Saturday, June 23, 2012

People vs. Silvestre and Atienza (Crim1)

People of the Philippine Islands, plaintiff-appellee, vs. Romana Silvestre and Martin Atienza, defendants-appellants.


En Banc


Villareal, December 14, 1931


Topic: Elements of criminal liability (Art 3.) -- Physical element -- Act/Omission


Facts:
  • Romana Silvestre is the wife of Domingo Joaquin by his second marriage
  • Romana cohabited with codefendant Martin Atienza from March 1930 in Masocol, Paombong, Bulacan
  • On May 16, 1930, Domingo filed with the justice of the peace for Paombong, Bulacan a sworn complaint for adultery
  • After being arrested and released on bail, the two defendants begged the municipal president of Paombong to speak to the complainant and urge him to withdraw the complaint
  • The two accused bound themselves to discontinue cohabitation and promised not to live again in Masocol (Atienza signed the promise)
  • On May 20, 1930, Domingo Joaquin filed a motion for the dismissal of his complaint and the justice of the peace dismissed the adultery case
  • The accused left Masocol and wen to live in Santo Niño, in Paombong
  • About November 20, 1930: Romana met her son by her former marriage, Nicolas de la Cruz, in Santo Niño and followed him home to Masocol (under the pretext of asking him for some nipa leaves)
  • Martin Atienza, who continued to cohabit with Romana, followed her and lived in the home of Nicolas
  • On the night of November 25, 1930, while Nicolas, his wife Antonia, and the appellants were gathered after supper, Martin told Nicolas and Antonia to take their furniture out of the house because he was going to set fire to it
    • He said that that was the only way he could be revenged upon the people of Masocol who, he said, had instigated the charge of adultery against him and Romana
    • Martin was armed with a pistol so no one dared say anything to him
  • Nicolas and Antonia went to ask for help but were too late
  • The fire destroyed about 48 houses
  • Witnesses saw Martin and Romana leaving the house on fire
  • The Court of First Instance of Bulacan convicted Martin and Romana of arson 
    • Martin was convicted as principal by direct participation (14 years, 8 months, and 1 day of cadena temporal)
    • Romana was convicted as accomplice (6 years and 1 day of presidio mayor)
  • The court-appointed counsel for the accused-appellant prays for the affirmance of the CFI decision with regard to Martin, but assigns errors with reference to Romana:
    • The lower court erred in convicting Romana as acoomplice
    • The court erred in not acquitting Romana upon ground of insufficient evidence, or at least, of reasonable doubt
Issue:
  • Whether or not Romana can be convicted as accomplice
Holding:
  • No.
Ratio:
  • Art. 14 of the Penal Code, in connection with Art. 13 defines an accomplice to be one who does not take a direct part in the commission of the act, who does not force or induce other to commit it, nor cooperates in the commission of the act by another act without which it would not have been accomplished, yet cooperates in the execution of the act by previous or simultaneous actions.
  • In the case of Romana: there is no evidence of moral or material cooperation and none of an agreement to commit the crime in question. Her mere presence and silence while they are simultaneous acts, do not constitute cooperation, for it does not appear that they encouraged or nerved Martin Atienza to commit the crime of arson; and as for her failure to give the alarm, that being a subsequent act it does not make her liable as an accomplice.
  • Mere passive presence at the scene of another's crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy, do not constitute the cooperation required by Art. 14 of the Penal Code for complicity in the commission of the crime witnessed passively, or with regard to which one has kept silent
Decision is affirmed with reference to Martin Atienza, reversed with reference to Romana Silvestre, who is acquitted.

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