WHO ARE CRIMINALLY LIABLE

Criminally liable for grave/less grave felonies prinipals!

aomplies! aessories
Lig"# felonies prinipals! aomplies
Only aessories are e$emp# from rim% Liable in lig"# felonies
regar&less of '"a#ever rime #"a# is a lig"# felony i# is agains#
persons or proper#y%
(RINCI(AL)
*%+ire# par#iipa#ion - direct part in execution of the act and
participated on its resolution (conspiracy)
,%in&-emen# (induction) directly take or induce others to commit
it
.%in&ispensable oopera#ion cooperate in the commission by
another act w/o which it would not have been accomplished.
(RINCI(AL BY +IREC/ (AR/ICI(A/ION if #"ere is no
prinipal by &ire# par#iipa#ion! #"en #"ere is no prinipal by
in&-emen# 0 in&ispensable oopera#ion
1.A !A"#$%$!A#&' $( %"$). "&*+,#$+(
-./0 pm 12$& 'ino 3 "affy were walkin4 alon4 !adre 5aura6 *
3 7 hit them with a rock in8urin4 'ino."affy approached 'ino6 but
suddenly 9obby6 *teve 3 76 ' 3 ( surrounded 'ino.
9obby stabbed 'ino 6 7 3 ' kept on hittin4 'ino 3 "affy w/rocks
$s there conspiracy: ;es - there is a presumption of conspiracy
since it is very hard to say that there is none. 9ut sometimes it can
be proven that they do not know each other.
A has an enemy. 9 is also the enemy of <. A decided to maul <. 9
8oin the other and decided to kill <. one day6 both of them actin4
independently6 started lookin4 for <. A saw <6 immediately
approached him 3 started to hit him. At that precise moment6 9
arrived and stabbed <. < died.(o conspiracy
I1 * WEN/ BEYON+ /HE A2REEMEN/ 0 COMMI//E+
ANO/HER CRIME NO/ CON/EM(LA/E+ IN
CON)(IRACY /HE O/HER ARE AL)O LIABLE I1
/HERE I) A )(ECI1IC (RO3I)ION IN /HE (ENAL CO+E
+EALIN2 WI/H /HA/ 4IN+ O1 )I/5A/ION%
66Or '"en #"e a#s &one o-#si&e #"e on#empla#ion of o6
onspira#ors are neessary 0 logial onse7-ene of #"e
in#en&e& rime%
A6 96 % and ' conspired to commit robbery. At the point of a 4un
they arrested < of his belon4in4s 3 then6 A attacked x and killed
him. #his is robbery w/ homicideArt =-> states that all of them are
liable for any assault committed that he tried to prevent it.
=-> applies only to robbery w/ homicide 3 committed by a band.
*o if there are only / persons6 this will not apply.
A6 96 3 % conspired to in8ured <. in the course of maulin4 <6 9
killed <. contemplated victim is < 3 the one who was killed was
< (same victim.$n crimes a4ainst persons6 when victim is killed6
the physical in8uries are absorbed
A6 96 % conspired to kill <. but in the course of killin4 <6 9 also
killed ;----- only 9 is liable since = crime6= victims. $t cannot be
said that killin4 of < is absorbed in killin4 of ;
=.!&"*+(A; %A""$&' +,# #2& "&*+,#$+( 9;
!&"5+")$(? A%# 1/% #&(' #+ A%%+)!$*2 #2&
+97&%#$@&
All must be present6 if 1 conspirator is absent6 then such is not
liable6 but if present in plannin4 only6 he is 4uilty of conspiracy
to commit felony w/c is not punishable.
A.9.% 3' conspired to murder <. #hen6 while crime was in
pro4ress 6 9 left .$s 9 liable: ;esAthere was no lon4er a
conspiracy to be repudiated since 9 had already participated in it.
(RINCI(AL BY IN+5CEMEN/6 by &ire#ly foring #"e (+(
#o ommi# #"e rime ! by in&-ing (+( #o ommi# a rime%
1.) $nducement was made w/ intention of procurin46 meanin4 !9$
is serious 6 he was really interested in committin4 the crime6 he
was not 8okin4.
=.) 1/o such inducement 6 the !'! would not have committed
the crime.
--words of inducement must be offered !"$+" to commission of
crime
--!'! must have no other reason to commit the crime on his own6
the inducememt is the only determinin4 factor.
#here was a Buarrel bet A39. At that moment6 < arrived
and shouted C!atayin mo na yan siyaDDDE. A killed 9. < who
uttered the shout is not a !9$ since A was really 4oin4 to stab
9 as there was a personal reason on the part of A.
(RINCI(AL BY IN+I)(EN)ABLE COO(ERA/ION8#"e
oopera#ion is no# #"e e$e-#ion of rime b-# ano#"er a#
o#"er #"an #"e e$e-#ion of #"e rime '/o '/ #"e rime
'o-l& no# "ave been ommi##e&%
1hat binds them is an a4reement (conspiracy)6 like when A needs
9 to for4e the si4nature6 so that he (A) could steal from the bank
since 9 is the teller.

