Persons Criminally Liable for Felonies

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.

ARTICLE 17. Principals. — The following are considered principals:

1. Those who take a 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 accomplished.

ARTICLE 18. Accomplices. — Accomplices are those persons who, not being
included in article 17, cooperate in the execution of the offense by previous or
simultaneous acts.

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 principal 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.
MODULE 3: PERSONS CRIMINALLY LIABLE FOR FELONIES
When a crime is committed by many, without being equally shared by all, a different
degree of responsibility is imposed upon each and every one of them. In that case,
they may be liable as either as principals, accomplices or accessories.

ARTICLE 16: WHO ARE CRIMINALLY LIABLE

Who are criminally liable?
For grave and less grave: Principals, accomplices and accessories
For light: Principals and accomplices. Accessories are not liable for light felonies
because the social wrong and the individual prejudice is so small that a penal sanction
is deemed not necessary for accessories.
*Article 53 Penalty to be imposed upon Accessories to the commission of
consummated felony is that the penalty must be lower by two degrees than that
prescribed by the law.
Why are accessories not liable for light felonies?
 De minimis non curat lex: The law does not deal with trifles (small, petty,
trivial matters of which no person of ordinary sense and temper would
complain)
 2 degrees lower than arresto menor is not possible

Light felonies are those punished by arresto menor or fine not exceeding PHP 40,000
or both is provided.
 Rules relative to light felonies:
1. Punishable only when consummated
2. Against persons or property: Attempted or Frustrated = Punishable
3. Only principals and accomplices are liable for light felonies
4. Accessories are not liable for light felonies
 Example: Slight Physical Injuries, Theft, Alteration of Boundary Marks,
Malicious mischief and Intriguing against honor.

To whom do “persons” refer?

1. Active subject:
- Natural persons ONLY.
- Criminal offender (Prinicipals, Accomplices and Accessories) the
division is based on their participation in the crime.
- Article 40 in Civil Law

Juridical persons cannot commit a crime which requires a willful purpose,

voluntariness or malicious intent.

The following are Juridical Persons:

- The state and its political subdivisions;
- other corporations, institutions and entities for public interest or
purpose, created by law; their personality begins as soon as they have been
constituted according to law;
- corporations, partnerships and associations for private interest or
purpose to which the law grants a juridical personality, separate and distinct from
that of each shareholder, partner or member.
- Article 44 in Civil law
**only NATURAL PERSONS can be active subject of a crime.
1. A corporation cannot be arrested or imprisoned.
2. A corporation has no personal violence or malicious intent, they have
separate juridical personality.
3. Only directors, officers, employees responsible for the offense shall be
charged and penalized in which described as NATURAL PERSONS who can
be active subject in crime.

2. Passive subject:
- the injured party
- the holder of the injured right
- Man, juristic person and state.
*Can animals be passive subject? Yes. R.A. 8485 or aka The Animal
Welfare Act of 1998.
*Can the DEAD be passive subjects? Yes. Article 353 or LIBEL. When you
blacken the memory of one who is dead.

ARTICLE 17: PRINCIPALS

Types of Princiopals
1. Prinicpals by Direct participation (need to be in the crime scene)
2. Prinicipals by Induction/Inducement (need not to be in the crime scene)
3. Prinicipals by Indispensable Cooperation (need to be in the crime scene)

DIRECT PARTICIPATOR
Who are principals by direct participation?
 Those who materially execute the crime.
 Must appear at crime scenes and perform acts necessary to commission.
 In conspiracy by prior arrangement:
Principal who does not appear in crime scene is NOT LIABLE:
 Non-appearance = Desistance
Conspiracy = Not generally a crime unless specified = mere
conspiracy; No crime unless appear at crime scene and perform any act in
the execution of the plan = no criminal liability because no basis.
Examples:
A. A person who sets his enemy’s house on fire.
B. A gang member who shoots and kills another rival gang member.

