People v Talingdan

84 SCRA 19, July 8, 1978

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.NEMESIO TALINGDAN, MAGELLAN TOBIAS, AUGUSTO BERRAS, PEDRO BIDES
and TERESA DOMOGMA, accused-appellants.
Facts: Bernardo Bagabag was murdered in his own house in Abra on June 24, 1967 by
Talingdan, Tobias, Berras, Bides and Teresa Domogma, his alleged wife [whom cannot be
charged with parricide because no certificate or proof of marriage could be presented by the
prosecution]. The murder was witnessed by Corazon [12], the eldest child of Bernardo and
Teresa. She testified to the crime committed by the accused-appellants.
Story: [I want to include this so that you could get the whole thing; it is your option to write it or
not on your record books. This is the summary of Corazons testimony.] Prior to the violent
incident, Bernardo and Teresa have had several conflicts in their married life. She would often
withdraw from their house. The longest even for more than 3 weeks. It was suspected that Teresa
is having an illicit affair with Talingdan, a policeman who lives nearby. Two days before the
crime, Teresa was slapped several times by Bernardo after a violent quarrel. She sought the help
of Talingdan who challenged Bernardo to come down, but the latter refused. Then, Talingdan left
after shouting "If I will find you someday, I will kill you." Two days before the commission of
the crime, Corazon overheard her mothers meeting with the other accused-appellants about their
plot to kill her father as one of them said, Shall he elude a bullet? Corazon was then driven
away by her mother saying, You tell your father that we will kill him. On the night of the
murder, Corazon was cooking food for supper when she saw her mother talking with the other
accused-appellants in their batalan armed with long guns. After a while, Teresa went inside the
room to put her baby to sleep. After eating supper alone, Corazon told her father about the
persons outside but he ignored her. He went to the kitchen and sat on the floor near the door then
he was fired. Talingdan and Tobias fired their guns again. Bides threatened to kill Corazon if she
would ask for help. Corazon confessed to her fathers relatives the identities of the murderers
during his burial. The trial court found them guilty of the offense and so the five accused
appealed to their conviction.
Crime Committed: Murder
[and the sentence of life imprisonment with indemnity to the offended party, the heirs of the
deceased Bernardo Bagabag, in the amount of P12,000]
Contention of the Accused: According to Teresa, there was no illicit affair between her and
Talingdan. She loved her husband. Contrary to the testimony of Corazon, they never quarreled
nor did the former maltreat her. She never left home for so long. And she was cooking for supper,
and not Corazon, on the night of the murder. She contends that her in-laws used her daughter to

testify against her because they dont want Teresa from the start. She even added that Bernardo
had some enemies during his lifetime. Talingdan said that he escorted the Mayor as a bodyguard,
while the other three accused also claimed that they were at a certain Mrs. Bayongans house
during the night of the murder.
Contention of the People: The sworn statement of the 13-year old Corazon was true. She knew
the accused because they live nearby their place. Besides, the accused-appellants testimonies are
indefensible and futile. Moreover, her mother claimed to have no suspect in mind during the
investigation in their house although she was in conspiracy with the other four accused.
Ruling: The court affirmed the decision held by the trial court with costs. There are two
aggravating circumstances present, treachery and evident premeditation, with no mitigating
circumstances to offset the accused-appellants. Talingdan, Tobias, Berras, and Bides are guilty
beyond reasonable doubt of murder and are sentenced to DEATH to be executed in accordance
with law. Teresa Domogma is guilty as accessory to the same murder, and is hereby sentenced to
suffer the indeterminate penalty of 5 years prision correccional as minimum to 8 years of prision
mayor as maximum, with the accessory penalties of the law.
What about Teresas conviction? Teresa was more or less passive in her attitude regarding her coappellants' conspiracy, known to her. After Bernardo was killed, she became active in her
cooperation with them. These subsequent acts of her constitute "concealing or assisting in the
escape of the principal in the crime" which makes her liable as an accessory --- paragraph 3 of
Article 19 of the Revised Penal Code. [Please check Art 19 on your PRC and write it down if you
wish. I strongly recommend it so.]