People Vs Talingdan

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
No certificate or any other proof of their marriage could be presented by the prosecution
They lived with their children in Sobosob, Salapadan, Abra
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
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
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 because she told her daughter not to tell anyone.
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.

People Vs Talingdan

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People Vs Talingdan

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People vs.

Per Curiam, July 6, 1978

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

They lived with their children in Sobosob, Salapadan, Abra

The defendants' and Corazon's accounts of what happened had variations

She noted the long guns the appellants were carrying.

Teresa came back to the house and proceeded to her room.

The defendants'' version:

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

Note: The court believed Corazon's testimony.

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