CRIMINAL LAW 1

Art. 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.

Reason: In the commission of light felonies, the social wrong as well as the individual prejudice is so
small that penal sanction is deemed not necessary for accessories .

Rules relative to light felonies:

1. Light felonies are punishable only when they have been consummated. (Art. 7)

2. But when light felonies are committed against persons or property, they are punishable even if they
are only in the attempted or frustrated stage of execution. (Art. 7)

3. Only principals and accomplices are liable for light felonies. (Art. 16)

4. Accessories are not liable for light felonies, even if they are committed against persons or property.
(Art. 16)

Only NATURAL PERSONS can be the OFFENDER. Juridical persons cannot because for being an artificial
person, it cannot be prosecuted criminally. Its officers acting beyond its duty is personally and criminally
liable.

Except: Juridical persons are criminally liable under certain special laws, BUT NOT THE RPC. Example,
partnership.

ACTIVE subject – offender

PASSIVE subject – injured.

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

1 . Those who take a direct part in the execution of the act; (DIRECT PARTICIPATION)

2 . Those who directly force or induce others to commit it. (INDUCEMENT)

3 . Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished. (INDESPENSABLE COOPERATION)

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A. Direct participation - personally takes part in the execution of the act constituting the crime.
(personally took part in the execution. Yung direkta na nandun sa pagcommit ng crime).

REQUISITES: 1. That they participated in the criminal resolution;

2. That they carried out their plan and personally took part in its execution by acts which
directly tended to the same end. (if this element is lacking, CONSPIRACY ONLY).
Conspiracy

A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. (Kapag walang conspiracy, they are liable only to their own acts)

NO CONSPIRACY

 Silence does not make one a conspirator.

 Conspiracy transcends companionship.

 Formal agreement is not necessary.

EXISTENCE OF CONSPIRACY - The existence of conspiracy does not require necessarily an agreement for
an appreciable length of time prior to the execution of its purpose, since from the legal viewpoint,
conspiracy exists if, at the time of the commission of the offense, the accused had the same purpose and
were united in its execution. Conspiracy arises on the very instant the plotters agree, expressly or
impliedly, to commit the felony and forthwith decide to pursue it.

PROOF OF CONSPIRACY: 1. Extrajudicial confession of one of the accused against his co-accused.

2. Corroborative statements of the accused

To establish conspiracy, it is not essential that there be proofs as to the previous agreement and
decision to commit the crime, it being sufficient that the malefactors shall have acted in concert
pursuant to the same objective.

Conspiracy shown by circumstances. – even if A has no plan to kill C, but B said to A to just go with him
to kill C. By mere agreement of A to accompany B is conspiracy by circumstance.

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Conspiracy discussion:

 A conspirator is not liable for another's crime which is not an object of the conspiracy or which
is not a necessary and logical consequence thereof. – Example, a hukbalahap group and one of
its members robbed the house of jewels etc which is not part of the objective shall be
exclusively liable to his acts only, as it was not part of the plan.

 A person in conspiracy with others, who had desisted before the crime was committed by the
others, is not criminally liable.

 When there is conspiracy, it is not necessary to ascertain the specific act of each conspirator . –
act of one is an act of all. A B C robbed a house. C fired a warning shot and did not know that it
hit D and died at the second fl, A B are also liable for the acts of C.

 When there is conspiracy, the fact that an element of the offense is not present as regards one
of the conspirators is immaterial.

 In multiple rape, each rapist is equally liable for the other rapes.

 There could be no conspiracy to commit an offense through negligence.

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B. INDUCEMENT - Those who directly force or induce others to commit it (yung nagplano or nag induce
to commit a crime. May promise na ibibigay or through command, through irresistible force or
instilling uncontrollable fear.)

 By giving price, or offering reward or promise.

 By using words of command.

Requisites: 1. That the inducement be made directly with the intention of procuring the commission
of the crime; (explanation: with a pecuniary promise – kapag may bigay kahit ano).

