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People vs.

Bartolome Tampus and Ida Montesclaros


Facts: The offended party, ABC, is the daughter of appellant, Montesclaros, and was 13 years old at
the time of the incident. Montesclaros worked as a waitress in a beer house. At the time of the
commission of the crime, Ida and ABC were renting a room in a house owned by Tampus who was a
barangay tanod. On Aprili, 1995, ABC testified that she was in the house with Montesclaros and
Tampus who were both drinking beer. They forced her to drink beer and after consuming 3 and a half
glasses of beer, she became intoxicated and very sleepy. While ABC was lying on the floor of their
room, she overheard Tampus requesting her mother, Montesclarosr that she be allowed to have
sexual intercourse with her.
Montesclaros agreed and instructed Tampus to leave as soon as he was finished.
Montesclaros then went to work leaving Tampus alone with ABC. ABC fell asleep and when she woke
up, she noticed that the garter of her panties was loose and rolled down to her knees. She suffered
pain all over her body noticed that her panties and short pants were stained with blood which was
coming from her vagina. When her mother arrived home from
work the following morning, she kept on crying but appellant ignored her. ABC testified that on April
4,1995 around 1:00 a.m., she was left alone in the room since her mother was at work at the beer
house. Tampus went inside their room and threatened to kill her if she would report the previous
sexual assault to anyone. After consummating the sexual act, he left the house. When ABC told
appellant Ida about the incident, the latter again ignored her.
ABC filed two Complaints. She accused Tampus of taking advantage of her by having carnal
knowledge of her, against her will, while she was intoxicated and sleeping on Aprili, 1995 at 4:30 p.m.
She declared in her Complaint that this was done in conspiracy with accused Ida who gave
permission to Tampus to ra pe her. The trial court convicted Tampus of two counts of ra pe and found
Montesclaros guilty as an accomplice.
Issue: WON the information on record has probable cause to make Ida Montesclaros guilty as an
accomplice in the rape of ABC?
Ruling
Yes, Montesclaros is liable as an accomplice in the rape of her daughter, ABC. Accomplices
are persons who, not being
included in Article 17 of the Revised Penal Code, cooperate in the execution of the offense by
previous or simultaneous acts. The following requisites must be proved in order that a person can be
considered an accomplice
(a) community of design, I.e., knowing that criminal design of the principal by direct participation, he
concurs with the latter in his purpose
(b) he cooperates in the execution of the offense by previous or simultaneous acts; and,
(c) there must be a relation between the acts done by the principal and those attributed to the person
charged as accomplice.
All the requisites concur in order to find Ida guilty as an accomplice to Tampus in the rape of
ABC. The testimony of ABC shows that there was community of design between Ida and Tampus to
commit the ra pe of ABC. Ida had knowledge of and assented to Tampus' intention to have sexual
intercourse with her daughter. She forced ABC to drink beer, and when ABC was already drunk, she
left ABC alone with Tampus, with the knowledge and even with her express consent to Tampus' plan
to have sexual intercourse with her daughter. It is settled jurisprudence that the previous acts of
cooperation by the accomplice should not be indispensable to the commission of the crime; otherwise,
she would be liable as a principal by indispensable cooperation. The evidence shows that the acts of
cooperation by Ida are not indispensable to the commission of rape by Tampus. First, because it was
both Ida and Tampus who forced ABC to drink beer, and second because Tampus already had the
intention to have sexual intercourse with ABC and he could have consummated the act even without
Ida's consent. The acts of Ida are closely related to the eventual commission of ra pe by Tampus.
They both forced ABC to drink beer; when ABC was already drunk, Tampus asked Ida if he could
have sexual intercourse with ABC and Ida gave her consent; and lastly, Ida left ABC alone with
Tampus so that he proceed with his plan to rape ABC.

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