CRIMINAL LAW 1

October 26 & 27, Sat. & Mon.

PERSONS CRIMINALLY LIABLE FOR FELONIES

 Manners of Inducement/ Induction:
Article 16. The following are criminally liable
1) By inducement though a price, reward,
for GRAVE and LESS GRAVE FELONIES:
or promise
1. Principals
2. Accomplices
RPrincipal by RPrincipal by
Inducement Direct Participation
3. Accessories
RCriminally liable
(Aggravating
The following are criminally liable for LIGHT
Circumstance)
FELONIES:
2) By force through an uncontrollable fear
1. Principals
of equal or greater injury or irresistible
2. Accomplices
force
*********************************************
RPrincipal by RPrincipal by
Article 17. The following are considered Inducement Direct Participation
PRINCIPALS: RCriminally liable QCriminally Liable
1. Principal by Direct Participation (Exempting
— Those who take direct part in the Circumstance)
execution of the act.  Effect if the fear is controllable or
2. Principal by Inducement or Induction irrational, or if the force is resistible:
— Those who directly force or induce RPrincipal by RPrincipal by
others to commit it. Inducement Direct Participation
3. Principal by Indispensable Cooperation RCriminally liable RCriminally Liable
— Those who cooperate in the commission (Mitigating
of the offense by another act without Circumstance)
which would have been accomplished. -Incomplete exempting circumstance
 Giving advice is NOT equal to being
PRINCIPALS an inducer, however, it can translate
 In conspiracy, all who take part, cooperate, to becoming an inducer if the
assist, or participates are equally liable as induced/offender acted upon the
Principals. In other words, there is no advise.
Accomplices or Accessories if there is evident  The inducer cannot use his intention
conspiracy, only Principals whether by direct or good faith as a defense because the
participation, by inducement, or by advise lead the offender to commit the
indispensable cooperation. crime.
 There could be no Principal if there is no  Thoughtless words or utterance will
crime committed however there could be not result to a person criminally liable
accomplice or accessory. as principal of inducement. To be
 participates before or during the crime — liable it must be by reasons of mens
“participation before or during the fact” rea.

 Penalty imposable to Principal is the full  (Example) Thoughtless words out

penalty prescribed by law of an outburst of emotion:
The utterance of President Duterte that the police
A. PRINCIPAL BY DIRECT PARTICIPATION can shoot or kill drug addicts.
 Those who take direct part in the Aside from the President’s immunity from suit, his
commission of the act or felony words may indicate thoughtless utterance only.
 In case of:
Rape- the rapist himself 3) By order of a superior for unlawful
Murder- the murderer himself purpose
Robbery- the robber himself RPrincipal by RPrincipal by
Inducement Direct Participation
B. PRINCIPAL BY INDUCEMENT/ RCriminally liable RCriminally Liable
INDUCTION (NOT Justifying
 Those who directly force or induce Circumstance)
others to commit the felony -unlawful purpose

