G.R. No.

178058 July 31, 2009

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.
JESSIE MALIAO y MASAKIT, NORBERTO CHIONG y DISCOTIDO and LUCIANO
BOHOL y GAMANA,Accused,
JESSIE MALIAO y MASAKIT, Accused-Appellant.

Facts:

On March 17, 1998, the victim AAA left her house to go to her grandaunt’s house nearby. Her
mother, together with her grandaunt left to go to a mini-carnival. When the grandaunt went home
he cannot find AAA. The parents searched for AAA in the entire neighborhood but AAA was
nowhere to be found.

On March 18,1998, a naked and lifeless body was found in a vacant lot near AAA’s house, it was
the body of AAA, who is a minor, a 6 years old. An investigation was executed by the police
authorities and a cartographic sketch of the suspect was prepared by the NBI. After how many
days, the police officers received a report from a citizen about a bloodstained shirt found in a
vacant slot near the carnival. During the investigation, a police officer noticed a man who
resembles the cartographic sketch of the suspect, the man turned out to be Jessie Maliao. Upon
interrogation, Malinao told the police officers that he was bothered by his conscience and
divulged the perpetrators, Luciano Bohol and Norberto Chiong.

Malinao undergoes extrajudicial confession narrating the pertinent information that lead to the
commission of the crime. Malinao confessed the horrible experience that the victim endured in
the hands of Chiong and Bohol. Malinao added that he did not kill nor rape the victim, he was
just there at the scene watching and satisfying himself by masturbating and insisted not to take in
the rape of the victim.

Issue: Whether or not the accused-appellant Malinao’s guilt as accomplice in the crime of rape
with homicide proven beyong reasonable doubt.

Ruling:

Yes. The Supreme Court stated that, to hold a person liable as an accomplice, two elements must
concur: (1) community of design, which means that the accomplice knows of, and concurs with,
the criminal design of the principal by direct participation; and (2) the performance by the
accomplice of previous or simultaneous acts that are not indispensable to the commission of the
crime. In this case, Maliao facilitated the commission of the crime by providing his own house as
the venue thereof. His presence throughout the commission of the heinous offense, without him
doing anything to prevent the malefactors or help the victim, indubitably show community of
design and cooperation, although he had no direct participation in the execution thereof.

Having admitted his involvement in the crime and considering the weave of evidence presented
by the prosecution, seamlessly linking Maliao’s participation in the heinous offense, as
elucidated by the autopsy report and testimonies of other prosecution witnesses, no doubt can be
entertained as to Maliao’s guilt. Beyond reasonable doubt, he is guilty as accomplice to the crime
of rape with homicide.

WHEREFORE, the Decision dated August 2, 2006 of the Court of Appeals in CA-G.R.
CR.-H.C. No. 01299, including the sentence of guilt and the penalty imposed on
accused-appellant Jessie Maliao, is hereby AFFIRMED. Costs de oficio.