PEOPLE OF THE PHILIPPINES vs ERNESTO GARCES
G.R. NO. : July 17, 2007
Facts:
On August 2, 1992, between 8:00 and 9:00 o'clock in the evening, AAA was on her way to the chapel when the five accused suddenly appeared and approached her. Rosendo Pacursa covered her mouth with his hands and told her not to shout or she will be killed. He then brought her inside a nearby tobacco barn while his four companions stood guard outside. Inside the barn, Pacursa started kissing AAA. Private complainant fought back but to no avail. Thereafter, Pacursa succeeded in having carnal knowledge of her. After a while, they heard people shouting and calling the name of AAA. At this point, petitioner Ernesto Garces entered the barn, covered AAA's mouth, then dragged her outside. He also threatened to kill her if she reports the incident.
The medico-legal findings of Dr. Herminio Venus showed that there was a laceration in the complainant's private parts possibly caused by sexual contact.
Issue:
Whether or not Ernesto Garces can be convicted as an accomplice in the rape committed in this case by Rosendo Pacursa
Held:
The two elements necessary to hold petitioner liable as an accomplice are present: (1) community of criminal design, that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; and (2) performance of previous or simultaneous acts that are not indispensable to the commission of the crime. The facts show that petitioner participated in the commission of the crime even before complainant was raped. He was present when Pacursa abducted complainant and when he brought her to the barn. He positioned himself outside the barn together with the other accused as a lookout. When he heard the shouts of people looking for complainant, he entered the barn and took complainant away from Pacursa. Having known of the criminal design and thereafter acting as a lookout, petitioner is liable as an accomplice, there being insufficient evidence to prove conspiracy.