 Inducer → Principal by Inducement

Induced → Principal by Direct
Participation
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October 26 & 27, Sat. & Mon.
C. PRINCIPAL BY INDISPENSABLE
COOPERATION
 Those who cooperate in the
commission of the offense by another
act without which would have been
accomplished
 “without which would have been
accomplished” means not absolute
impossibility but will directly lead to
the commission of the crime.
Article 18. ACCOMPLICES are the persons who
are not principals, cooperate in the execution
of the offense by previous or simultaneous acts.
 An accomplice agrees to assist the commission
of the crime but nevertheless he is dispensable
(with or without him, the crime can be
accomplished).
 Cooperation of the Accomplice may take the
form of material or moral support.
 Participates before or during the crime —
“participation before or during the fact”
 Requisites for a person to be liable as
Accomplice:
1. Community of design
 Common design
 Common intention meaning the
accomplice must know the intention
of the principal
2. Cooperation by the accomplice in the
commission of the offense by the
principal
 Cooperation on:
a. the previous (before the fact) or
b. simultaneous (during the fact)
 His participation must not be
indispensable
 The person concurs or agrees to the
community of design or intention of
the principal
3. Relation between the acts of the
principal and the acts of the accomplice
 The acts of the accomplice must be
in-lined with the acts of the principal.
Article 19. ACCESSORIES — 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 or proceeds
of the crime;
 “profit” refers to direct material gain.
 Example 1
Buying a stolen cellphone:
RAccessory - if the buyer knows
Reason: The buyer profited of the effects of the
crime.
QAccessory - if the buyer does not know
(However, it is not a matter of plainly denying
knowledge because we adhere to the principle that
a buyer must know of the circumstance of the
product before buying it.
In case of 2nd hand product, if there is irregularity,
the presumption should be that it is a stolen item.)
 Example 2
Assisting the offender to sell the stolen jewelry:
RAccessory - if the one who assist knows
Reason: The person assisted the offender to profit
from the proceeds 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;
 Corpus Delicti or “body of the crime”
includes objects including the corps or
physical body of the victim, instruments,
time, place, or all other details of the
crime.
 The accessory who conceals or destroys
the corpus delicti or body of the crime can
be a principal for the crime of
Obstruction of justice.
3. By harboring (coddle), 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.
 This covers harboring, concealing, or
assisting principals only and does NOT
include accomplices.
 Elements:
A. Public officer who abuse his public
functions
“Public Officer” is anyone who possesses
governmental authority or jurisdiction
either by election or appointment.
B. Private person provided the felony
committed by the principal is either or by:
i. Treason (TAMPH)
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October 26 & 27, Sat. & Mon.
ii. Parricide
iii. Murder
iv. Attempt to kill the Chief
Executive
v. Habitual offender
 Requisites of Accessories:
 accessory must know of the crime
 accessory must not participate to the
commission of the crime otherwise he
will be either a principal or accomplice.
 accessory participates only after the crime
— “participation after the fact”
Article 20. Accessories who are exempt from
criminal liability.
 The penalties prescribed for accessories
shall not be imposed upon those who are
such with respect to their: (SADLeR)
 Spouses,
 Ascendants,
 Descendants,
 Legitimate, natural, and adopted
brothers and sisters,
 Relatives by affinity within the same
degrees
 Basic reason: “Blood is ticker than water”
 Exception:
 Accessories who themselves or
assisting the offender to profit by the
effects of the crime.
 Example: If a father concealed his offender
son and at the same time profited from
the proceeds of the crime, he will still be
liable as an accessory.
Reason: Greed not blood.
Liability of Principals in the 3 stages of
execution:
 Scenario 1 - No attempted/ frustrated of
consummated felony
 If the principal by direct participation was
not able to produce the crime, even if
there is conspiracy, ideally there will not
be any crime thus there is also no
criminal liability unless there is an
attempted or frustrated stage.
Q No crime committed
Q No criminal liability
—“even if there is conspiracy” because, generally,
conspiracy is not a crime unless it is specifically
punished by the special laws (such as conspiracy
of treason, rebellion, and sedition), it is just a
manner of incurring criminal liability.
 Scenario 2- There is attempted or frustrated
felony.
 If the principal by direct participation
committed frustrated felony (same concept
with attempted felony):
R Frustrated felony
R Principal by direct participation is
liable for frustrated felony by direct
participation.
RPrincipal by inducement and
indispensable cooperation are liable
for frustrated felony by inducement
and by indispensable cooperation
respectively.
 Scenario 3- Consummated felony
 If the principal by direct participation
committed consummated felony:
— Collective criminal responsibility or that
all are equally liable for a crime committed
by some, or one of the principals.
Acquittal or Conviction between the Principal
by Direct Participation and Principal by
Inducement, effects:
 Scenario 1- Principal by direct participation is
acquitted on grounds of:
 reasonable doubt, or
 a finding that there was no crime
was committed
Principal by Direct Part. — R Acquitted
Principal by Inducement — R Acquitted
 The liability of the principal by
inducement depends on the liability of the
principal by direct participation. The
principal by inducement will only be liable
if the the principal by direct participation
actually executes the crime either
consummated, attempted or frustrated.
Thus, if there was no crime committed or
that there was reasonable doubt then
there is no more basis of liability of the
principal by inducement.
 Scenario 2- Principal by direct participation is
acquitted on grounds of exempting
circumstances:
Principal by Direct Part. — R Acquitted
Principal by Inducement — R Convicted
 In exempting circumstances, there is a
crime committed which is why there is
still civil liability
***Note also: In justifying circumstances, there
is no crime committed which is why there
is no civil liability.
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October 26 & 27, Sat. & Mon.
conspiracy while Individual Criminal
 Scenario 3- Principal by inducement is Responsibility applies to individuals who
acquitted on grounds of: commit crimes by themselves and other
than conspiracy.
a) Reasonable Doubt
 All are equally liable in the same manner
Principal by Inducement — R Acquitted
and in the same extent.
Principal by Direct Part. — Maybe acquitted
b) a finding that there was no crime “same manner” — (example) if one is found
committed liable for theft then every co-conspirator is
liable for theft.
Principal by Inducement — R Acquitted
Principal by Direct Part. — R Acquitted
“same extent” — everyone is treated as
c) Excempting Circumstance principals.
Principal by Inducement — R Acquitted
 Quasi-Collective Criminal Responsibility
Principal by Direct Part. — R Convicted
 With respect to principal, accomplice, and
 Scenario 4- Principal by direct participation the accessory, more than one person will
acted differently upon the inducement: be criminally liable. There are different
criminal liabilities distributed among them
— There is conspiracy thus it is a
therefore they will be criminally liable not
Collective criminal responsibility or that all
in the same manner and not in the same
are equally liable for a crime actually
extent.
committed. Act of one is act of all.
— In conspiracy, the actual crime committed may  In conspiracy, spontaneous desistance of the
go lesser or beyond what was agreed. co-conspirator before or during the execution
of the crime, eliminates the liability as a
CONSPIRACY principal. Or in any other case where while the
crime is being committed, the one who
 In able to determine and distinguish Principal,
prevents his fellow conspirators to
Accomplice, or Accessory, it is essential that
consummate the crime, is free from the
there must be no Conspiracy.
burden of conspiracy.
 If there is conspiracy, determine whether it
is implied or expressed conspiracy.
A. Expressed Conspiracy
— two or more came together to an agreement on
certain commission of a crime and decide to
commit it.
B. Implied Conspiracy
— determined based on the facts of the case if
there is:
a) Unity of purpose
b) Unity of action
— not necessarily that there is agreement
 Examples:
One person started to commit a crime and started
the execution and all others joined in.
 Implied conspiracy because even
though there was no agreement,
there were:
R unity in purpose
R unity of purpose
— in implied conspiracy, there could be no
aggravating circumstance on grounds of evident
premeditation because there was no agreement or
planning or that it was only by chance.

 Collective Criminal Responsibility

 Applies to those who are guilty of