People v Talingdan

Facts: Bernardo Bagabag was murdered in his own house in Abra on June 24, 1967 by Talingdan, Tobias,
Berras, Bides and Teresa Domogma, his alleged wife [whom cannot be charged with parricide because no
certificate or proof of marriage could be presented by the prosecution]. The murder was witnessed by
Corazon [12], the eldest child of Bernardo and Teresa. She testified to the crime committed by the
accused-appellants.

Story: Prior to the violent incident, Bernardo and Teresa have had several conflicts in their married life.
She would often withdraw from their house. The longest even for more than 3 weeks. It was suspected
that Teresa is having an illicit affair with Talingdan, a policeman who lives nearby. Two days before the
crime, Teresa was slapped several times by Bernardo after a violent quarrel. She sought the help of
Talingdan who challenged Bernardo to come down, but the latter refused. Then, Talingdan left after
shouting "If I will find you someday, I will kill you." Two days before the commission of the crime, Corazon
overheard her mother’s meeting with the other accused-appellants about their plot to kill her father as
one of them said, “Shall he elude a bullet?” Corazon was then driven away by her mother saying, “You tell
your father that we will kill him.” On the night of the murder, Corazon was cooking food for supper when
she saw her mother talking with the other accused-appellants in their “batalan” armed with long guns.
After a while, Teresa went inside the room to put her baby to sleep. After eating supper alone, Corazon
told her father about the persons outside but he ignored her. He went to the kitchen and sat on the floor
near the door then he was fired. Talingdan and Tobias fired their guns again. Bides threatened to kill
Corazon if she would ask for help. Corazon confessed to her father’s relatives the identities of the
murderers during his burial. The trial court found them guilty of the offense and so the five accused
appealed to their conviction.

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

Contention of the Accused: According to Teresa, there was no illicit affair between her and Talingdan. She
loved her husband. Contrary to the testimony of Corazon, they never quarreled nor did the former
maltreat her. She never left home for so long. And she was cooking for supper, and not Corazon, on the
night of the murder. She contends that her in-laws used her daughter to testify against her because they
don’t want Teresa from the start. She even added that Bernardo had some enemies during his lifetime.
Talingdan said that he escorted the Mayor as a bodyguard, while the other three accused also claimed
that they were at a certain Mrs. Bayongan’s house during the night of the murder.

Contention of the People: The sworn statement of the 13-year old Corazon was true. She knew the
accused because they live nearby their place. Besides, the accused-appellants testimonies are
indefensible and futile. Moreover, her mother claimed to have no suspect in mind during the investigation
in their house although she was in conspiracy with the other four accused.

Ruling: The court affirmed the decision held by the trial court with costs. There are two aggravating
circumstances present, treachery and evident premeditation, with no mitigating circumstances to offset
the accused-appellants. Talingdan, Tobias, Berras, and Bides are guilty beyond reasonable doubt of
murder and are sentenced to DEATH to be executed in accordance with law. Teresa Domogma is guilty as
accessory to the same murder, and is hereby sentenced to suffer the indeterminate penalty of 5 years
prision correccional as minimum to 8 years of prision mayor as maximum, with the accessory penalties of
the law.

What about Teresa’s conviction? Teresa was more or less passive in her attitude regarding her co-
appellants' conspiracy, known to her. After Bernardo was killed, she became active in her cooperation
with them. These subsequent acts of her constitute "concealing or assisting in the escape of the principal
in the crime" which makes her liable as an accessory --- paragraph 3 of Article 19 of the Revised Penal
Code. [Please check Art 19 on your PRC and write it down if you wish. I strongly recommend it so.]