Jonathan G.

Enriquez
R-1
Criminal Law Review
Classwork No. 4
Reaction Paper

What I have learned from last week’s review was about persons criminally liable,
under Art. 16 of the RPC.

ARTICLE 16. Who are Criminally Liable. — The following are criminally liable for grave
and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.

Who are Principals? As stated in Art. 17 of the RPC they are the FF:

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

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.

Paragraph 1 – Principals by direct participation

Requisites:
1. That they participated in the criminal resolution; and (conspiracy
2. That they carried out their plan and personally took part in its execution by acts which
directly tended to the same end.

It must be noted that if the second element is missing, those who did not participate
in the commission of the acts of execution cannot be held criminally liable, unless the crime
agreed to be committed is treason, sedition, coup d’ etat or rebellion
 The meaning of “personally took part in its execution” is that the principal by direct
participation must be at the scene of the commission of the crime, personally taking part in
its execution, further, Under conspiracy, although he was not present in the scene of the
crime, he is equally liable as a principal by direct participation.

Ex: One serving as guard pursuant to the conspiracy is a principal by direct participation.

How conspiracy is established;

It is proven by overt act beyond reasonable doubt; Mere knowledge or approval is
insufficient; It is not necessary that there be formal agreement; Conspiracy is implied when
the accused had a common purpose and were united in execution; Unity of purpose and
intention in the commission of the crime may be shown in the following cases:
A. Spontaneous agreement at the moment of the commission of the crime
B. Active cooperation by all the offenders in the perpetration of the crime
C. Contribution by positive acts to the realization of a common criminal intent
D. Presence during the commission of the crime by a band and lending moral support
thereto.

While conspiracy may be implied from the circumstances attending the commission
of the crime, it is nevertheless a rule that conspiracy must be established by positive and
conclusive evidence.

Conspirator is not liable for the crimes of the others which are not the object of the
conspiracy nor are logical or necessary consequences thereof

Regarding multiple rape – each rapist is liable for another’s crime because each cooperated
in the commission of the rapes perpetrated by the others

EXCEPTION: in the crime of murder w/ treachery – all the offenders must at least know that
there will be treachery in executing the crime or cooperate therein.
 No such thing as conspiracy to commit an offense through negligence. However,
special laws may make one a co-principal.

Conspiracy is negated by the acquittal of co-defendant.

Those who are liable:
1. Materially execute the crime
2. Appear at the scene of the crime
3. Perform acts necessary in the commission of the offense

Why one who does not appear at the scene of the crime is not liable:
1. His non-appearance is deemed desistance which is favored and encouraged;
2. Conspiracy is generally not a crime unless the law specifically provides a penalty
therefor.
3. There is no basis for criminal liability because there is no criminal participation.

Art.17 Par 2. Principal By Induction

Requisites:
1. That the inducement be made directly with the intention of procuring the
commission of the crime; and
2. That such inducement be the determining cause of the commission of the crime
by the material executor.

There are Two Ways Of Becoming Principal By Induction:

1. By directly forcing another to commit a crime by :

a) Using irresistible force.
b) Causing uncontrollable fear.

2. By directly inducing another to commit a crime by –

a) Giving of price, or offering of reward or promise.
b) Using words of command The person who used the words of command is a
principal by inducement while the person who committed the crime because of the
words of command is a principal by direct participation. There is also collective
criminal responsibility.
Art.17 Par. 3 – Principal by indispensable cooperation

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, without
which it would not have been accomplished.

The essence of being a principal by indispensable cooperation is that the focus is not
just on participation but on the importance of participation in committing the crime, next the
basis is the importance of the cooperation to the consummation of the crime, then if the
crime could hardly be committed without such cooperation, then such cooperation would
bring about a principal, and finally if the cooperation merely facilitated or hastened the
consummation of the crime, this would make the cooperator merely an accomplice.
However, in case of doubt, favor the lesser penalty or liability. Apply the doctrine of pro reo.