ARTCILE 16 Who are criminally liable The following are criminally liable for grave

and less grave felonies:

1.
2.
3.

EXCEPT: in the crime of defamation where the imputation blackens the memory the one
who is dead

Principals
Accomplices
Accessories
ARTICLE 17 Principals The following are considered principals:

The following are criminally liable for light felonies:

1.
2.

Principals
Accomplices

When a crime is committed by many, without being equally shared by all, a different degree of
responsibility is imposed
Accessories are not liable for light felonies
The social wrong as well as the individual prejudices is so small that penal sanction is
deemed not necessary
Rules relative to light felonies
o
Light felonies are punishable only when they have been consummated (Article 7)
o
When light felonies are committed against persons and property they are punishable even
if they are only attempted or frustrated (Article 7)
o
Only principals and accomplices are liable for light felonies (Article 16)
o
Accessories are not liable for light felonies even if committed against persons or property
(Article 16)
2 parties in all crimes:
Active subject (the criminal)
o
Only natural persons can be the active subject because of the highly personal nature of the
criminal responsibility
He alone by his act can set in motion a cause, or by his inaction can make possible the
completion of a developing modification in the external world
The RPC requires that the culprit should have acted with personal malice or negligence
A juridical person (like a corporation) cannot commit a crime in which a willful purpose or
a malicious intent is required
Juridical persons only act through their agents
Cannot act with malice or negligence
Are criminally liable under certain special laws: Corporation Code of the Philippines (BP
Blg 68), Public Service Law (Com Act no 146), Securities Law, Election Code may be
fined for certain violations
Manager of partnership is liable even if there is no evidence of his participation in the
commission of the offense

Substitution of deprivation of liberty (subsidiary imprisonment) for pecuniary penalties in

case of insolvency of the accused
There is substitution of deprivation of liberty for pecuniary penalties in cases of
insolvency
Culprit acted with personal malice or negligence

Other penalties consisting in imprisonment & other deprivation of liberty (destierro) can
be executed only against individuals
Passive subject (holder of the injured right: man, juristic person, group, State)
o
Corporation or partnership can be a passive subject
o
Corpses and animals cannot be passive subjects -- have no rights that may be injured

1.
2.
3.

Those who take direct part in the execution of the act

Those who directly force or induce others to commit it
Those who cooperate in the commission of the offence by another act without
which it would not have been accomplished

When two or more persons are involved in killing another, it is necessary to determine the
participation of each
PARAGRAPH 1 PRINCIPALS BY DIRECT PARTICIPATION

Personally takes part in the execution of the act

Two or more persons may take direct part in the execution of the act -- principals by DP
o
When the following requisites are present:

Participated in the criminal resolution

They were in conspiracy at the time of the commission of the crime
A person may be convicted for the criminal act of another where, between them, there
has been conspiracy or unity of purpose and intention in the commission of the crime
charged
Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it
Manner of incurring criminal liability
To be a party to a conspiracy, one must have the intention to participate in the
transaction with a view to the furtherance of the common design and purpose
Mere knowledge, acquiescence, or approval (without agreement to cooperate) is not
enough to constitute one a party to a conspiracy -- silence does not make one a
conspirator
The fact that the two accused may have happened to leave together (one of them
left a closing warning to the victim) cannot instantly support conspiracy
Exists if at the time of the commission of the offense the accused had the same
purpose and were united in its execution
Arises on the very instant the plotters agree (expressly or impliedly) to commit the
felony and forthwith decide to pursue it
Proof of conspiracy -- confessions and testimonies of the accused, given separately,
untainted by collusion, and which tally with one another; not essential that there be
proofs as to the previous agreement and decision to commit the crime
Formal agreements among conspirators are not necessary
Must be established by positive and conclusive evidence -- proof beyond reasonable
doubt
To be a co-principal -- he performed an overt act in furtherance of the conspiracy,
actively participated, lending moral assistance (by being present at the scene of the
crime)
Unity of purpose and intention to commit the crime is shown -- spontaneous
agreement, active cooperation by all the offenders (simultaneity per se is not a
badge of conspiracy, it must be proved that the accused acted with one and same
purpose), contributing by positive acts to the realization of a common criminal
intent, presence and lending moral support (conspiracy is presumed when the crime

