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LECTURE CRIMINAL LAW 1 1.

Those who take a direct part in the execution of the


ARTICLE 16-20 act;
2. Those who directly force or induce others to
commit it.
Title Two 3. Those who cooperate in the commission of the
PERSONS CRIMINALLY LIABLE FOR FELONIES offense by another act without which it would not
Art. 16. Who are criminally liable. — have been accomplished.

The following are criminally liable for Single person committed the crime- is principal by
direct participation.
grave and less grave felonies:
Three Types of Principles
1. Principals. Person A by promises of price and reward, induced
another person B to kill another C and another
2. Accomplices. person D participated to kill C by giving assistance or
3. Accessories. aid.
The following are criminally liable for A is a principal by inducement, B is principal by direct
light felonies: participation, D is also principal because they took
direct part and D cooperated (which without D’s
cooperation, the crime will not have been
1. Principals. accomplished.)
2. Accomplices. Principal by Three Conspirator
Categories
Accessories are not liable for light felonies BECAUSE  Principal by
light felonies are punishable only when they are Inducement
consummated except those against person and  Principal by Direct
property where they are punishable even only Participation
attempted or frustrated. Accessories are not liable for  Principal by
light felonies whether against person or property but Cooperation
only principals and accomplices. =criminal liability is limited =responsibility includes
to his own acts, the acts of his fellow
Only natural persons can be active subject of crime for conspirators
they could act with personal malice or negligence but
not juridical person such as corporation. A
corporation can act only through its officers or PRINCIPALS BY DIRECT PARTICIPATION
incorporators, and that as regards a violation of the
law committed by an officer of a corporation, in the Take a direct part in the execution of the act
exercise of his duties, he answers criminally for his constituting crime.
acts, and not the corporation to which he belongs, for Two or more persons who took part in the
being an artificial person, it cannot be prosecuted commission of the crime are principals by direct
criminally. participation, when the following requisites are
present:
The manager of the partnership is criminally liable, 1. That they participated in the criminal resolution;
even in the absence of evidence regarding his direct =Two or more persons are said to have participated in
participation in the commission of the offense. It is a the criminal resolution when they were in conspiracy
settled rule that since a corporation or partnership at the time of the commission of the crime.
can only act through its officers and their agents, the
president or manager can be held criminally liable for 2. That they carried out their plan and personally took
the violation of a law by the entity. part in its execution by acts which directly tended to
the same end.
Art. 17. Principals. — The following are
considered principals: 1st Requisite Conspiracy

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A conspiracy exists when two or more persons come A conspirator is not liable for another's crime which
to an agreement concerning the commission of a is not an object of the conspiracy or which is not a
felony and decide to commit it. necessary and logical consequence thereof.

When there is no conspiracy, each of the offenders is Conspiracy may cover persons previously
liable only for the act performed by him. undetermined.
=di naman kasali dapat sa plano pero dahil sa natural
Example: In a case where one accused inflicted the and inherent consequences of such plan, it appearing
mortal wound by stabbing the victim with a knife that there was a general plan to kill anyone who
while the other two assailants merely hit the victim might put up violent resistance.
with a bamboo on the left arm and the head, the
former was held guilty of murder while the latter was A person in conspiracy with others, who had desisted
held liable only for lesiones leves or slight physical before the crime was committed by the others, is not
injuries. criminally liable.

Conspiracy is implied when the accused had a Conspiracy having been established, it is immaterial
common purpose and were united in its execution. who of the conspirators fired the fatal shot.

Sample Case In multiple rape, each rapist is equally liable for the
(1) The three accused came together to the scene of the other rapes.
occurrence; Exceptions:
(2) While accused Trinidad struck the first blow, accused 1. In the crime of parricide, the element of relationship
Delgado held Chavez, and accused Villanueva unsuccessfully must be present as regards all the offenders.
attempted to hit Bragat;
=Nanay at anak piñata ang ama, both are guilty of
(3) As Bragat tried to run away, he was pursued by the
accused who trampled on his body after he had been boxed
parricide aggravated by relationship BUT kung ang
by Delgado; nanay at ibang tao pumatay, nanay lang ang guilty ng
(4) The three accused together left Bragat unconscious on parricide at aggravated.
the ground and, together also, they went to the house of
Pepe Ybanez. 2. In the crime of murder where treachery is an
element of the crime, all the offenders must at least
Unity of purpose and intention in the commission of have knowledge of the employment of treachery at
the crime is shown in the following cases: the time of the execution of the act or their
cooperation therein.
1. Spontaneous agreement at the moment of the =A and B conspired to kill C but at the moment of
commission of the crime is sufficient to create killing B remained outside of the house and have no
joint responsibility. knowledge of the treacherous killing acted by A. Thus,
2. Active cooperation by all the offenders in the A is aggravated of treachery and B is not.
perpetration of the crime will also create joint
responsibility. SECOND REQUISITE — (PRINCIPALS BY DIRECT
=the accused cooperated in the perpetration PARTICIPATION)
of the homicide shows that they were moved
by a common motive and that their intention A principal by direct participation must personally
was to accomplish the death of the deceased. take part in executing the criminal plan to be carried
3. Contributing by positive acts to the realization out. This means that he must be at the scene of the
of a common criminal intent also creates joint commission of the crime, personally taking part in its
responsibility. execution.
4. Presence during the commission of the crime
by a band and lending moral support thereto, Exception; kahit di sya present pero dahil sa
also create joint responsibility with the participation nya nagging matagumpay ang krimen,
material executors. liable pa din sya.
= It is sufficient that he was present at the
place of the commission of the act, If this second requisite is lacking, at most, there is only
augmenting with his arms and presence the a conspiracy among the several defendants who
power of the band. participated in the Criminal resolution, and if the crime

