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Vino V People G.R. No. 84163 October 19, 1989 Gancayco, J.: Facts

Lito Vino and Jessie Salazar were seen riding away on a bicycle together shortly after Roberto Tejada was shot and killed. Salazar was holding an armalite rifle. They stopped near Tejada's body and Salazar pointed the rifle at witnesses before they left together. Vino was charged with murder as a principal but the court found he was actually an accessory for actively assisting Salazar in escaping after the crime.

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443 views1 page

Vino V People G.R. No. 84163 October 19, 1989 Gancayco, J.: Facts

Lito Vino and Jessie Salazar were seen riding away on a bicycle together shortly after Roberto Tejada was shot and killed. Salazar was holding an armalite rifle. They stopped near Tejada's body and Salazar pointed the rifle at witnesses before they left together. Vino was charged with murder as a principal but the court found he was actually an accessory for actively assisting Salazar in escaping after the crime.

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© © All Rights Reserved
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Vino v People

G.R. No. 84163 October 19, 1989

GANCAYCO, J.:

Facts:

At about 7:00 o'clock in the evening of March 21, 1985, Roberto Tejada left their house at Burgos Street,
Poblacion, Balungao, Pangasinan to go to the house of Isidro Salazar to watch television.

At around 11:00 P.M., while Ernesto, the father of Roberto, was resting, he heard two gunshots.
Thereafter, he heard Roberto cry out in a loud voice saying that he had been shot. He saw Roberto ten
(10) meters away so he switched on the lights of their house.

Aside from Ernesto and his wife, his children Ermalyn and Julius were also in the house. They went
down to meet Roberto who was crying and they called for help from the neighbors. The neighbor
responded by turning on their lights and the street lights and coming down from their houses.

After meeting Roberto, Ernesto and Julius saw Lito Vino and Jessie Salazar riding a bicycle coming from
the south. Vino was the one driving the bicycle while Salazar was carrying an armalite.

Upon reaching Ernesto's house, they stopped to watch Roberto. Salazar pointed his armalite at Ernesto
and his companions. Thereafter, the two left.

Roberto was brought to the Sacred Heart Hospital of Urdaneta. PC/Col. Bernardo Cacananta took
his ante-mortemstatement. In the said statement which the victim signed with his own blood, Jessie
Salazar was Identified as his assailant.

Lito Vino and Sgt. Jesus Salazar were charged with murder in a complaint filed by PC Sgt. Ernesto N.
Ordono in the Municipal Trial Court of Balungao, Pangasinan.

Issue: W/N Lito Vino can be convicted as an accessory to a crime

Held:

Petitioner was charged as a principal in the commission of the crime of murder. Under Article 16 of the
Revised Penal Code, the two other categories of the persons responsible for the commission of the same
offense are the accomplice and the accessory. There is no doubt that the crime of murder had been
committed and that the evidence tended to show that Jessie Salazar was the assailant. That the
petitioner was present during its commission or must have known its commission is the only logical
conclusion considering that immediately thereafter, he was seen driving a bicycle with Salazar holding
an armalite, and they were together when they left shortly thereafter. At least two witnesses, Ernesto
and Julius Tejada, attested to these facts. It is thus clear that petitioner actively assisted Salazar in his
escape. Petitioner's liability is that of an accessory.

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