Degree of Criminal Participation (Article 16-20)

November 21, 2020

Article 16. Categories:

1. Principal
2. Accomplice
3. Accessory (absolutory in light felonies)
Article 17. Principals
● Principal by direct participation
a. Participated in the criminal resolution and
■ If one is part of the "cooking", even if he was absent not during the
actual execution of the crime, he is still a principal by direct
participation.
■ If criminal resolution is not given, discern on the next qualities (b-
e). If positive, qualifies spontaneous conspiracy.
b. Proceed personally take part in the perpetration of the crime
c. Performed any of the essential elements of the crime
d. Acts community of design and unity of purpose
e. Indicating conspiracy does resulting in co-responsibility.
● Principal by force
a. Irresistible force
b. Uncontrollable fear
■ Note: In case of a and b, the one who performed the act directly
may put up the defense of exempting circumstance (Art. 12)
● Principal by inducement
a. Both inducer and executer are principals and applied with the aggravating
circumstance of consideration of price, reward (Art 14 (11))
b. Inducement must be positive resolution (definite, not merely a joke) with
the most persistent effort
c. Inducement must be strongest kind of temptation
■ If not, inducer will be taken out of the equation.
■ If not, but uses the means provided by the inducer, inducer/owner
of money will be an accomplice. The money is not an indispensable
factor.
● Principal by indispensable cooperation
a. Part of the criminal resolution, although did not directly participate in the
execution but contributed, he is principal by indispensable cooperation.
b. Without the contribution of this principal, the crime cannot be committed.
c. Has knowledge of the crime and agreed.
d. ONE MEANS ONLY. DOES NOT APPLY IF COOPERATION WAS
ONLY BECAUSE OTHER OPTIONS WERE ELIMINATED. Person is
an accomplice.
● Principal by conspiracy
a. Antecedent conspiracy
■ If there is evidence beyond reasonable doubt that there was a prior
meeting of the minds before the consummation of the crime.
● One participates in a criminal resolution;
 b. Implied/spontaneous
■ If no evidence of anterior conspiracy, search for:
● Acts aimed at the same object
● Concerted and cooperative action
● Concurrence of sentiments
If these circumstances are present, there is unity of purpose.
Therefore, a conspiracy exists and responsibility is
collective.

If not present, no conspiracy, liability is individual.

Article 18. Previous or simultaneous acts

● Not by direct participation
● Did not induce or force
● Cooperation ia not indispensable
● An accomplice is merely an instrument of the conspirators.

Consideration:

Are "lookouts" principal or accomplice?

● If with participation in the resolution, knew of the criminal design geared towards
a common purpose: Regardless of contribution, YOU ARE A PRINCIPAL BY
CONSPIRACY. ERGO: COLLECTIVE LIABILITY
● Was not part of the resolution, learned of the criminal design and agreed,
Distinguish:
○ If committed an essential element of the crime: Principal.
○ If only a lookout: accomplice.

N.B.: Conspiracy is presumed in robbery by a band.

● Robbery with homicide: all of them will be charged equally.

● Robbery with rape - if one who did not participate in the rale did not stop the
others, implied consent. Liable. If one who did not participate in the rapedissented,
he is excused.

Article 19. Accessories - are participants AFTER THE FACT.

1. Those who profit themselves or assist the offender to profit (profiteers)
a. Mere safe-keeping is profiting due to the concept of "cost of money"
2. By concealing or destroying the body of the crime (concealers)
3. Harboring, concealing, assisting escape
a. Public officer
i. Acts with abuse of his public function
ii. Assisting the escape of a PRINCIPAL of any crime.
1. If assisting someone not a PRINCIPAL, ABSOLUTORY
UNDER ARTICLE 19 BUT LIABLE UNDER PD 1829
(OBSTRUCTION OF JUSTICE)

b. Private person
i. Assisted a principal who committed
 1. Treason
2. Parricide
3. Murder
4. Attempt on the life of the president
5. Habitual delinquent
Article 20. Accessories that are exempt from criminal responsibility

P.D. 1829: Obstruction of Justice

Who is liable?
● Any person who knowingly or wilfully , impedes, frustrates, or delays the
apprehension of suspects and the investigation and prosecution of criminal cases.