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they agreed and decided to commit is not treason, Principal by inducement Proposal to commit a
rebellion or sedition, they are not criminally liable. becomes liable only when felony is punishable in
the crime is committed treason or rebellion.
PRINCIPALS BY INDUCTION by the principal by direct
participation
The principal by induction becomes liable only when inducement involves any Proposal to be punishable
the principal by direct participation committed the act crime must involve only treason
induced. or rebellion.

Two ways of becoming principal by induction.

1. by directly forcing another to commit a crime, PRINCIPALS BY INDISPENSABLE COOPERATION


and
a. By using irresistible force. Requisites:
b. By causing uncontrollable fear.
2. by directly inducing another to commit a 1. Participation in the criminal resolution, that is, there
crime. is either anterior conspiracy or unity of criminal
a. By giving price, or offering reward or purpose and intention immediately before the
promise. commission of the crime charged; and
b. By using words of command. 2. Cooperation in the commission of the offense by
Requisites: performing another act, without which it would not
1. That the inducement be made directly with the have been accomplished.
intention of procuring the commission of the crime;
and Collective Criminal Responsibility
2. That such inducement be the determining cause of There is collective criminal responsibility when the
the commission of the crime by the material executor. offenders are criminally liable in the same manner and
to the same extent. The penalty to be imposed must
The inducement must precede the act induced and be the same for all.
must be so influential in producing the criminal act
that without it, the act would not have been Individual Criminal Responsibility
performed. In the absence of previous conspiracy, unity of
criminal purpose and intention immediately before
Using words of command may be held liable as the commission of the crime, or community of
principal under paragraph No. 2 of Art. 17, the criminal design, the criminal responsibility arising
following five requisites must all be present: from different acts directed against one and the same
(1) That the one uttering the words of command must person is individual and not collective, and each of the
have the intention of procuring the commission of the participants is liable only for the act committed by
crime. him.
(2) That the one who made the command must have
an ascendancy or influence over the person who acted.
(3) That the words used must be so direct, so
ART. 18. ACCOMPLICES
Accomplices are the persons who, not being included
efficacious, so powerful as to amount to physical or
in Article 17, cooperate in the execution of the
moral coercion.
offense by previous or simultaneous acts.
(4) The words of command must be uttered prior to
the commission of the crime.
Quasi-Collective Criminal Responsibility.
(5) The material executor of the crime has no personal
=some of the offenders in the crime are principals and
reason to commit the crime.
the others are accomplices.
Ascendancy or influence as to amount to moral
=When there is no conspiracy between or among the
coercion is not necessary when there is conspiracy.
defendants but they were animated by one and the
Inducement Proposal to Commit
same purpose to accomplish the criminal objective,
Felony
those who cooperated by previous or simultaneous
Inducement to commit crime
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acts but cannot be held liable as principals are The cooperation which the law punishes is the
accomplices. assistance which is knowingly or intentionally given
and which is not possible without previous knowledge
In case of doubt, the participation of the offender will of the criminal purpose.
be considered that of an accomplice rather than that
of a principal. Acquires knowledge of the criminal design of the
principal.
When the participation of an accused is not disclosed,
he is only an accomplice. a. When the principal informs or tells the
accomplice of the former's criminal purpose.
An accomplice does not have previous agreement or b. When the accomplice saw the criminal acts of
understanding or is not in conspiracy with the the principal.
principal by direct participation.
The accomplice gets a penalty one degree lower than
that provided for the principal in a consummated
felony. Examples of cooperation by accomplice:
Conspirator Accomplice
know and agree with the criminal design a. By previous acts.
Know the criminal Come to know about it The example of cooperation by previous act is the
intention because they after the principals have lending of a dagger or pistol to the murderer, knowing
themselves have decided reached the decision, and the latter's criminal purpose.
upon such course of only then do they agree In the crime of rape, the pharmacist who, knowing the
action to cooperate in its criminal purpose of another, furnishes him the drug
execution. with which he will put his victim to sleep in order to
decide that a crime do not decide whether rape her, is also an accomplice in the crime. (U.S. vs.
should be committed the crime should be Flores, 25 Phil. 595, 597-598)
committed
authors of a crime are merely instruments b. By simultaneous acts.
who perform acts not The defendant who held one of the hands of the victim
essential to the and tried to take away the latter's revolver, while his
perpetration of the co-defendant was attacking him, is an accomplice, for
offense he cooperated in the execution of the crime by
simultaneous acts without any previous agreement or
REQUISITES understanding with his co-defendant.
1. That there be community of design; that is,
knowing the criminal design of the principal The cooperation of an accomplice is not due to a
by direct participation, he concurs with the conspiracy.
latter in his purpose;
2. That he cooperates in the execution of the When the acts of the accused are not indispensable in
offense by previous or simultaneous acts, with the killing, they are merely accomplices.
the intention of supplying material or moral
aid in the execution of the crime in an The accomplice merely supplies the principal with
efficacious way; and material or moral aid without conspiracy with the
3. That there be a relation between the acts latter.
done by the principal and those attributed to
the person charged as accomplice. The wounds inflicted by an accomplice in crimes
against persons should not have caused the death of
First requisite: victim.