Is it possible to have a two or more persons be considered principals by

direct participation?
Yes. They can be considered when:
1. They participated in the Criminal Resolution.
-they are considered to have participated in the criminal
resolution when they were in CONSPIRACY at the time of the
commission of the crime.
CONSPIRACY- under article 8, exists only when two or more
persons come to an agreement concerning the commission of a felony
and decide to commit it.
-its not a felony but only a manner of incurring criminal
liability.
 Conspiracy as Felony: Treason, Rebellion, Insurrection,
Coup d’ etat and Sedition.
Conspiracy as a manner of incurring Criminal Liability:
not only conspired but also committed the felony. It does not require
necessarily an agreement for an appreciable length of time prior to the
execution of its purpose.
Conspiracy exists if at the time of the commission of the
offense, the accused had the same purpose and were united in its
execution. They acted having a common goal.

What is the liability of the participants where there is

Conspiracy? “The act of one is the act of ALL”
There is no conspiracy to commit an offense through
NEGLIGENCE.

2. They carried out their plan and personally took part it its execution
by acts which directly tended to the same end.

If the 2nd requisite is lacking and there is only the 1st

requisite which is CONSPIRACY, the persons who participated
in the criminal resolution are not criminally liable.
To be guilty as co-principal by reason of conspiracy, he must perform
an OVERT ACT by:
1. Actively participating in the commission of the crime.
2. Lending moral assistance to his co-conspirators by being present at the
scene of the crime.
3. Exerting moral ascendancy over the rest of the conspirators as to move them
to executing the conspiracy.

INDUCTION/INDUCEMENT
When is an offender a principal by inducement?
1. By directly forcing another to commit a crime.
a) Using irresistible force
b) Using uncontrollable fear
(a and b are both exempting circumstance under article 12)
(only the inducer is criminally liable)

2. By directly inducing another to commit a crime.

Requisites
a) That the inducement be made directly with the intention of procuring the
commission of the crime
b) That such inducement be the determining cause of the commission of the
crime by material executor

2 ways of directly inducing another:

a) Giving price, offering reward or promise. (article 14 or the aggravating
circumstance) (it is murder not homicide)

b) Using words of command

Five requisites when using Words of Command
 b1. the one uttering the words of command must have the intention of
procuring the commission of the crime
b2. the one who made the command must have an ascendancy or
influence over the person who acted
b3. the words used must be so direct, so efficacious, so powerful as to
amount to physical or moral coercion
b4. the words of command must be uttered prior to the commission of
the crime.
b5. the material executor of the crime has no personal reason to
commit the crime

Prinicpal by Inducement Person Proposing to Commit Felony

There is an inducement to commit a crime
The crime is committed by the Prinicipal The crime is NOT committed, otherwise,
by Direct Participation the proponent becomes a principal by
inducement
It relates to any crime Relates only to crimes to which the law
punishes mere proposal

Is it required that a principal by inducement appear at the scene of the crime to be

liable?
They are to be held liable even if they did not appear at the crime; it would
have been not committed if not due to their inducement.
 Need not to know the blueprint of the crime.

How does an inducer “induce” another to commit a crime?

By command (precepto)
By consideration (pacto)
Or any other similar which constitutes real moving cause of the crime

INDESPENSABLE COOPERATION
-Those who cooperate in the commission of the offense by another act
without which it would not have been accomplished.
Requisites:
1. Participation in the criminal resolution, that is, there is either anterior
conspiracy or unity of criminal purpose and intention immediately before the
commission of the crime charged.
2. Cooperation in the commission of the offense by performing another act,
without which it would not have been accomplished.

POINTS TO REMEMBER:
1. If the cooperation of one of the accused consists in performing an act necessary in
the execution of the crime committed, he is a principal by direct participation.
2. In case of doubt, the participation of the offender will be considered that of an
accomplice rather than that of a principal.

DOUBT means:
A. Lack of proof to establish conspiracy
B. Participation in the crime is not known
If there is conspiracy and the participation is minimal or minor: PRINCIPAL
If there is no conspiracy but there is concurrence in the criminal purpose and the
participation is minimal or minor: ACCOMPLICE

Who is a principal by indispensable cooperation?

