CRIMINAL LAW PRE-FI 2.

2. They carried out their plan and personally took part in its execution by acts which
directly tended to the same end.
AGGRAVATING CIRCUMSTANCE Conspiracy
KINDS: • Participating in the criminal resolution is conspiracy.
1. Generic • Two or more persons come to an agreement concerning the commission of a
2. Speci c felony and decide to commit it.
3. Qualifying • Conspiracy not as a felony but a manner of incurring criminal liability.
4. Inherent Conspiracy presupposes unity of purpose and unity in the execution of the unlawful
objective among the accused. (Pp vs. Reyes, GR No. 178300, Mar 17, 2009.)
ELEMENTS:
1. Advantage be taken by the o ender of his public position Conspiracy may be express or implied.
2. In contempt of or with insult to public authority. Conspiracy as a mode of incurring collective criminal liability is either direct or implied (Pp
3. Disregard of Rank, Age, Sex or Dwelling of the o ender party. vs. Pepino, G.R. No. 174471, January 12, 2016)
4. Abuse of Con dence or obvious ungrateful
5. Palace Express Conspiracy
6. Nighttime, uninhabited place, by band Conspiracy proven by direct evidence is called express conspiracy but direct proof of
7. On the occasion of Con agration, shipwreck, earthquake, epidemic pr other calamity conspiracy is rarely found: for criminals do not write down their lawless plans and plots.
or misfortune
8. Aid of armed men or persons who insure or a ord impunity Implied Conspiracy
9. Recidivism Conspiracy may be established by circumstantial evidence. This is called implied conspiracy.
10. Habitually or Reiteration Implied conspiracy may be proven through collective acts of the accused, before, during and
11. In consideration of a price, reward or promise after the commission of a felony, all the accused aiming at the same object, one performing
12. By means of inundation, re, poison, explosion, stranding of a vessel or intentional one part and another performing another for the attainment of the same criminal objective.
damage thereto, derailment of locomotive, or any other arti ce involving great waste
or ruin Indicators of conspiracy
13. Evident premeditation • Spontaneous agreement;
14. Craft, Fraud and Disguise • Active cooperation;
15. Advantage be taken of superior strength or means employed to weaken the defense • Contributing positive acts;
16. Essence of Treachery • Presence during the commission of the crime by a band and lending moral
17. Ignominy support thereto;
18. Unlawful entry • Knowing the plan and accepting the role assigned and actually performing that
19. Breaking wall, roof, oor, door or window role.
20. Aid of persons under 15 or by means of motor vehicle, airships or other similar
means Where there is no conspiracy
21. Cruelty • Mere silence does not make one a conspirator. (Pp vs Gensola, September 30,
PERSONS CRIMINALLY LIABLE 1969, G.R. No. L-24491)
Article 17. Principals. • Mere companionship is not conspiracy. (Pp vs Padrones, 1990 September 13,
1. Those who take a direct part in the execution of the act; 1990, G.R. No. 85823)
2. Those who directly force or induce others to commit it; • When there is no conspiracy, each is liable for his own act.
3. Those who cooperate in the commission of the o ense by another act without which 2nd requisite. They carried out their plan and personally took part in its execution by
it would not have been accomplished. acts which directly tended to the same end.
Principal by direct participation. • He must be at the scene of the crime personally taking part in its execution.
Requisites: Actively participated.
1. That they participate in the criminal resolution; • It is su cient that the act performed directly tends to accomplish the intended
crime.