The cooperation that the law punishes is the


assistance knowingly or intentionally rendered, which In these cases, the following rules are indicated:
cannot exist without previous cognizance of the
criminal act intended to be executed by the principal a. The one who had the original criminal design
by direct participation. is the person who committed the resulting
crime.
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3. By harboring, concealing, or assisting in the
b. The accomplice, after concurring in the escape of the principal of the crime, provided the
criminal purpose of the principal, cooperates accessory acts with abuse of his public functions
by previous or simultaneous acts. or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
c. The accomplice in crimes against persons
the life of the Chief Executive, or is known to be
does not inflict the more or most serious
wounds. habitually guilty of some other crime.

An accomplice is one who does not take a direct part =Public officers who harbor, conceal or assist in
in the commission of the act, who does not force or the escape of the principal of any crime (not
induce others to commit it, or who does not light felony) with abuse of his public functions.
cooperate in the commission of the crime by another
act without which it would not have been Requisites:
accomplished, yet cooperates in the execution of the (1) The accessory is a public officer.
act by previous or simultaneous actions. (2) He harbors, conceals, or assists in the escape
of the principal.
Accomplice Principal by cooperation
(3) The public officer acts with abuse of his public
Lending pistol or dagger Even if the pistol and
functions.
dagger is not lent , still
the accused will commit (4) The crime committed by the principal is any
the crime. crime, provided it is not a light felony.
Accomplice Principal by direct
participation =Private persons who harbor, conceal or assist in
There is community of criminal design. the escape of the author of the crime — guilty of
In case of doubt, it shall be resolved in favor of lesser treason, parricide, murder, or an attempt
responsibility, that is, that of mere accomplice. against the life of the President, or who is known
Between or among principals liable for the same to be habitually guilty of some other crime.
offense there must be conspiracy; but between the
principals and the accomplices, there is no conspiracy. Requisites:
(1) The accessory is a private person.
Art. 19. Accessories (2) He harbors, conceals or assists in the escape
Accessories are those who, having knowledge of of the author of the crime.
the commission of the crime, and without having (3) The crime committed by the principal is either:
participated therein, either as principals or (a) treason, (b) parricide, (c) murder, (d) an
accomplices, take part subsequent to its attempt against the life of the President, or (e)
commission in any of the following manners: that the principal is known to be habitually guilty
of some other crime.
1. By profiting themselves or assisting the
offender to profit by the effects of the crime; Heavy penalties for accessories in robbery and
theft.
 By profiting themselves by the effects of PRESIDENTIAL DECREE NO. 1612
the crime. ANTI-FENCING LAW OF 1979
 Assisting the offender to profit by the
effects of the crime. Accessory distinguished from principal and from
accomplice.
1. The accessory does not take direct part or
2. By concealing or destroying the body of the cooperate in, or induce, the commission of the
crime or the effects or instruments thereof, in crime.
order to prevent its discovery; 2. The accessory does not cooperate in the
commission of the offense by acts either prior
thereto or simultaneous therewith.

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3. The participation of the accessory in all cases
always takes place after the commission of the
crime.

Art. 20. Accessories who are exempt


from criminal liability.
The penalties prescribed for accessories shall not
be imposed upon those who are such with
respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of
accessories falling within the provisions of
paragraph 1 of the next preceding article.

An accessory is exempt from criminal liability,


when the principal is his —
(1) spouse, or
(2) ascendant, or
(3) descendant, or
(4) legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.

Nephew or niece not included among such


relatives.

Accessory is not exempt from criminal liability


even if the principal is related to him, if such
accessory
(1) profited by the effects of the crime, or
(2) assisted the offender to profit by the effects
of the crime.

Liability of a public officer when related to the


principal.
= Is a public officer who, with evident abuse of his
office, furnished the means of escape to his
brother who had committed murder criminally
liable as accessory? Such a public officer does not
incur any criminal liability. Ties of blood or
relationship constitutes a more powerful
incentive than the call of duty.