 There must be direct participation in the criminal design.
 Act must be of such importance that crime would not have been committed
without him.
 Need not to be in the party in the planning stage of a conspiracy for he may
become a principal at the moment of execution of the crime.
 Common purpose & Unity of design: inferred from circumstances of the
crime

How does the cooperator participate in the commission of the offense?

 Must be indispensable if not = liability is accomplice
 Mere presence at the crime scene or sole relationship with the other accused
does not make one a co-conspirator.
 Evidence of ACTUAL cooperation is required to establish conspiracy.

Difference between principal (3) and a co-conspirator

 Principal: criminal liability = limited to own acts
 Co-conspirator and a principal: own acts and companions

ARTICLE 18: ACCOMPLICES

Who are accomplices?
1. Offender must not be principals under article 17 of the RPC
2. Must not be in conspiracy with the principals
3. Quasi collective responsibility
4. Accomplice concurs in the will of the author of the crime by previous or
simultaneous acts

Requisites:
1. That there exists a community of design (Knowledge of the criminal design of the
principal)
2. That the offender performs acts previous or simultaneous to the commission of the
crime by supplying material or moral aid in the execution of the crime in an
efficacious way
3. That there is a direct relation between the acts done by the principal and those
actually committed by the accomplice

Liability of Accomplices can still be determined even in the absence of the supposed
principals. As long as the commission of the crime is duly established, the
determination of the liability of the accomplice or accessory can proceed
independently of that of the principal.

 Not principals; but cooperate in execution by PREVIOUS or

SIMULTANEOUS acts
 Also called ACCESSORIES BEFORE FACT
 Knows of the criminal design and cooperates knowingly or intentionally that
is NOT indispensable to the crime
  2 ELEMENTS
 Takes part in the execution by previous or simultaneous acts
 Intends to take part in the execution
 Mere presence -> not constitute a simultaneous act
 If there is ample evidence of criminal participation but DOUBT in nature of
liability = ACCOMPLICE

Is conspiracy necessary for the liability of an accomplice?

Conspiracy is not a requirement, since not a principal.
Participate in the execution of offense by simultaneous acts which bore relation to
the acts done by the principal sans a conspiracy.

Compare a principal and an accomplice.

 Principal by inducement:
 W/out inducement, crime would not be committed; exerting influence or
moral ascendancy
 Cooperation is indispensable
 Directs the way crime would be committed

 Accomplice inducement:
 immaterial to occurrence of the crime
 Cooperation is minor
 No part in planning

Who is a lookout?
Not part of the conspiracy; participates only after decision to commit was reached
Incurs criminal liability: AS AN ACCOMPLICE:
 Merely an instrument
 Cooperates after decision has been reached

ARTICLE 19: ACCESSORIES

Requisites:
1. Knowledge of the commission of the crime
2. Subsequent participation in it by any of the three enumerated ways

Accesories are those having knowledge of the commission of the crime

therefore what he knows is that a crime has been committed he doesn’t know anything
prior to the commission of the crime. He has nothing to do with the criminal design.
However, he knows a crime is committed and despite the fact he knows, he takes part
subsequent, therefore his participation is after the commission of the crime.

Who are accessories:

 Has knowledge of the commission of the crime
 Not participated therein
 Take part subsequent to its commission (3)
 By profiting or assisting offender to profit from effects
 By concealing or destroying the body of the crime (Corpus delicti)
or effects the instruments to prevent discovery
 By harboring, concealing or assisting in escape of principal
 PUBLIC OFFICER: any crime abusing public functions
  PRIVATE INDIVIDUALS: treason, attempt of life on Chief
Executive, murder, parricide, or known to be habitually guilty
of some other crime.