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 • Ex: holding down the victim in murder or rape; acting as a lookout/guard. De nition.
Those who directly force or induce others to commit it. • To be a principal by indispensable cooperation, one must participate in the
1. Directly forcing another to commit a crime; criminal resolution, a conspiracy or unity in criminal purpose and cooperation in
2. Directly inducing another to commit a crime. the commission of the o ense by performing another act without which it would
Requisites of a principal by induction: not have been accomplished. (People v. Dulay y Pascual, G.R. No. 193854,
1. Inducement with the intention of procuring the commission of the crime. September 24, 2012)
⁃ This means there is a clear intention to procure the commission of the crime. Three types of principals.
• In Otadora the promise of pecuniary gain (money and carabaos) and supplying • …when an accused does not fall under any of the three concepts … he may only
the gun to use in the commission of the crime. be considered guilty as an accomplice. (PP vs. CARRIAGA, G.R. No. 135029,
• In Alcontin, the promise of living together once the husband of the inducer is Sept 12, 2003)
killed. Art. 18. Accomplices.
Does not include 1. Cooperates by previous or simultaneous acts,
Thoughtless expressions; Imprudent advice; 2. Not a principal,
3. No conspiracy.
2. Inducement is the determining cause of the commission of the crime. Conspirator vs. Accomplice
⁃ Must be of such a nature that without it the crime would not have been committed. Conspirators and accomplices know and agree in the criminal design.
It must:
1. Precede the act induced, and Conspirators participate in the criminal resolution, accomplices concur in the criminal
2. In uential. design.
Requisites.
Requisites: Words of Command 1. that there be community of design;
1. Intention to procure commission of crime. 2. that he cooperates in the execution by previous or simultaneous act,
2. Inducer must have ascendancy or in uence. 3. that there be a relation between the acts done by the principal and those attributed
3. Words must be direct, so e cacious, so powerful as to amount to physical coercion. to the person charged as accomplice. (Saldua v. People, G.R. No. 210920,
4. Uttered prior to the commission of the crime. December 10, 2018)
5. Material executor has no personal reason to commit the crime. Community of design.
• “… knowing the criminal design of the principal by direct participation, he
Principal by inducement concurs with the latter in his purpose…” (Saldua.)
• …a principal by inducement requires • Knowledge of a crime di erent from that actually committed. As long as it is a
6. that the inducement be made with the intention of procuring the commission of the natural consequence of the crime intended, an accomplice is liable.
crime; and Cooperation by previous or simultaneous acts.
7. that such inducement be the determining cause of the commission by the material • By previous or simultaneous acts.
executor. (Ambagan, Jr. v. People, G.R. Nos. 204481-82, October 14, 2015.) • with the intention of supplying material or moral aid in the execution of the crime
Indispensable Cooperation. in an e cacious way; (Saldua.)
Requisites: Relation between the acts done by the principal and those attributed to the person
1. Participation in criminal resolution. charged as accomplice.
2. Cooperation in the commission of the o ense by performing another act, w/o w/c it • The act of the accomplice must have a relation with the act of the principal.
would not have been accomplished. Should not be indispensable.
• that the previous acts of cooperation by the accomplice should not be
Cooperation indispensable to the commission of the crime; (People v. Montesclaros, G.R. No.
• Cooperation – implies that there is a desire or wish in common. 181084, June 16, 2009.)
• Another act – the act must be di erent from the acts of the principal by direct Art. 19. Accessories.
participation. The act must not involve the material execution of the o ense. Knowledge in the commission of the crime, not being principals or accomplices, take
• Ex: dragging a girl to a place where she is to be raped; certifying a check to subsequent part in its commission by:
facilitate estafa. 1. Pro ting or assisting the accused to pro t;

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 2. Concealing or destroying the body of the crime or its e ects/instruments to prevent
its discovery.
3. Harboring, concealing or assisting in the escape.
Harboring, concealing or assisting in the escape of the principal.
1. Public o cer who abuses his public function (Any crime)
2. Private person (Treason, Parricide, Murder, Attempt against the life of the President,
Habitually guilty of some other crime.)
Accessories
To convict an accused as an accessory, the following elements must be proven:
(1) knowledge of the commission of the crime and (2) subsequent participation in it by any
of the three above-cited modes. (PP vs. WILFREDO TOLENTINO, G.R. No. 139179, Apr 3,
2002)

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