ARTICLE 16

Who are criminally liable – The following are criminally liable for grave and less grave felonies:

1. Principals
2. Accomplices
3. Accessories

The following are criminally liable for light felonies:

1. Principals
2. Accomplices

ACTIVE SUBJECT OF CRIME PASSIVE SUBJECT OF CRIME

The Criminal The Injured Party
Only natural persons can be the active subject
of the crime, because of the highly personal The Man
nature of the criminal responsibility
The Juristic Person
Juridical Persons are criminally liable under - Corporation
certain special laws
- Partnership
The Group
The State

Corpse or dead animal cannot be a passive

subject because they have no rights that may be
injured

Exception:
Crime of Defamation (Article 353) may be
committed if the imputation tends to blacken
the memory of one who is dead

Reasons why only natural persons can be active subject of crime:

NATURAL PERSON JURIDICAL PERSON

Can act with personal malice or negligence Cannot act with malice or negligence
Cannot commit a crime in which a wilful
There is substitution of deprivation of liberty
purpose or malicious intent is required
Some penalties can be only executed against
individuals
JURIDICAL PERSON

- A corporation can act only through its officers or incorporators

- An officer of a corporation, in the exercise of his duties, is criminally liable for his acts
- Criminal actions are restricted or limited to the officials of the corporation and never
directed against the corporation itself
- Juridical persons are criminally liable under certain special laws
- A director or other officer is not criminally liable for the corporate acts performed by
other officers or agents thereof
- Manager of partnership is liable even if there is no evidence of his participation in the
commission of the offense
 ARTICLE 17

Principals – The following are considered principals:

1. Those who take direct part in the execution of the act;

2. Those who directly force or induce others to commit it
3. Those who cooperate in the commission of the offense by another act without which it
would not have been accomplish

Par. 1 – Those who take direct part in the execution of the act