People vs. Talingdan (Crim1) The People of the Philippines, plain-appellee, vs. Nemesio Talingdan, Magellan To Tobias, bias, !g!sto "erras, Pedro "ides and Teresa #omogma, a$$!sed-appellants
%n "an$
Per C!riam, &!l' , 1*+
Topi$ %lements of $riminal liabilit' (rt. ) -- Ph'si$al element -- $t/mission
Facts:
Teresa #omogma 0as the s!pposed 0ife of the de$eased "ernardo " ernardo "agabag No $er$ate or an' other proof of their marriage $o!ld be presented b' the prose$!on The' lived 0ith their $hildren in 2obosob, 2alapadan, bra Their relaonship had been strained and beset 0ith tro!bles for Teresa had deserted her famil' home a $o!ple of mes and ea$h me "ernardo too3 me o!t to loo3 for her /n 4 dierent o$$asions, appellant Nemesis Talingdan Talingdan has visited Teresa Teresa in their ho!se 0hile "ernardo 0as o!t at 0or3, and d!ring those visits Ter Teresa esa had made Cora5on, their then 14-'ear old da!ghter to go do0n the ho!se and leave them "ernardo had go6en 0ind that an illi$it relaonship 0as going on bet0een Talingdan and Teresa Teresa bo!t a month before "ernardo 0as 3illed, Teresa Teresa had again le7 their ho!se and did not $ome ba$3 for a period of more than 0ee3s, and "ernardo $ame to 3no0 later that she and Talingdan Talingdan 0ere seen together in the to0n of Ta'!m bra d!ring that me &!st t0o da's before "ernardo 0as 3illed (Th!rsda'), (Th!rsda'), "ernardo and Theresa had a violent 8!arrel9 "ernardo slapped Theresa several mes, res!lng in Theresa see3ing the help of the poli$e $$!sed Talingdan, Talingdan, a poli$eman, $ame armed to the vi$init' of "ernardo:s ho!se and $alled him to $ome do0n9 "ernardo ignored him9 Talingdan instead le7 and 0arned "ernardo that someda' he 0o!ld 3ill him /n 2at!rda', 2at!rda', &!ne 4;, 1*, "ernardo 0as g!nned do0n in his ho!se The defendants: and Cora5on:s a$$o!nts of 0hat happened had variaons Cora5on:s version
2he heard one of them sa' =Co!ld he el!de a b!llet= >hen Teresa no$ed Cora5on, she shoved her a0a' sa'ing =?o! tell 'o!r father that 0e 0ill 3ill him= 2at!rda', a7er s!nset Cora5on 0as $oo3ing food for s!pper 0hen she sa0 her mother go do0n the ho!se to go to the 'ard 0here she again met 0ith the other appellants. 2he noted the long g!ns the appellants 0ere $arr'ing. Teresa $ame ba$3 to the ho!se and pro$eeded to her room. Cora5on informed "ernardo, 0ho 0as then 0or3ing on a plo0, abo!t the presen$e of persons do0nstairs, b!t "ernardo paid no a6enon "ernardo pro$eeded to the 3it$hen and sat himself on the @oor near the door Ae 0as s!ddenl' red !pon form bel o0 the stairs of the batalan The fo!r a$$!sed $limbed the stairs of the batalan and !pon seeing that "ernardo 0as sll alive, Talingdan and Tobias red at him again "ides and "erras did not re at that pre$ise me b!t 0hen Cora5on tried to $all for helo, "ides 0arned her that he 0ill 3ill her if she $alls for help Teresa $ame o!t of her room and 0hen Cora5on informed her that she re$ogni5ed the 3illers, the former threatened to 3ill the la6er if she reveals the ma6er to an'one
The defendants:: version Teresa loved "ernardo dearl', the' never 8!arreled, and her h!sband never maltreated her. Teresa $ame to 3no0 Talingdan onl' 0hen the la6er be$ame a poli$eman in 2allapadan9 an illi$i t relaonship never eBisted bet0een them Talingdan 0as not in 2allapadan at the me of the 3illing on &!ne 4;9 he es$orted the Ma'or in "ang!ed from &!ne 44 to &!ne 4 Tobias, "ides, and "erras $laimed to be in the ho!se of one Mrs. "a'ongan in 2allapadan, 4D-DD meters from the pla$e of the 3illing
Issue:
>hether or not Teresa #omogma is an a$$essor' to "e rnardo:s m!rder Et is $ontended that there is no eviden$e proving that she a$t!all' Foined in the $onsp!ra$' to 3ill her h!sband be$a!se there is no sho0ing of a$t!al $ooperaon on her part 0ith $o-appellants in their $!lpable a$ts that led to his death Et is $laimed that 0hat is apparent is =mere $ogni5an$e, a$8!ies$en$e or approval thereof on her part, 0hi$h it is arg!ed is less than 0hat is re8!ired for her $onvi$on as a $onspirator Holding:
?es. 2he is an a$$essor' to "ernardo:s m!rder be$a!se she told her da!ghter not to tell an'one. Rao:
Note The $o!rt believed Cora5on:s tesmon'.
Et is tr!e that proof of her dire$t par$ipaon in the $onspira$' is not be'ond reasonable do!bt9 she $annot have the same liabilit' as her $o-appellants. 2he had no hand in the a$t!al shoong. Et is also not $lear if she helped dire$tl' in the planning and preparaon thereof. "!t the $o!rt is $onvin$ed that she 3ne0 it 0as going to be done and did not obFe$t. There is in the re$ord morall' $onvin$ing proof that she is at the ver' least an a$$essor' to the oense $ommi6ed. 2he did not onl' order her da!ghter not to reveal 0hat she 3ne0 to an'one, she also $laimed to have no s!spe$ts in mind 0hen the pea$e oG$ers $ame into their ho!se later to invesgate >hereas before the a$t!al shoong she 0as more or less passive in her aHt!de regarding the $onspira$', a7er "ernardo 0as 3illed, she be$ame a$ve in her $ooperaon 0ith her $o-appellants These a$ts $onst!te =$on$ealing or assisng in the es$ape of the prin$ipal in the $rime=
Male appellants senten$ed to death. I!ilt' be'ond reasonable do!bt is Teresa #omogma, senten$ed to s!er the indeterminate penalt' of 'ears of prision $orre$$ional as minim!m to + 'ears of prision ma'or as maBim!m.