CASE TITLE: THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,

vs.
ROMANA SILVESTRE and MARTIN ATIENZA, defendants-appellants.

56 Phil 353

December 14, 1931

PONENTE: VILLA-REAL, J.

CASE ACTION:

MATERIAL FACTS:

It was on the month of March, 1930 in the barrio of Masocol in Paombong, Bulacan,when Romana
Silvestre, with husband Domingo Joaquin by her second marriage, cohabited with her co-defendant, Martin
Atienza. Domingo Joaquin, as her husband, filed a complaint of adultery against the two. On the same date,
the justice of peace issued a warrant and arrested Romana Silvestre and Martin Atienza. Not long after, on
the 20th day of the month, the two were released on bail paying P 6,000.00each for the personal bond. The
two defendants begged and asked for the help of Francisco Suerte Felipe, the municipal president of
Paombong, to speak to the complainant to urge him to withdraw the said complaint, promising that they
will discontinue cohabitation and will leave the said barrio. Domingo Joaquin, upon receiving the petition,
agreed and filed for a motion of dismissal of his complaint. Doing what the accused had promised, Romana
Silvestre and Martin Atienza left the barrio Masocol and went to Santo Niño in the same municipality.
November 20 on the same year, Romana Silvestre upon meeting her son by her first marriage, Nicolas de
la Cruz, followed him home in the barrio of Masocol and remained there. The accused, Martin Atienza,
followed Romana Silvestre and lived in the house of Nicolas de la Cruz. In a gathering attended by Nicolas
de la Cruz, his wife Antonia de la Cruz, and the two defendants, Martin Atienza told Nicolas to take their
furniture out of the house because he will set up a fire to it. He claimed that it is the only way he could take
revenge from the people of Masocol, to which he was instigated the charge of adultery with Romana
Silvestre. Since Martin Atienza was armed with a pistol that time, no one was able to say anything or forbid
him, not even Romana Silvestre who was about a meter away from him. The couple, upon hearing what
Martin Atienza had said, ran away to communicate the intention of the accused to the barrio lieutenant.
Not long after, they saw their house burning. The said fire had assumed considerable proportions and had
destroyed about forty-eight houses.

ISSUE: 1. Whether Romana Silvestre was properly convicted of presidio mayor by the lower court
of Bulacan, for being an accomplice of the accused, Martin Atienza, by mere presence at
the commission of the crime.

2. Whether Martin Atienza was criminally liable for the crime of arson and be penalized
of cadena temporal

RULING: 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.

RATIO DECIDENDI:

1. In the case of Romana Silvestre, her 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 required by article 14 of the Penal Code for complicity in the
commission of the crime witnessed passively, or with regard to which one has kept silent;

2. In the case of Atienza, according to article 550, paragraph 2 of the Penal Code, any person who
shall set fire to any inhabited house or any building in which people are accustomed to meet
together, without knowing whether or not such building or house was occupied at the time, which
will cost damages, commits the crime of arson and will be penalized cadena temporal.