"s tiltig her !ace, ad while i that %ost"re, he iserted ito her $o"th the $"''le o! the %istol ad 5red it *aciao ad &a"decia, who were ear the beach, witessed the act"al /illig - A"g"st 7, 199, =isa was iterrogated b# *atrol$a A; >ecer r o! the cit# %olice de%art$et 3e siged a co!essio ad$ittig the /illig o! "liaa ierra ad i$%licatig the other acc"sed therei , =isa testi5ed at the %reli$iar# iestigatio . his testi$o#, he ad$itted agai the /illig ad co5r$ed his co!essio i$%licatig *aciao ierra, his wi!e &a"decia, oble ad Ro?as Therea!ter, =isa, oble, Ro?as ad the ierra s%o"ses, as cocos%irators, were charged with $"rder aggraated b# reward, treacher#, eidet %re$editatio, oct"rit#, igo$i# ad ab"se o! s"%eriorit# ad, as to =isa, recidiis$, sice he had bee seteced to recl"sio %er%et"a !or the $"rder o! Atoio Abad Tor$is i Ceb" Cit# .ss"e: 6- "bli ad Ro?as are cri$iall# liable as acco$%lice 3eld: es A!ter a coscietio"s reectio o the co$%licit# o! oble ad Ro?as, we hae reached the cocl"sio that the# sho"ld be held g"ilt# as acco$%lices .t is tr"e, strictl# s%ea/ig, that as co cos%irators the# sho"ld be %"ished as co %rici%als 3oweer, sice their %artici%atio was ot absol"tel# idis%esable to the cos"$$atio o! the $"rder, the r"le that the co"rt sho"ld !aor the $ilder !or$ o! liabilit# $a# be a%%lied to the$ . so$e e@ce%tioal sit"atios, haig co$$"it# o! desig with the %rici%al does ot %reet a $ale!actor !ro$ beig regarded as a acco$%lice i! his role i the %er%etratio o! the ho$icide or $"rder was, relatiel# s%ea/ig, o! a $ior character People v. Doble, 114 SCRA 101 (1982) Facts: Bate i the ight o! "e 10, 19, 1 $e, al$ost all heail# ar$ed w %istols, carbies ad tho$%sos, le!t the shores o! =aila i a $otor baca D %roceeded to aotas, Ri'al to rob the beachba/ *r"detial ;a/ D Tr"st Co Said ba/ wad a ""s"al ba/ig ho"rs, o%e !ro$ $idight till 8A= -ce doc/ed i aotas ad ta/ig adatage o! the dar/ess o! the ight, 8 $e dise$bar/ed !ro$ the baca ad %roceeded to their $issio -ce iside, the# started 5rig at the ba/+s ceilig, walls D door o! the a"lt The 8 $e the
ret"red to the waitig $otor baca w abo"t *1E D s%ed awa# As a res"lt o! the shootig, $a# %eo%le got /illed D i?"red A$og those who got /illed were agets o! the law -l# E o! the 1 $e were bro"ght to trial, the rest still re$ai at large 2 o! the E acc"sed were ac"itted .t is ol# Cresecio oble, Si$eo oble ad Atoio Ro$a"i a%%ealig i the charge o! ba/ robber# co$$itted i bad, w $"lti%le ho$icide, $"lti%le !r"strated ho$icide ad assa"lt "%o agets o! %ersos i a"thorit# .ss"e: 6- de!edat is a acco$%lice 3eld: es First, as to a%%ellat Si$eo, eidece shows that the $ale!actors $et i his ho"se to disc"ss the %la to rob the ba/ This circ"$stace aloe does+t cocl"de his g"ilt be#od reasoable do"bt The !acts do ot show that he %er!or$ed a# act tedig to the %er%etratio o! the robber#, or that he too/ a direct %art therei or id"ced other %ersos to co$$it, or that he coo%erated i its cos"$$atio b# so$e act witho"t which it wo"ld ot hae bee co$$itted At $ost, his act a$o"ted to ?oiig i a cos%irac# which is ot %"ishable Si$eo the was ot a %rici%al both b# agree$et ad eco"rage$et !or his o%artici%atio i the co$$issio o! the cri$e or was it clearl# %roe that he had receied a# %art!r"its o! the looted $oe# as to $a/e hi$ a accessor# As reco$$eded b# Sol&e, Si$eo oble is etitled to ac"ittal with o s"Gciet eidece