Article 18: Accomplices

Accomplice

An accomplice is one who, not being included in Article 17 as principal, cooperate in the

execution of the offense by previous or simultaneous acts. An accomplice is also referred to as the

“accessories before the fact”.

Example (Accomplice):

Q: Ramon borrowed Jose’s gun, saying that he would use it to kill Oliver. Because Jose also

resented Oliver, he readily lent his gun, but told Ramon, to return his gun immediately. Later,

Ramon killed Oliver, but used a knife because he did not want Oliver’s neighbors to hear the

gunshot. What is the liability of Jose?

A: Jose is liable as an accomplice only because he merely cooperated in Ramon’s determination to

kill Oliver. Such cooperation is not indispensable to the killing, as in fact the killing was carried out

without the use of Jose’s gun. Neither way Jose may be regarded as a co-conspirator since he was

not a participant in the decision-making of Ramon to kill Oliver; he merely cooperated in carrying

out the plan which was already in place.

Note:

 In case of doubt, the participation of the offender will be considered that of an accomplice

rather than that of a principal.

o Saldua v. People of the Philippines, G.R. No. 210920, December 10, 2018

“x x x it was not established what petitioner’s purpose was when he stood behind Vertudez

bearing a firearm. By merely standing behind Vertudez, it cannot be ascertained whether

petitioner had prior knowledge of the criminal design of the principal perpetrator or that he was

there to give him moral support. x x x hence in this case, lacking sufficient evidence of conspiracy,

and there being doubt as to whether petitioner acted as principal or just a mere accomplice, the

doubt should be resolved in his favor and, thus, he should be held liable only as an accomplice.”

 Penalty: The accomplice gets a penalty one degree lower than that provided for the

principal in a consummated felony.

Accomplice vs. Conspirator

Accomplice Conspirator

 Know and agree to the criminal design  Know and agree to the criminal design
 Came to know of the criminal intention  Know of the criminal intention
after the principals have reached a
decision.
 Merely concur and cooperate in the  Decide to commit the crime.
commission of the crime.
 Merely the instruments who perform acts  Authors of the crime.
not essential for the perpetration of the
offense.

Accomplice - Requisites:

1. That there be community of design, that is, knowing the criminal design of the principal by

direct participation, he concurs with the latter in his purpose.

- How?

o Principal informs the accomplice of the principal’s criminal purpose.

o The accomplice saw the criminal acts of the principal.

2. There is a cooperation 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.

Example:

a. By previous acts: Lending a pistol to the murderer, knowing the latter’s criminal

purpose.

b. By simultaneous acts: The defendant held one of the hands of the victim and tried

to take away the victim’s revolver while his co-defendant as attacking him.

3. There is a relation between the acts done by the principal and the one charged as

accomplice.

Example: EJ wanted to kidnap Maria, who was playing at a park. EJ forced her to go with

him to a nearby parking lot. There, he saw Theo and Xavier in their own cars and were getting

ready to leave the parking lot. Theo, without hesitance, allowed EJ to transport Maria, the

kidnapped victim, to EJ’s place.

Theo is liable as an accomplice because his acts were not indispensable in the commission of the

crime because EJ may also use the car of Xavier to accomplish his criminal design. If Theo was the

only one at the parking lot and the accomplishment of the crime would be impossible without his

help, then Theo would be a principal by indispensable cooperation.

Jurisprudence:

1. People of the Philippines vs. Bartolome Tampus, G.R. No. 181084, June 16, 2009

“All requisites concur in order to find Ida guilty as an accomplice to Tampus in the rape of ABC.

The testimony of ABC proves that a community design between Tampus and Ida to rape ABC exists.

Ida had knowledge of and assented to Tampus’ intention to have sexual intercourse with her

daughter. X x x when ABC was already drunk, she left ABC alone with Tampus, with the knowledge

and even with her express consent to Tampus’ plan to have sexual intercourse with her daughter.”

2. Napone vs. People of the Philippines, G.R. No. 193085, November 29, 2017

“The Court Opines that Edgar witnessed his father’s assault on Salvador and was thus

knowledgeable of his criminal design. The simultaneous act of throwing a stone at Salvador was

made to assist Senior in achieving his criminal purpose. Thus, Edgar’s assent and participation to

the criminal acts of his father were sufficiently established. As Edgar’s participation was not

indispensable to the felony, he must be held liable as an accomplice to the criminal acts of Senior.

Therefore, Edgar is guilty as an accomplice to the crime of attempted homicide.”

3. Benjamin Rustia, Jr., et., al. vs. People of the Philippines, G.R. No. 208351, October 5, 2016

 In this case, Benjamin Rustia, Sr. and Faustino Rustia were charged as accomplices

to the crime of murder, qualified by treachery. Their case was appealed to the

Court of Appeals wherein their petition was granted and they were acquitted of

such conviction.

“The cooperation that the law punishes is the assistance knowingly or intentionally rendered that

cannot exist without previous cognizance of the criminal act intended to be executed. But it cannot

be said that Benjamin, Sr. and Faustino knew that Benjamin, Jr. would shoot the victim. xxx. That
they’re going to Benjamin, Jr.’s aid might have enhanced the changes of Benjamin, Jr. in gaining

control of the victim’s firearm, but such did not unavoidably mean that they had themselves

intended such outcome. Nor did they contemplate such outcome in the absence of any clear

showing that they deliberately went to his aid to ensure his seizure of the firearm from Ambrocio.

xxx”

Accomplices vs. Person by Direct Participation

ACCOMPLICE PRINCIPAL BY DIRECT PARTICIPATION
There is community of design;
Lesser responsibility; Greater responsibility;
For same offense- there must be conspiracy with
No conspiracy with PDP.
another principal.