People vs.

Talingdan (Crim1)
The People of the Philippines, plaintiff-appellee, vs. Nemesio Talingdan, Magellan Tobias,
Augusto Berras, Pedro Bides and Teresa Domogma, accused-appellants

En Banc

Per Curiam, July 6, 1978

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

Facts:

 Teresa Domogma was the supposed wife of the deceased Bernardo Bagabag
o No certificate or any other proof of their marriage could be presented by the
prosecution
o They lived with their children in Sobosob, Salapadan, Abra
o Their relationship had been strained and beset with troubles for Teresa had
deserted her family home a couple of times and each time Bernardo took time
out to look for her
 On 2 different occasions, appellant Nemesis Talingdan has visited Teresa in their house
while Bernardo was out at work, and during those visits Teresa had made Corazon, their
then 12-year old daughter to go down the house and leave them
 Bernardo had gotten wind that an illicit relationship was going on between Talingdan and
Teresa
 About a month before Bernardo was killed, Teresa had again left their house and did not
come back for a period of more than 3 weeks, and Bernardo came to know later that she
and Talingdan were seen together in the town of Tayum Abra during that time
 Just two days before Bernardo was killed (Thursday), Bernardo and Theresa had a
violent quarrel; Bernardo slapped Theresa several times, resulting in Theresa seeking
the help of the police
 Accused Talingdan, a policeman, came armed to the vicinity of Bernardo's house and
called him to come down; Bernardo ignored him; Talingdan instead left and warned
Bernardo that someday he would kill him
 On Saturday, June 24, 1967, Bernardo was gunned down in his house
 The defendants' and Corazon's accounts of what happened had variations

Corazon's version:

 Friday morning: Corazon was in a creek to wash clothes. She saw her mother Teresa meeting
with Talingdan and their co-appellants Magellan Tobias, Augusto Berras, and Pedro Bides in a
small hut owned by Bernardo
 She heard one of them say "Could he elude a bullet"
 When Teresa noticed Corazon, she shoved her away saying "You tell your father that we will kill
him"
  Saturday, after sunset: Corazon was cooking food for supper when she saw her mother go down
the house to go to the yard where she again met with the other appellants.
 She noted the long guns the appellants were carrying.
 Teresa came back to the house and proceeded to her room.
 Corazon informed Bernardo, who was then working on a plow, about the presence of persons
downstairs, but Bernardo paid no attention
 Bernardo proceeded to the kitchen and sat himself on the floor near the door
 He was suddenly fired upon form below the stairs of the batalan
 The four accused climbed the stairs of the batalan and upon seeing that Bernardo was still alive,
Talingdan and Tobias fired at him again
 Bides and Berras did not fire at that precise time but when Corazon tried to call for helo, Bides
warned her that he will kill her if she calls for help
 Teresa came out of her room and when Corazon informed her that she recognized the killers, the
former threatened to kill the latter if she reveals the matter to anyone

The defendants'' version:

 Teresa loved Bernardo dearly, they never quarreled, and her husband never maltreated her.
 Teresa came to know Talingdan only when the latter became a policeman in Sallapadan; an illicit
relationship never existed between them
 Talingdan was not in Sallapadan at the time of the killing on June 24; he escorted the Mayor in
Bangued from June 22 to June 26
 Tobias, Bides, and Berras claimed to be in the house of one Mrs. Bayongan in Sallapadan, 250-
300 meters from the place of the killing

Issue:

 Whether or not Teresa Domogma is an accessory to Bernardo's murder

o It is contended that there is no evidence proving that she actually joined in the
conspuracy to kill her husband because there is no showing of actual
cooperation on her part with co-appellants in their culpable acts that led to his
death
o It is claimed that what is apparent is "mere cognizance, acquiescence or
approval thereof on her part, which it is argued is less than what is required for
her conviction as a conspirator

Holding:

 Yes. She is an accessory to Bernardo's murder.

Ratio:

 Note: The court believed Corazon's testimony.

 It is true that proof of her direct participation in the conspiracy is not beyond reasonable
doubt; she cannot have the same liability as her co-appellants. She had no hand in the
actual shooting. It is also not clear if she helped directly in the planning and preparation
thereof. But the court is convinced that she knew it was going to be done and did not
object.
 There is in the record morally convincing proof that she is at the very least an accessory
to the offense committed.
  She did not only order her daughter not to reveal what she knew to anyone, she also
claimed to have no suspects in mind when the peace officers came into their house later
to investigate
 Whereas before the actual shooting she was more or less passive in her attitude
regarding the conspiracy, after Bernardo was killed, she became active in her
cooperation with her co-appellants
 These acts constitute "concealing or assisting in the escape of the principal in the crime"

Male appellants sentenced to death. Guilty beyond reasonable doubt is Teresa Domogma,
sentenced to suffer the indeterminate penalty of 5 years of prision correccional as minimum to 8
years of prision mayor as maximum.