PEO VS SYLVESTRE

FACTS:

Martin Atienza and Romana Sylvestre was charged with Adultery by Doming
Joaquin. Pending the preliminary investigation, the two accused beg the
complainant to drop the case binding themselves in a promise to stop their
cohabitation. The Complainant agreed. The case was therefore dismissed.
However, the two continued their cohabitation in the house of Romana
Sylvestre’s son, Nicolas Dela Cruz and his wife Antonia.

On November 25, 1930, Martin Atienza, set the house to avenge the case filed
against them. Martin Atienza was convicted with Arson and Romana Sylvestre
was held liable as an accomplice.

Issue:

WON the court erred in the conviction of Romana Sylvestre as accomplice.

Held:

The Supreme Court affirmed the decision with reference to the case of
Martin Atienza, and reversed that Romana Sylvestre be acquitted because
her mere presence and silence while they are simultaneous acts, do not
constitute cooperation and failure to alarm others does not make her liable
as an accomplice.
PEO VS TALINGDAN

FACTS:
Teresa Domogma, the supposed to be wife of the deceased, Bernardo Bagabag,
and Nemesio Talingdan who have an illicit relationship with the former, together
with Magellan Tobias, Augusto Berras, Pedro Bides were charged with murder
after they were proven to be responsible for the death of Bernardo Bagabag.

Issue:
Whether or not accused Teresa Domogma is an accessory to the murder of
Bernardo Bagabag

Held:
The fact that Teresa threatened her daughter, Corazon, not to reveal what she
witnessed at the time of incident and that she denied any knowledge on the
murder of the victim during the investigation, that she was unresponsive or
unresisting to any acts by the other accused before the incident, the became
active in cooperating with them has proved that this subsequent acts, according
to the court constitute her as an accessory for concealing or assisting in the
escape of the principal in the crime" which makes her liable as an accessory.