People vs. Sylvestre
G.R. No. L-35748
Ponente: VILLA-REAL, J.
Promulgation date: December 14, 1931
Topic: Physical Element (Actus Reus) – Omission
- Mere presence and silence while at the scene of the crime do not constitute
cooperation.
Facts:
Silvestre Romana, wife of Domingo Joaquin, cohabited with co-defendant
Martin Atienza in the barrio of Masocol, municipality of Paombong,
Bulacan. Domingo Joaquin filed a complaint for adultery and the two acused
begged the municipal president of Paombong to to urge Domingo to
withdraw the complaint. They promised to discontinue cohabitation, and not
to live again in the barrio of Masocol. Domingo withdrew the complaint and
the case was therefore dismissed.
Nov. 25,1930 - Martin Atienza (was armed with a pistol)set the house of
Nicolas and Antonia Dela Cruz on fire. 48 houses were also destroyed.
Martin Atienza wants to have revenged with the people of Masocol who, he
said had instigated the charge of adultery against him and Romana
Silvestre.
Contention of the State:
Romana Silvestre is liable as an accomplice to the crime committed by
Martin Atienza.
Contention of the Accused:
Ms. Romana Silvestre contends that her mere presence and silence while at
the scene of the crime do not constitute cooperation with 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.
Ruling of the Court:
The SC held that Ms. Romana Silvestre be acquitted (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 as stated in Art. 14 of the Penal Code). While Martin Atienza
was held guilty of committing arson and will be penalized cadena temporal
(according to Article 550, paragraph 2 of the Penal Code)
Dispositive portion: “By virtue wherefore, the judgment appealed from is
modified as follows: It is affirmed with reference to the accused-appellant
Martin Atienza, and reversed with reference to the accused-appellant
Romana Silvestre, who is hereby acquitted with one-half of the costs de
oficio. So ordered”
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