is committed by a band), one of the accused knew of the plan and performed the
role he was assigned with
There may be conspiracy even if there is no evident premeditation
The act of one is the act of all -- each is equally responsible for the acts of their coconspirators and are liable for the consequences of the felony committed
Other defendants are not held liable for the killings of persons not covered by the
conspiracy
A person in conspiracy with others who had desisted before the crime was
committed by the others is not criminally liable
All are liable for the crime of abduction even if only one acted with lewd designs (an
essential element in the crime of abduction)
In multiple rape, each rapist is equally liable for the other rapes
--EXCEPTIONS:
1) Parricide: the element of relationship must be present as regards all the
offenders
2) Murder: treachery is an element; all offenders must have knowledge of such
element
In cases of criminal negligence or crimes punishable by special law, allowing or
failing to prevent an act to be performed by another, makes one a co-principal

Accused carried out their plan and personally took part in its execution, by acts which
directly tended to the same end
He must be at the scene of the crime, personally taking part in its execution
EXCEPTION: When the co-accused has already performed his part (as in kidnapping)
One serving as guard pursuant to the conspiracy is a principal by DP -- present, aiding,
and abetting in the commission of the crime (passive presence does not constitute
liability)
When the second requisite is lacking, there is only conspiracy
If the crime they agreed and decided to commit is not treason, rebellion, or sedition,
they are not criminally liable
PARAGRAPH 2 PRINCIPALS BY INDUCTION
Those who directly force or induce other to commit the act
One cannot be held guilty of having instigated the crime without first being shown that the
crime was actually committed by another
Two ways of becoming a principal by I
o
Directly forcing another to commit a crime

Two ways:
Using irresistible fore
Using incontrollable fear
No conspiracy not unity of criminal purpose and intention
Material executor is not criminally liable (Article 12, Paragraphs 5 & 6)
o
Directly inducing another to commit a crime

Two ways:
Giving price, offering reward or promise -- collective criminal responsibility
Using words of command -- collective criminal responsibility
The determining cause of the crime and that such inducement was uttered with the
intention of producing the result
It is necessary that the words be of such nature and uttered in such a manner as to
become the determining cause of the crime
A person using words of command may be held liable -- the following requisites must
all be present:
1) Words must have the intention of procuring the commission of the crime
2) Words must have an ascendancy or influence over the person who acted

3)

Words be so direct, so efficacious, so powerful as to amount to physical or moral

coercion
4) Uttered prior to the commission of the crime
5) Material executor of the crime has no personal reason to commit the crime

Requisites -- for a person to be convicted as a principal by I:

Inducement be made directly with the intention of procuring the commission of the
crime
There must exist on the part of the inducer the most positive resolution and the most
persistent effort to secure the commission of the crime
Acting without any expectation or intention that would produce the result is not
inducement
An imprudent and ill-conceived advice is not sufficient -- the person who gave the
advice did not have the intention to procure the crime
Such inducement be the determining cause of the commission of the crime by the
material executor
Without such inducement the crime would not have been committed
Inducement exists if the command or advice is of such a nature what, without its
concurrence, the crime would not have materialized
The inducement must precede the act induced and must be so influential in
producing the criminal act
It is essential to show that the advisor had so great an influence that his words were so
efficacious and powerful as to amount to moral coercion
There is collective criminal responsibility when words of inducement were used
The persons who planned the crime committed ny other persons are guilty as authors by
inducement

PRINCIPAL BY INDUCEMENT
There is inducement to commit a crime
Becomes liable only when the crime is
committed by the principal by DP

