People vs Maliao (RAPE)

GR. No. 178058

July 31, 2009

Facts:
 The offended party AAA left her house one night to watch a television
show in the adjacent house. Both her mother and aunt left to go to a mini
carnival. When the returned, AAA was no longer in the house. They’ve
looked everywhere but couldn’t find her.
 The following day, the naked and lifeless body of AAA was found. As the
police was conducting an investigation, they noticed a man looked like the
person in the cartographic sketch of the suspect. They arrested the man
Jessie Maliao.
 Maliao pointed Bohol and Chiong as the perpetrators. Maliao confessed
he just stood beside a cabinet and masturbated while watching the
perpetrators rape AAA. Chiong then hit AAA with as small stool that
caused her death. Bohol and Chiong carried the lifeless body of AAA out
of the room while Maliao cleaned the bloodstains in the room.

Issue: Was Maliao be guilty as accomplice in Rape with Homicide proven beyond
reasonable doubt?

Ruling:
 To hold a person liable as accomplice, two elements must concur: (1)
community design and (2) the performance by the accomplice of previous
or simultaneous acts that are not indispensable to the commission of the
crime.
 In this case, Maliao facilitated in the commission by providing his own
house as the venue. His presence in the commission of the crime,
withouot him doing anything to prevent the malefactors or help the victim,
show community design and cooperation, although he had no direct
participation in the execution of the crime.