G.R. No. 35748, December 14, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ROMANA SILVESTRE and MARTIN ATIENZA, defendants-appellants.

FACTS

Martin Atienza and Romana Silvestre, who were cohabiting adulterously, were charged with adultery by Romana’s husband, Domingo Joaquin. After their arrest and release on bail, they promised to separate and leave the barrio of Masocol, leading to the dismissal of the adultery case. However, they later returned to Masocol, staying in the house of Romana’s son, Nicolas de la Cruz. On the night of November 25, 1930, after supper, Atienza announced his intention to burn the house to take revenge on the barrio residents whom he believed instigated the adultery complaint. Nicolas and his wife left to alert the barrio lieutenant. Shortly after, they saw their house on fire, which spread and destroyed about forty-eight other houses. Witnesses saw Atienza leaving the burning house and Silvestre leaving it as well.

ISSUE

Whether Romana Silvestre’s passive presence and silence during the commission of arson by Martin Atienza constitute her criminal liability as an accomplice under Article 14 of the Penal Code.

RULING

No. The Supreme Court acquitted Romana Silvestre. Mere passive presence at the scene of a crime, silence, and failure to give an alarm, without evidence of a prior agreement or conspiracy, do not constitute the cooperation required for complicity under Article 14 of the Penal Code. The evidence did not show that Silvestre performed any previous or simultaneous acts cooperating in the execution of the arson. The court affirmed the conviction of Martin Atienza as principal by direct participation for the crime of arson under Article 550, paragraph 2 of the Penal Code, as he set fire to an inhabited house (knowing it was vacant at the time) which resulted in the destruction of other houses, without knowing whether those other houses were occupied.

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