Involves any crime

OFFENDER WHO MADE THE PROPOSAL

There is inducement to commit a crime
Mere proposal is punishable in treason or
rebellion
Person to whom the proposal is made should
not commit the crime
Only treason or rebellion

Effects of acquittal or principal by DP upon liability of principal by I

Conspiracy is negated by the acquittal of the co-defendant
One cannot be held guilty without first being shown that the crime has been actually
committed by another

One charged as principal by DP is acquitted because he acted without criminal intent, his
acquittal is not a ground for the acquittal of the principal by I
PARAGRAPH 3 PRINCIPALS BY INDESPSENSIBLE COOPERATION
To cooperate means to desire or wish in common a thing
Requisites:
o
Participation in a criminal resolution

There must be a conspiracy -- cooperation must be indispensable to the accomplishment

of the commission of the offense
May there be cooperation by acts of negligence?
E.g.
Estafa, falsification or malvsersation through falsification without which negligent
acts the commission of the crime could not have been accomplished

o
o

o
o
o
o

Cooperation in the commission of the offense by performing another act, without which it
would not have been accomplished

Cooperation must be indispensable -- not indispensable: accomplice

Should be different from the act of the principal by DP

Collective criminal responsibility
When the offenders are criminally liable in the same manner and to the same extent -penalty to be imposed must be the same for all
Principals by DP have collective responsibility
Principal by I and principal by DP have collective responsibility

EXCEPT: that who directly forced another to commit a crime

Principal by indispensable cooperation has collective responsibility with the principal by DP
In the absence of previous conspiracy, criminal responsibility arising from different acts
directed against one and the same person is individual and not collective -- each of the
participants is liable only for the act committed by him

o
o
o

ARTCILE 18 Accomplices Accomplices are the persons who, not being included in
Article 17, cooperate in the execution of the offense by previous or simultaneous acts
Quasi-collective criminal responsibility
Some of the offenders in the crime are principals and the others are accomplices
The principal element of every punishable complicity consists in the concurrence of the will of the
accomplice with the will of the author of the crime
An accomplice does not fall under any of the three concepts defined in Article 17
There is no conspiracy but were animated by the one and the same purpose to accomplish the
criminal objective, those who cooperated by previous or simultaneous acts but cannot be held
liable as principals
In case of doubt, the participation of the offender will be considered that of an accomplice -when there is doubt as to whether the accused acted as principal or as accomplice, accused
should be held liable only as accomplice
When the participation of an accused is not disclosed, he is only an accomplice
In criminal cases, the participation of the accused must be established by the prosecution by
positive and competent evidence -- cannot be presumed
An accomplice does not enter into a conspiracy with the principal by DP -- accomplice gets a
penalty one degree lower than that provided for the principal in consummated felony

CONSPIRATOR
Know and agree with the criminal design
Know the criminal intention because they
themselves have decided upon such course of
action
Decide that a crime should be committed
Authors of a crime

o
o
o
o

ACCOMPLICE
Know and agree with the criminal design
Come to know about it after the principals have
reached the decision and only then do they
agree to cooperate in its execution
Merely concur
Are mere instruments who perform acts not
indispensable

As co-conspirators = punished as co-principals

Since participation was not absolutely indispensable to the consummation of the crime, the
rule that the court should favor the milder form of liability may be applied
Requisites (to be considered as accomplice):

There be community of design -- knowing the criminal design of the principal by DP, he
concurs with the latter in his purpose
Principal originates the criminal design -- accomplice merely concurs with the principal in
his criminal purpose
The law punishes the assistance which is knowingly or intentionally given and which is not
possible without previous knowledge of the criminal purpose
How an accomplice acquires knowledge of the criminal design:

Principal informs or tells the accomplice of the formers criminal purpose

Accomplice saw the criminal acts of the principal

Concurrence with the criminal purpose of another may make one a co-principal
No knowledge of the criminal design of the principal does not make one an accomplice
Community of design

