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People vs.

Article 19 Accessories
At about 10pm on September 28, 1969, Bernardo Molina was clubbed to death b accused!appellant
"icardo #er$ola in the presence o% appellant &ose%ina Molina, the wi%e o% Bernardo, inside the Molina's
house( )he bod o% the *ictim was subse+uentl carried b the two appellants to the ,round and le%t at the
%oot o% the stairs( #er$ola then went home and -ept his bloodstained clothes as well as the piece o% wood used
in clubbin, Bernardo inside his toilet( A%terwards, he went to the municipal buildin, and reported to the
police authorities that Bernardo died in an accident( .owe*er, &ose%ina re*ealed that the assailant o% her
husband was #er$ola( &ose%ina testi%ied that #er$ola went to their house that %ate%ul ni,ht, entered the room
where she was sleepin, with her husband, wo-e her up and had carnal -nowled,e o% her( /hen Bernardo
wo-e up, #er$ola clubbed him on the head( A%terwards, she heard the sound o% the bod bein, dra,,ed
downstairs and the *oice o% #er$ola sain, that he was lea*in, and warned her not to sa anthin,(
)he *ersion o% #er$ola was &ose%ina was his paramour %or about 10 ears and that when he went there that
ni,ht, the 0did e*erthin, that both o% them wanted to do1 but be%ore that ni,ht, &ose%ina told #er$ola that
her husband was plannin, to -ill him probabl because he alread -new o% their a%%air( Because o% that, he
clubbed Bernardo three times at the nape and both he and &ose%ina threw him downstairs o% their house(
2ourt o% First 3nstance o% Abra %ound them ,uilt o% Murder( #er$ola as the principal and &ose%ina Molina
as an accessor a%ter the %act(
3ssue: /45 &ose%ina is an accessor a%ter the %act to the murder o% her husband, Bernardo Molina
"ulin,: 5o( Althou,h appellant &ose%ina Molina admitted in her e6tra!7udicial statement that she was the
paramour o% her co!appellant %or o*er a ear, there is no proo% that she had -nowled,e o% the criminal desi,n o%
her co!appellant( 5either has she cooperated with him b pre*ious or simultaneous acts, much less is there an
showin, that she supplied the principal with material or moral aid( .er onl participation was in assistin, her co!
appellant in brin,in, the bod o% the deceased to the ,round(
An accessor does not participate in the criminal desi,n, nor cooperate in the commission o% the %elon, but, with
-nowled,e o% the commission o% the crime, he subse+uentl ta-es part in three 89: was: 8a: b pro%itin, %rom the
e%%ects o% the crime; 8b: b concealin, the bod, e%%ects or instruments o% the crime in order to pre*ent its
disco*er; and 8c: b assistin, in the escape or concealment o% the principal o% the crime, pro*ided he acts with
abuse o% his public %unctions or the principal is ,uilt o% treason, parricide, murder, or an attempt to ta-e the li%e
o% the 2hie% <6ecuti*e, or is -nown to be habituall ,uilt o% some other crime( )he main di%%erence separatin,
accessories a%ter the %act %rom principal and accomplice lies in the %act that the responsibilit o% the accessories is
subse+uent to the consummation o% the crime and subordinate to that o% the principal( <*en i% she assisted her co!
appellant without duress, simpl assistin, #er$ola in brin,in, the bod down the house to the %oot o% the stairs
and lea*in, said bod %or anone to see, cannot be classi%ied as an attempt to conceal or destro the bod o% the
crime( )he concealin, or destroin, o% the bod o% the crime, the e%%ects or instruments thereo%, must be done to
pre*ent the disco*er o% the crime( 3n the case at bar, the bod was le%t at the %oot o% the stairs at a place where it
was easil *isible to the public( =nder such circumstances, there could not ha*e been an attempt on the part o%
&ose%ina to conceal or destro the bod o% the crime(
)he 7ud,ment %or #er$ola is AFF3"M<>; 7ud,ment a,ainst &ose%ina Molina is re*ersed and said appellant is