2. That such inducement be the determining cause of the commission of the crime by
the material executor. (explanation: without such inducement the crime would not have
been committed.)

Two ways of becoming principal by induction.

 by directly forcing another to commit a crime, and
 by directly inducing another to commit a crime.

By directly forcing another to commit a crime

 By using irresistible force.
 By causing uncontrollable fear.

To constitute inducement, there must exist on the part of the inducer the most positive resolution and
the most persistent effort to secure the commission of the crime, together with the presentation to the
person induced of the very strongest kind of temptation to commit the crime.

A thoughtless expression or act, without any expectation or intention that it would produce the result,
is not an inducement to commit a crime.

An advice is not inducement, UNLESS to influence to commit a crime.

C. PRINCIPALS BY INDISPENSABLE COOPERATION - Those who cooperate in the commission of the

offense by another act without which it would not have been accomplished (without his
indispensable help, hindi ma execute ang crime). IF ABSENT ITO NA REQUISITE, ACCOMPLICE SIYA.

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;
and
2. Cooperation in the commission of the offense by performing another act.

As in Par. 1 of Art. 17, this co-delinquency in paragraph 3 also requires participation in the criminal
resolution, that is, there must be conspiracy. But concurrence with the principal by direct participation
in the purpose of the latter is sufficient, because the cooperation is indispensable to the
accomplishment of the commission of the offense. (enough na ang concurrence kasi ang holding water
is INDISPENSABLE ba yung role niya sa pag accomplish ng crime? If it is a YES, then he is liable. Same is
TRUE kapag documents kahit na NEGLIGENCE lang.)

Collective criminal responsibility. There is collective criminal responsibility when the offenders are
criminally liable in the same manner and to the same extent. The penalty to be imposed must be the
same for all. Principals by direct participation have collective criminal responsibility. Principal by
induction, except that who directly forced another to commit a crime , and principal by direct
participation have collective criminal responsibility. Principal by indispensable cooperation has collective
criminal responsibility with the principal by direct participation.

There is also an individual criminal responsibility – self explanatory.

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Art. 18. Accomplices. — Accomplices are the persons who, not being included in Article 17, cooperate in
the execution of the offense by previous or simultaneous acts. (basta walang conspiracy ay accomplice
agad, in relation to principal by indispensable cooperation)

Requisites:
1. There must be a principal by direct participation. But the principal originates the criminal
design. The accomplice merely concurs with the principal in his criminal purpose. (sa first
requisite na ang simplest explanation is that the cooperation which the law punishes is the
assistance which is knowingly or intentionally given and which is not possible without
previous knowledge of the criminal purpose.) (Nakaka acquire ng knowledge kasi ininform
siya. Pwede din na wala siyang alam sa criminal design pero nagconcur siya sa end goal na
gagawin. If HE KNOWS the design, then he is principally liable as CONSPIRATOR)

2. Like the principal by cooperation under par. 3 of Art. 17, the accomplice cooperates with the
principal by direct participation. But the cooperation of an accomplice is only necessary, not
indispensable. (

GENERALLY, lahat ng principal (direct inducement indispensable) ay equal ang penalty, pero may
tinatawag na QUASI-COLLECTIVE CRIMINAL LIABILITY that means, may principal actors at accomplices as
offenders of the crime. Example, may isang crime na na-commit, may naparusahan na principal at yung
ibang kasamahan niya is accomplice lang.

Distinction between accomplice and conspirator:

Common element: they know and agree with the criminal design

CONSPIRATOR
 know the criminal intention because they  come to know about it after the principals have
themselves have decided upon such course of
action
 decide that a crime should be committed
 the authors of a crime
ACCOMPLICE
reached the decision, and only then do they
agree to cooperate in its execution
 accomplices merely concur in it
 do not decide whether the crime should be
committed
 they merely assent to the plan and cooperate in
its accomplishment
 merely instruments who perform acts not
essential to the perpetration of the offense

Isa kang accomplice kung:

 Being present and giving moral support when a crime is being committed will make a person
responsible only as accomplice in the crime committed.