ACCOM(LICE)
!ersons who not bein4 included in Art.1F cooperate in execution of
offense by previo-s or sim-l#aneo-s a#s. +ne can cooperate
even w/o a4reement6not bein4 in conspiracy but knowin4 the
criminal intent and latter a4ree6 so latter becomes an accomplice.
E$9)IM5L/ANEO5) AC/)
< is a taxi driver6 +ne ni4ht A39 hired < to take a ride. #hen <
overheard A39Gs conversation that latter were 4oin4 to commit
robbery. 1hen they reach destination6 A39 asked < to wait for
/0 minutes C1e are 8ust 4oin4 to the house and rob somebodyE.
--- A39 did not ask < to 8oin. (o a4reement6 but knowin4 about
their intent to rob6 < stayed. *o < is liable as accomplice.
--- 9ut if 9 told < C!are6 we are 4oin4 to rob house6 you will be
our driverE then < is not anymore an accomplice but is now
considered as a principal since there exist now a conspiracy.
E$%(RE3IO5) AC/)
9 approaches < C< may baril ka ba:E6 < reply C)eron6 bakit:E 9.
C!wede ko hiramin6 babarilin ko lan4 si AlexE *o < lent 9 the
weapon and 9 killed Alex.
< is an accomplice since < cooperated w/ 9 by lendin4 him the
4un6 < cooperated by a previous act.
Accomplice is also liable for some crime committed by principal
althou4h penalty is a little bit lower since in conspiracy6 act of
one is act of all (COLLEC/I3E LIABILI/Y).
+ther examples.
A do not know 9. A wanted to in8ure <6 9 wanted to kill <. 1hen
A saw <6 he started to punch < then 9 entered and stabbed <. A is
liable for physical in8uries (2ow can A concur with 9 whom A had
no in the first place6 intention to kill <) and 9 is liable for
!'!.#his is known as an IN+I3I+5AL AC/ 6 thereby there are =
crimes bein4 committed6each to his own.
A wanted to in8ure <. A do not know 9. 1hen 9 saw <6 9 started
stabbin4 <. A arrived and said to 9 C$Gll 8oin youE.A attacked < w/
his fist . 9 is liable for homicide as !'! and A is liable for
homicide as accomplice. 1hen A saw 9 stabbin4 <6 he 8oined the
*$),#A(&+,* A%# of assaultin4 <6 A concurred w/o any
conspiracy. #his is known as :5A)I6COLLEC/I3E
LIABILI/Y%
1hen we say %+&%#$@& 6 the act of 1 is the act of all. $n
H,A*$-%+&%#$@&6 the other party merely 8oined in the
simultaneous act of the other makin4 him an accomplice.
ACCE))ORIE)
1.) 2e has knowled4e of the commission of crime
=.) 9ut he did not participate as principal or accomplice
/.) 9ut he took part subseBuent to the commission of a
crme throu4h the followin4.
a.) by profitin4 himself or assistin4 the offender to profit
by the effects of the crime (liable under 5encin4 law)
b.) in order to prevent its discovery6 the accessory
concealed or destroyed the body of the crime or the
effects or instruments thereof ( liable also under the
5encin4 law)
c.) harborin4 6concealin4 or assistin4 in the escape of the
principal (can be convicted even bI the principal is
even convicted) by either that accessory acts w/ abuse
of public functions or whenever the author (principal)
is 4uiltly of #"&A*+(6 !A""$%$'&6 ),"'&"6
A##&)!# #+ #AJ& $5& +5 %2$&5 &<&%,#$@&
or 2A9$#,A; ?,$#; +5 *+)& +#2&"
%"$)&.
#he Accessory is &xempt from %riminal liability whenever.
1.) !rincipal is the spouse 6ascendant 6 descendant6
le4itimate 6natural or adopted brothers and sisters6 or
relative by affinity
=.) Accessory concealed or destroyed body or effects of
crime or harbors 6conceals 6 or assisted in escape of
principal (those mentioned in K1) of the crime
/.) And did not accept profit or assist principal to profit by
effects of the crime.
1ENCIN2 ;(+ *<*,=9
Act of any person6who6with intent to 4ain for himself
buy6receives or possess any article which he knows 6or would be
known to him 6to have been stolen.
$n 5encin46 the person is punished as principal and not as an
accessory (before fencin46 the person is punished only as
accessory.)
#here is presumption that )&"& !+**&**$+( of stolen article
shall be prima facie evidence of fencin4. #his can be rebutted by
imposin4 that the person do not know or could have known that
such property is stolen.