Title Two: Persons Criminally Liable

CASE NUMBER
People v Montesclaros
Punooooo, J.

Summarized by Kobe Bryant

Mommy forced daughter to drink and allowed a tanod, who was also their
landlord, to rape her. Material to our lesson is the discussion on her criminal liability as
an accomplice and not as a co conspirator.

IMPORTANT PEOPLE
Ida Montesclaros: Mommy
ABC: Victim (13 years old)
Bartolome Tampus: Rapist

FACTS
1. Accused were drinking at the home of the victim. They made her drink 3 ½
glasses. She felt dizzy and laid down on the floor.
2. Tampus asked for “remedyo” which means get down and dirty nastily in
Bisaya
3. Mommy leaves daughter to go to work at the beerhouse. Upon arrival, she
ignores the cries of the daughter.
4. The daughter, upon waking up, has pain in her vajayjay head, groin and
buttocks. Her panties are on her knees and are stained with blood. The blood
came from her vajayjay.
5. Later, Tampus arrives in their house finding daughter alone as mommy is at
the beerhouse again. He carried a bat. He said he would kill her if she told
anyone of the rape. He said he would kill her if she screamed and then he got
down and dirty with her.
6. Daughter asks help from her tita, Nellie, and they file charges.
7. Tampus dies during the criminal proceedings and his liability was
extinguished.
8. It is found that mommy is schizophrenic, but the Doctor says that she may not
have lost intelligence during the commission of the crime as there was
discernment and material gain evident.

ISSUE with HOLDING

1. WN mommy is a co conspirator
1
 ● No. Her participation was not indispensable to the crime, therefore she
was not a principal.
● Her acts of intimidating and forcing daughter to drink and acceding to the
request of “remedyo” by Tampus did not prove their conspiracy.

2. Circumstances:
● Mitigating (Disease): Yes

DISPOSITIVE PORTION
IN VIEW WHEREOF, the Decision of the Court of Appeals, Visayas Station, dated
September 29, 2006, in CA-G.R. CR- HC No. 00215, finding appellant Ida Montesclaros
guilty beyond reasonable doubt as accomplice in the crime of rape and sentencing her
to suffer the indeterminate penalty of ten (10) years and one (1) day of prision mayor, as
minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum, is
AFFIRMED with MODIFICATION. Appellant Ida Montesclaros is ORDERED to pay civil
indemnity in the amount of sixteen thousand, six hundred sixty-six pesos and sixty-
seven centavos (P16,666.67), and moral damages in the amount of sixteen thousand,
six hundred sixty-six pesos and sixty-seven centavos (P16,666.67). The award of
exemplary damages is DELETED.
SO ORDERED.
DOCTRINE
In order to be a conspirator, one’s participation must be indispensable to the
crime committed.

RELEVANCE TO THE LESSON

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Quisque ac erat placerat
turpis suscipit congue id quis erat. Curabitur lobortis metus ut purus venenatis…

OTHER NOTES
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Quisque ac erat placerat
turpis suscipit congue id quis erat. Curabitur lobortis metus ut purus venenatis…