Presence throughout the commission of the offense, without him doing anything to
prevent the culprits or help the victim, show community of design and cooperation
although he had no direct participation in the execution thereof

Need not be to commit the crime actually committed -- it is sufficient if there was a
common purpose to commit a particular crime and that the crime actually committed
was a natural or probable consequence of the intended crime
When C, owner of a gun, knew that it would be used to kill A and the principal used it to kill
B, C is not an accomplice as to the killing of B
He cooperates in the execution of the offense by previous or simultaneous acts with the
intention of supplying material or moral aid in the execution of the crime in an efficacious
way
Cooperation of an accomplice in only necessary, not indispensable
If there is conspiracy between two or among several persons, even if the cooperation of
one offender is only necessary, the latter is also a principal by conspiracy
The accomplice merely supplies the principal with material or moral aid without conspiracy
with the latter
The wounds inflicted by an accomplice in crimes against persons should not have caused
the death of the victim

Person charged as an accomplice should not have inflicted a mortal wound -- becomes a
principal by DP

The following rules are indicated:

The one who had the original criminal design is the person who committed the
resulting crime
The accomplice after concurring cooperates by previous or simultaneous acts
The accomplice in crimes against persons does not inflict the more or most serious
wounds
Being present and giving moral support when a crime is being committed will make a
person responsible only as accomplice in the crime committed

Moral aid may be through advice, encouragement, or agreement

Responsibility of the accomplice is to be determined by acts of aid and assistance
(either prior to or simultaneous with the commission of the crime), rendered knowingly
for the principal therein, not by the mere fact of having been present at its execution
Unless the object of such presence was to encourage the principal or to apparently
or really increase the odds against the victim
Such an intent must be specifically shown
The advice, encouragement, or agreement should not be the determining cause of the
commission of the crime
There be relation between the acts done by the principal and those attributed to the person
charged as accomplice

o
o

o
o

There must be a relation between the criminal act of the principal by DP and that of the
person charged as accomplice
An accomplice is one who does not take a direct part in the commission of the act, who
does not force or induce others to commit it, or who does not cooperate in the commission
of the crime
Cooperates in the execution of the act by previous or simultaneous actions
Participation is necessary but not indispensable
There is community of criminal design (both accomplice and principal by DP)
The same community of purpose and intention is necessary to justify the conviction of an
accused person in the character of accomplice that is necessary to sustain conviction in
the character of principal
Accomplices cooperate in the execution of the offense by previous or simultaneous acts
other that those which would characterize them as principals
In case of doubt, it shall be resolved in favor of lesser responsibility, that is, that of mere
accomplice
Between principals and accomplices, there is no conspiracy

ARTICLE 19 Accessories Accessories are those who, having knowledge of the

commission of the crime, and without having participated therein, either as principals
or accomplices, take part subsequent to its commission in any of the following
manners:
1.

By profiting themselves or assisting the offender to profit by the effects of the

crime.

2.

By concealing or destroying the body of the crime, or the effects or instruments

thereof, in order to prevent its discovery.

3.

By harboring, concealing, or assisting in the escape of the principals of the

crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be habitually
guilty of some other crime.

An accessory does not participate in the criminal design, nor cooperate in the commission of the
felony, but with knowledge of the commission of the crime, subsequently takes part in three
ways:
Profiting from the effects of the crime or assisting the offender to profit
o
Accessory should not take the property without the consent of the principal
o
When is profiting by the effects of the crime punished as the act of principal and not that of
accessory?