Distinguish the kinds of accessories by concealing or harboring the offender

 By harboring, concealing or assisting in escape of principal; assisting an
accomplice not included.
 PUBLIC OFFICER: any crime abusing public functions. Helping the
escape of the criminals.
 PRIVATE INDIVIDUALS: treason, attempt of life on Chief Executive,
murder, parricide, or known to be habitually guilty of some other crime.
 May be prosecuted: PD 1829 (Obstruction of Justice) not as an
ACCESSORY BUT AS A PRINCIPAL
 Penalty under PD 1829 or any other law including RPC whichever is
higher.
 Obstruction of Justice: knowingly or willfully; obstructs, impedes, frustrates
or delays the apprehension and investigation and prosecution of criminal
cases. Does not distinguish between public official or private individual

What is the “body of crime”?

 Corpus delicti: body or substance of the crime that refers to the fact that the
crime has actually been committed.
 In application: actual commission by someone of particular crime
charged.
 CORPUS DELICTI (2)
 Existence of a certain act/result -> basis of criminal charge
 Existence of criminal agency -> cause of this act or result
 ELEMENTS:
 Proof of the occurrence of event
 Some person’s criminal responsibility

How do accessories profit by the effects of the crime?

 Robbery or theft: bought, sold, possessed; he knew or should have known
 PRINCIPAL in a crime of fencing; if not charged with fencing = liable as
accessory in theft
 Brigandage: profited from the loot = liable for ABETTING BRIGANDAGE;
accomplice of brigands; should be charged in separate information otherwise
only liable as an accessory.
 Receiving property from another; guilty for profiting from effects of the
crime

ARTICLE 20: ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY

 What is the effect of some special laws on the provision of the RPC on
accessories who profit by effects of the crime?
 When will an accessory in a crime be liable as a principal in another?
  For accessories by assisting the principal to escape, who should be the
offender assisted to escape?
 Who are the accessories exempt from criminal liability?
 Offender’s spouse, ascendant, descendant, legitimate, natural and
adopted brothers and sisters or relatives by affinity within the same
degree as the foregoing enumerated relatives
 For what acts are they exempt from criminal liability?
 For concealing or destroying the body of the crime & for assisting of
escape
 Motivated by natural affection for the offender
 NOT EXEMPT: For profiting or assisting the offender to profit
 Doing so because of greed hence are liable

IF DID NOT FALL UNDER ARTICLE 19, IT WILL BE CHARGED UNDER PD

1829 OR OBSTRUCTION OF JUSTICE
PD1612 ANTI FENCING LAW

APPLIES ONLY TO ROBBERY (stealing with a use of force or intimidation) AND

THEFT (stealing one’s property)
FENCING- the act of any person who, with the intent to gain for himself or for
another, shall buy, receive, posses, keep, acquire, conceal sell or dispose of, or shall
buy and sell, or in any manner deal in any article, item, object or anything of value
which he knows, or should be known to him, to have been derived from the proceeds
of the crime of robbery or theft.

FENCE- includes any person, firm, association, corporation or partnership or other

organization who/which commits the act of fencing.

ELEMENTS:
1. A crime of robbery or theft has been committed
2. The accused, who is not a principal or accomplice in the commission of the crime
of robbery or theft, buys, receives, possess, keeps, acquires, conceals, sells or
disposes, or buys and sells, or in any manner deals in any article, item, objector
anything of value, which has been derived from the proceeds of the crime.
3. The accused knows or should have known that the said article, item, object or
anything of value, has been derived from the proceeds of the crime of robbery or theft
4. There is on the part of the accused, intent to gain for himself or for another.

PRESUMPTION OF FENCING
Mere possesion of any good, article, item, object or anything of value which has been
the subject of robbery or thievery shall be prima facie evidence of fencing.

Enacted to impose higher penalties on persons who profit by the effects of the crimes
of robbery and theft. Evidently, the accessory in the crimes of robbery and theft could
be prosecuted under the RPC or under PD1612. However, the accused ceases to
become an accessory but a principal in fencing.
WHEN AN ACCESORY IS PROSECUTED UNDER PD1612 IT IS ALREADY
CONSIDERED AS PRINCIPAL