to establish his g"ilt be#od reasoable do"bt e@t, as regards Ro$a"i D oble, the $ale!actors who waited i the baca, both coted that their e@tra ?"dicial state$ets "%o which their coictio was %rici%all# $ade to rest, are iad$issible !or haig bee allegedl# obtaied b# !orce ad iti$idatio, tort"re ad $altreat$et, ad i iolatio o! basic costit"tioal rights to co"sel ad agaist sel! icri$iatio 3oweer, it $"st be oted that the# did+t %reset a# $edical cert to attest to the i?"ries allegedl# iicted =ore so that their testi$oies $atch each other+s Ad it sho"ld also be oted that Celso A"io+s testi$o#, as oe o! the acc"sed, ad$itted that o iolece was iicted o hi$ to %roc"re his state$et This is eidece eo"gh that the a%%ellats co"ld ot hae bee dealt with diHeretl# as their coacc"sed A"io who was allowed to gie his state$et !reel# The e@tra ?"dicial state$ets o! the a%%ellats are coicig to show that their liabilit# is less tha that o! a co%rici%al b# cos%irac# or b# act"al %artici%atio Cresecio was $erel# icharge o! the baca ad had o /owledge o! the cocrete %la ad e@ec"tio o! the cri$e The $aster$id obio"sl# did ot e@ted co5dece i hi$ as he was ol# as/ed to %roide a baca ?"st a !ew ho"rs be!ore the co$$issio
o! the cri$e or was Ro$a"i cosidered a %rici%le $ale!actor as there was a g" %oited at hi$ b# Cresecio to %reet hi$ !ro$ eeig awa# !ro$ the scee, eidet to show that he eer ?oied i the cri$ial %"r%ose ad that his acts were ot ol"tar# A acco$%lice is oe who, ot beig %rici%al as de5ed i Art 17 R*C, coo%erates i the e@ec"tio o! the oHese b# %reio"s or si$"ltaeo"s acts There $"st be a co$$"it# o! "law!"l %"r%ose betwee the %rici%al ad acco$%lice ad assistace /owigl# ad itetioall# gie to s"%%l# $aterial ad $oral aid i the cos"$$atio o! the oHese . this case, the a%%ellats+ coo%eratio is li/e that o! a drier o! a car "sed !or abd"ctio which $a/es the drier a $ere acco$%lice ;"t it is+t established b# eidece that i the $eetig held i the ho"se o! Si$eo that the# all agreed to /ill ad ot ?"st rob The 5dig that a%%ellats are liable as $ere acco$%lices $a# a%%ear too leiet b"t eidece !ails to establish their cos%irac# with the real $ale!actors who act"all# robbed the ba/ ad /illed seeral %eo%le 6here!ore, oble D Ro$a"i are g"ilt# be#od reasoable do"bt as acco$%lices !or the cri$e o! robber# i bad The %ealt# i$%osable "%o a%%ellats is %risio $a#or $i The co$$issio o! the cri$e was aggraated b# ightti$e D the "se o! a $otori'ed baca There beig o =C, both a%%ellats sho"ld be seteced to a ideter$iate %ealt# o! %risio correccioal !ro$ E #rs, 4 $os, 21 da#s to 8 #rs o! %risio $a#or as $a@i$"$ People v. Doctolero, 190 SCRA 02 (1991) Facts: I B"doico, >irgilio, ad Corado were stoig the ho"se o! =arcial I A!ter the two wo$e iside %rotested their acts, the three wet "% the ho"se I 6hile iside the ho"se, B"doico boloed both wo$e iside, as well as a child .ss"e:6- de!edats are liable as acco$%lices 3eld:es I .t is reasoable to beliee that Corado ad >irgilio $erel# stood b# as B"doico was boloig the two deceased wo$e Their %resece gae B"doico the eco"rage$et ad reliace to %roceed as he did I This is si$ilar to the case o! JS ;alili where it was held that oe who goes with the %rici%als, ad i sta#ig o"tside o! the ho"se while the others wet iside to rob ad /ill the icti$, eHectiel# s"%%lies the
cri$ials with $aterial ad $oral aid, $a/ig hi$ g"ilt# as a acco$%lice