When a person knowingly acquired or received property taken by the brigands

o
An accessory should not be in conspiracy with the principal
By concealing or destroying the body of the crime to prevent its discovery
o
Body of the crime -- corpus delicti

A specific offense was in fact committed by someone

Concealing of the body of the victim = concealing the crime

There must be an attempt to hide the body

Concealing or destroying the effects or instruments of the crime to prevent its discovery

The stolen property is the effect of the crime, the pistol or knife is the instrument of
the crime
o
To prevent its discovery -- its mean crime

Done in order to prevent the discovery of the crime

What is concealed is the body of the crime, the effects or instruments thereof, not the
principal who committed the crime

If the principal is concealed, paragraph 3 of Article 19 applies

o
A person who receives any property from another, knowing that the same had been stolen,
is guilty of the crime of theft, as an accessory after the fact
By harboring, concealing, or assisting in the escape of the principal
o
Two classes:

Requisites of first:
Accessory is a public officer
He harbors, conceals, or assists in the escape of the principal
Acts with abuse of his public functions
Any crime was committed provided it is not a light felony

Requisites of second:
Accessory is a private person
He harbors, conceals, or assists in the escape of the author of the crime
Crime committed: treason, parricide, murder, attempt against the life of the President,
or is known to be habitually guilty of some other crime -- accessory must have
knowledge of the principal being habitually guilty
o
A mayor who refuses to prosecute the offender is an accessory
o
One who kept silent with regard to the crime he witnessed is not an accessory

Such omission is not one of the different acts listed in Article 19

Omission is not harboring, concealing, or assisting in the escape of the principal

Liable as an accessory: person volunteered false information to deceive the prosecuting

authorities and thus to prevent the detection of the guilty parties and to aid them in
escaping discovery and arrest
Having knowledge
An accessory must have knowledge of the commission of the crime, took part subsequent to
its commission
In the absence of positive proof, cannot be held criminally liable as accessory
o
If A buys stolen property, not knowing that it was stolen, he is not liable
If there has been no one convicted as the thief, the possessor should be prosecuted as
principal of the crime of theft
Entertaining suspicion that a crime has been committed is not enough
Knowledge of the commission of the crime may be acquired subsequent to the acquisition of
stolen property -- established by circumstantial evidence
Commission of the crime
Must be proved beyond reasonable doubt
Take part subsequent to its commission
Accessory takes part after the crime has been committed
Accessorys participation therein is subsequent to its commission and his guilt is directly related
to that of the principal delinquent in the punishable act
When is conviction of accessory possible, even if principal is acquitted?
When the principal was not held criminally liable because of an exempting circumstance
(Article 12)

 The arraignment, trial, and conviction of the accessory during the pendency of a separate case
against the principal are null and void
But when the principal is not yet apprehended, the accessory may be prosecuted and
convicted
Can there be an accessory even after the principal was convicted?
Yes
Crime committed must be: treason, parricide, murder, attempt to take the life of the
President, or principal is known to be habitually guilty of some other crime
Possible only when the accessory is a private individual
Accessory does not take direct part, induce, or cooperate in the commission of the crime
Accessory does not cooperate in the commission of the offense by acts prior thereto or
simultaneous therewith
Participation of the accessory always takes place after the commission of the crime
With knowledge of the commission of the crime, the accessory subsequently takes part in any of
the three ways mentioned in Article 19
ARTICLE 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
Ground for exemption
Based on the ties of blood and the preservation of the cleanliness for ones name
An accessory is exempt from criminal liability when the principal is his:
Spouse
Ascendant
Descendant
Legitimate, natural or adopted sibling, or relative by affinity within the same degree
Relationship by affinity between the surviving spouse and blood relatives of the deceased spouse
survives even after the death of the deceased spouse
Nephews or nieces not included among such relatives
The accessory is not exempt from criminal liability even if the principal is related to him if such
accessory:
Profited by the effects of the crime
Assisted the offender to profit by the effects of the crime
Only accessories under paragraphs 2 and 3 of Article 19 are exempt from criminal liability if they
are related to the principals

Such

public officer does not incur any criminal liability -- blood ties constitute a more powerful

incentive than the call of duty