Romana Silvestre, wife of Domingo Joaquin by her second marriage, cohabited with her codefendant Martin Atienza
On May 16, 1930,... Domingo Joaquin, filed with the justice of the peace for that municipality, a sworn complaint for adultery... the two defendants begged... the municipal president of Paombong... to speak to the complainant... urging him to withdraw the complaint
Domingo Joaquin acceded to it... and... the justice of the peace of Paombong dismissed the adultery case commenced against the accused
About November 20, 1930, the accused Romana Silvestre met her son by her former marriage, Nicolas de la Cruz, in the barrio of Santo Nino, and under pretext of asking him for some nipa leaves
On the night of November 25, 1930, while Nicolas de la Cruz and his wife, Antonia de la Cruz, were... gathered together
Martin Atienza told said couple to take their furniture out of the house because he was going to set fire to it.
Upon being asked... why he wanted to set fire to the house, he... answered that that was the only way he could be revenged upon the people of Masocol who, he said, had instigated the charge of adultery against him and his codefendant
Alarmed at what Martin Atienza had said, the couple left the house at once to communicate with the barrio lieutenant, Buenaventura Ania,... as to what they had just heard Martin Atienza say; but they had hardly gone a hundred arms' length when they heard cries of "Fire! Fire!" Turning back they saw their home in flames
The fire destroyed ... about forty-eight houses.
Tomas Santiago... and Tomas Gonzalez,... saw Martin Atienza... going away from the house where the fire started, and Romana Silvestre leaving it.
With respect to the accused-appellant Romana Silvestre, the only evidence of record against her are:... that Romana Silvestre listened to her co-defendant's threat without raising a protest, and did not give the alarm when the latter... set fire to the house. Upon the strength of these facts, the court below found her guilty of arson as accomplice.
which previous or simultaneous acts complicate Romana Silvestre in the crime of arson committed by her co-defendant Martin Atienza?
Article 14 of the Penal Code, considered in connection with article 13, defines an accomplice to be one who does not take a direct part in the commission of the act, who does not force or induce other to commit it, nor cooperates in the... commission of the act by another act without which it would not have been accomplished, yet cooperates in the execution of the act by previous or simultaneous actions
In the case of the accused-appellant Romana Silvestre, there is no evidence of moral or... material cooperation, and none of an agreement to commit the crime in question. Her mere presence and silence while they are simultaneous acts, do not constitute cooperation, for it does not appear that they encouraged or nerved Martin Atienza to commit the... crime of arson; and as for her failure to give the alarm, that being a subsequent act it does not make her liable as an accomplice.
Mere passive presence at the scene of another's crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy, do... not constitute the cooperation required by article 14 of the Penal Code for complicity in the commission of the crime witnessed passively, or with regard to which one has kept silent;
Mere passive presence at the scene of another's crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy, do... not constitute the cooperation required by article 14 of the Penal Code for complicity in the commission of the crime witnessed passively, or with regard to which one has kept silent