 The moral aid may be through advice, encouragement or agreement.

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Distinction between principal vs accomplice:

PRINCIPAL in general ACCOMPLICE

 Directly taking part in committing the crime,  An accomplice is one who does not take a
force or induce, cooperate/indisepensable. direct part in the commission of the act, who
does not force or induce others to commit it, or
who does not cooperate in the commission of
the crime by another act without which it would
not have been accomplished.

PRINCIPAL by cooperation ACCOMPLICE

 Indispensable cooperation  The participation of the offender in a case of
complicity, although necessary, is not
indispensable as in the case of a co-principal by
cooperation

PRINCIPAL by direct participation ACCOMPLICE

Common:
1. there is a community of criminal design
2. no clear-cut distinction between the acts of the accomplice and those of the principal by direct
participation
 conspiracy  no conspiracy

Art. 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; (ANG NUMBER 1 AT ITONG NUMBER 2, AY EXEMPTED SA CRIMINAL LIABLITY AS
ACCESSORY IF RELATED BY BLOOD)
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 guilt y o f
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.

An accessory does not participate in the criminal design, nor cooperate in the commission of the felony,
but, with knowledge of the commission of the crime, he subsequently takes part in three ways:
(a) by profiting from the effects of the crime;
(b) by concealing the body, effects or instruments of the crime in order to prevent its discovery; and
(c) by assisting in the escape or concealment of the principal of the crime, provided he acts with
abuse of his public functions or the principal 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.

Apprehension and conviction of the principal is not necessary for the accessory to be held
criminally liable.

Even if the principal is still unknown or at large, the accessory may be held responsible provided the
requisites prescribed by law for the existence of the crime are present and that someone committed it.

 When the alleged principal is acquitted, may the accessory be convicted? – if it is established,
accessory may be convicted.
 But when the principal is not yet apprehended, the accessory may be prosecuted and
convicted.
 Can there be an accessory even after the principal was convicted?

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Reasoning in the Barlam case refuted.

As far as the accused who actually stands trial and is found guilty as accessory is concerned, he is given a
full hearing. Whether the principal is brought to court or is at-large, the prosecution has to prove the
commission of the crime charged, with the same quantum of evidence, and the participation in it of all
the persons named in the information. The accessory is accorded the opportunity to refute the evidence
of the prosecution establishing the crime and the participation of the alleged principal. Upon the
evidence adduced by both parties and for purposes of conviction of the accessory, the court can make a
finding as to whether the crime charged has been established and the other accused is the principal
thereof, without pronouncing judgment on him.

ANTI-FENCING LAW OF 1979

a. "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other 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.
b. "Fence" includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing.

ACCESSORY DISTINGUISHED FROM PRINCIPAL AND FROM ACCOMPLICE.

 The accessory does not take direct part or cooperate in, or induce, the commission of the crime.
 The accessory does not cooperate in the commission of the offense by acts either prior thereto
or simultaneous therewith.
 The participation of the accessory in all cases always takes place after the commission of the
crime.

Art. 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 spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the provisions of paragraph 1 of the next
preceding article.

Reason: The exemption provided for in this article is based on the ties of blood and the preservation of
the cleanliness of one's name, which compels one to conceal crimes committed by relatives so near as
those mentioned in this article.

Principals related to accessories exempt from criminal liability.

An accessory is exempt from criminal liability, when the principal is his —
(1) spouse, or
(2) ascendant, or
(3) descendant, or
(4) legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

NOTE!!

 Nephew or niece not included among such relatives.

 Accessory is not exempt from criminal liability even if the principal is related to him, if such
accessory
(1) profited by the effects of the crime, or
(2) assisted the offender to profit by the effects of the crime.
 TIES OF BLOOD IS STRONGER THAN A CALL OF DUTY – Kapag isang officer pinatakas kapatid niya,
hindi siya liable as accessory.