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  • People vs. Verzola

    Caricato da

    AV AO
    429 visualizzazioni2 pagine
    People vs. Verzola Article 19 – Accessories 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's house. 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: WON Josefina is an accessory after the fact to the murder of her husband, Bernardo Molina Ruling: No. 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 any showing that she supplied the principal with material or moral aid. Her only participation was in assisting her co-appellant in bringing the body of the deceased to the ground. An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in three (3) ways: (a) by profiting from the effects of the crime; (b) by concealing the body, effects or instruments of the crime in order to prevent its discovery; and (c) by assisting in the escape or concealment of the principal of the crime, provided he acts with abuse of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. The main difference separating accessories after the fact from principal and accomplice lies in the fact that the responsibility of the accessories is subsequent to the consummation of the crime and subordinate to that of the principal. Even if she assisted her co-appellant without duress, simply assisting Verzola in bringing the body down the house to the foot of the stairs and leaving said body for anyone to see, cannot be classified as an attempt to conceal or destroy the body of the crime. The concealing or destroying of the body of the crime, the effects or instruments thereof, must be done to prevent the discovery of the crime. In the case at bar, the body was left at the foot of the stairs at a place where it was easily visible to the public. Under such circumstances, there could not have been any attempt on the part of Josefina to conceal or destroy the body of the crime. The judgment for Verzola is AFFIRMED; judgment against Josefina Molina is reversed and said appellant is ACQUITTED.

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    People vs. Verzola Article 19 – Accessories 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's house. 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: WON Josefina is an accessory after the fact to the murder of her husband, Bernardo Molina Ruling: No. 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 any showing that she supplied the principal with material or moral aid. Her only participation was in assisting her co-appellant in bringing the body of the deceased to the ground. An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in three (3) ways: (a) by profiting from the effects of the crime; (b) by concealing the body, effects or instruments of the crime in order to prevent its discovery; and (c) by assisting in the escape or concealment of the principal of the crime, provided he acts with abuse of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. The main difference separating accessories after the fact from principal and accomplice lies in the fact that the responsibility of the accessories is subsequent to the consummation of the crime and subordinate to that of the principal. Even if she assisted her co-appellant without duress, simply assisting Verzola in bringing the body down the house to the foot of the stairs and leaving said body for anyone to see, cannot be classified as an attempt to conceal or destroy the body of the crime. The concealing or destroying of the body of the crime, the effects or instruments thereof, must be done to prevent the discovery of the crime. In the case at bar, the body was left at the foot of the stairs at a place where it was easily visible to the public. Under such circumstances, there could not have been any attempt on the part of Josefina to conceal or destroy the body of the crime. The judgment for Verzola is AFFIRMED; judgment against Josefina Molina is reversed and said appellant is ACQUITTED.

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    © All Rights Reserved
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    429 visualizzazioni2 pagine

    People vs. Verzola

    Caricato da

    AV AO
    People vs. Verzola Article 19 – Accessories 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's house. 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: WON Josefina is an accessory after the fact to the murder of her husband, Bernardo Molina Ruling: No. 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 any showing that she supplied the principal with material or moral aid. Her only participation was in assisting her co-appellant in bringing the body of the deceased to the ground. An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in three (3) ways: (a) by profiting from the effects of the crime; (b) by concealing the body, effects or instruments of the crime in order to prevent its discovery; and (c) by assisting in the escape or concealment of the principal of the crime, provided he acts with abuse of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. The main difference separating accessories after the fact from principal and accomplice lies in the fact that the responsibility of the accessories is subsequent to the consummation of the crime and subordinate to that of the principal. Even if she assisted her co-appellant without duress, simply assisting Verzola in bringing the body down the house to the foot of the stairs and leaving said body for anyone to see, cannot be classified as an attempt to conceal or destroy the body of the crime. The concealing or destroying of the body of the crime, the effects or instruments thereof, must be done to prevent the discovery of the crime. In the case at bar, the body was left at the foot of the stairs at a place where it was easily visible to the public. Under such circumstances, there could not have been any attempt on the part of Josefina to conceal or destroy the body of the crime. The judgment for Verzola is AFFIRMED; judgment against Josefina Molina is reversed and said appellant is ACQUITTED.

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    People vs.

    Verzola
    Article 19 Accessories
    Facts:
    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
    A2?=3))<>(

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