People vs.

Verzola

Article 19 Accessories

G.R. No. L-35022 December 21, 1977

Facts:At about 10pm on September 28, 1969, Bernardo Molina was clubbed to death by
accused-appellant Ricardo Verzola in the presence of appellant Josefina Molina, the wife of Bernardo,
inside the Molina'shouse. The body of the victim was subsequently carried by the two appellants to the
ground and left at the foot of the stairs. Verzola then went home and kept his bloodstained clothes as
well as the piece of wood used in clubbing Bernardo inside his toilet. Afterwards, he went to the
municipal building and reported to the police authorities that Bernardo died in an accident. However,
Josefina revealed that the assailant of her husband was Verzola. Josefina testified that Verzola went
to their house that fateful night, entered the room where she was sleeping with her husband, woke her
up and had carnal knowledge of her. When Bernardo woke up, Verzola clubbed him on the head.
Afterwards, she heard the sound of the body being dragged downstairs and the voice of Verzola saying
that he was leaving and warned her not to say anything. The version of Verzola was Josefina was his
paramour for about 10 years and that when he went there that night, they did everything that both of
them wanted to do but before that night, Josefina told Verzola that her husband was planning to kill him
probably because he already knew of their affair. Because of that, he clubbed Bernardo three times at
the nape and both he and Josefina threw him downstairs of their house. Court of First Instance of Abra
found them guilty of Murder. Verzola as the principal and Josefina Molina as an accessory after the fact.
Issue: whether Josefina is an accessory after the fact to the murder of her husband

HELD:

Although appellant Josefina Molina admitted in her extra-judicial statement that she was the paramour
of her co-appellant for over a year, there is no proof that she had knowledge of the criminal design of
her co-appellant. Neither has she cooperated with him by previous or simultaneous acts, much less is
there anshowin that she supplied the principal with material or moral aid( .er onl participation was in
assistin her co!appellant in brinin the bod o% the deceased to the round(An accessor does not
participate in the criminal desin, nor cooperate in the commission o% the %elon, but, with-nowlede o%
the commission o% the crime, he subse+uentl ta-es part in three was: a b pro%itin %rom thee%%ects
o% the crime; b b concealin the bod, e%%ects or instruments o% the crime in order to pre*ent
itsdisco*er; and c b assistin in the escape or concealment o% the principal o% the crime, pro*ided he
acts withabuse o% his public %unctions or the principal is uilt o% treason, parricide, murder, or
an attempt to ta-e the li%eo% the hie% <ecuti*e, or is -nown to be habituall uilt o% some other crime(
)he main di%%erence separatinaccessories a%ter the %act %rom principal and accomplice lies in the
%act that the responsibilit o% the accessories issubse+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$ola in brinin the bod down the house to the %oot o% the stairsand lea*in said bod %or
anone to see, cannot be classi%ied as an attempt to conceal or destro the bod o% thecrime( )he
concealin or destroin o% the bod o% the crime, the e%%ects or instruments thereo%, must be done
to pre*ent the disco*er o% the crime( 3n the case at bar, the bod was le%t at the %oot o% the stairs at a
place where itwas easil *isible to the public( =nder such circumstances, there could not ha*e been an
attempt on the part o%&ose%ina to conceal or destro the bod o% the crime()he 7udment %or #er$ola is
AFF3"M<>; 7udment aainst &ose%ina Molina is re*ersed and said appellant is

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