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Module 10: Persons Criminally liable for felonies

Module 10: Persons Criminally Liable for Felonies

Welcome Notes:

Welcome Criminology Students!

I. INTRODUCTION:

In the current Philippine laws, persons who committed a crime are being classified into principals,
accomplices and accessories. The reasons for this is that, it would be easier to determine the extent of
criminal liability depending on the extent of participation the offender has done in committing a crime.
Moreover, it would draw a clear distinction among principals, accomplices and accessories to the crime and
the respective penalty imposable for each offender.

II. OBJECTIVES:

At the end of this module, you should be able to:

1. Identify persons criminally liable for felonies.
2. Determine the different classification of principals to the crime.
3. Recognize the significance of conspiracy insofar as persons criminally liable for felonies are
concerned.
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Module 10: Persons Criminally liable for felonies

III. PRELIMINARY ACTIVITIES:

Before you proceed to the main lesson, complete his activity.

Source: https://www.youtube.com/watch?v=S4Gt-jnBrNw

Read the Summary of the video: RPC (Act 3815 Book 1) Title 2 Persons Criminally Liable for Felonies

Persons criminally liable for felonies are those who have participated in the commission of felonies
classified into principals, accomplices, accessories. Principals are further classified into principal by direct
participation, principal by inducement and principal by indispensable cooperation. Accessories to the crime,
however, are generally not liable for light felonies unless they involve crimes against persons or property.
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Module 10: Persons Criminally liable for felonies

GREAT!!!

You may now proceed to the main lesson.

IV. LESSON PROPER

LET’S BEGIN!

Based on the preliminary activities, what did you notice about it?

________________________________________________________

CONGRATULATIONS!

PERSONS CRIMINALLY LIABLE FOR FELONIES

The following are criminally liable for “grave and less grave felonies” (Art. 16, RPC):
1. Principals
2. Accomplices
3. Accessories

For “light felonies,” the following are criminally liable

1. Principals
2. Accomplices

“The classification under Article 16 xxx, is true only under the RPC and is not used under special laws
because the penalties under the latter are never graduated. The term ‘principal’ is not used when the crime
is a violation of a special law; ‘offender’ is used instead.” (Apostol, Essentials of Criminal Law [2008
Revised Edition], p. 125)

In light felonies, accessories are not liable. (Reason: The social wrong in the commission of light felonies is
so small that makes penal sanction unnecessary.)

NOTE: Only natural persons can be the active subject of crime because of the highly personal nature of the
criminal responsibility. However, under certain special laws, juridical persons are criminally liable. Under
the Corporation Law, Public Service Law, Securities Law and the Election Code, corporations may be fined
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Module 10: Persons Criminally liable for felonies

for certain violations of their provisions.

A Juridical Person is a being of legal existence, susceptible of rights and obligations, or of being the subject
of juridical relations. (Moreno, Philippine Law Dictionary [Third Edition], p, 514, citing Roldan v. Philippine
Veterans Board, 105 Phil. 1084) Examples of juridical persons are corporations, partnership, corporation
sole, testate or intestate estate. (Borromeo v. Pogoy, L-63277, November 29, 1983, 126 SCRA 221).

“There are instances where the law specifies the officers who shall be criminally responsible for acts done
in behalf of the corporation and are violative of that law. Thus, under P.D. 1612 (Anti-Fencing Law), if the
fence is a partnership, firm, corporation or association, the one liable is the president, manager or officer
thereof who knows or should have known that the items were stolen goods. Under B.P. 22 (Bouncing
Checks Law)/, the person who signed the bouncing check in behalf of the juridical person which is the
drawer thereof shall be criminally liable.” (Regalado, Criminal Law Conspectus [First Edition], p. 108)

Principal
Under Art. 17 of the RPC, the following are considered principals: (1) Those who take a direct part
in the execution of the act (“Principal by direct participation”); (2) Those who directly force or induce others
to commit it (“Principal by induction”)’ and (3) Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished (“Principal by indispensable cooperation”).

In People v. Lao (No. L-10473, January 28, 1961), it was held that a common-law wife who
induced the killing of another common-law wife of her husband by giving money to the killer is a principal by
induction, while the killer is principal by direct participation.

NOTE: To be liable as principals, the offender must fall under any of the three concepts defined in
Article 17.

Accomplices
Accomplices are those persons who, not being a principal under principal under Article 17,
cooperate in the execution of the offense by previous or simultaneous acts. (Art. 18, RPC)

Accomplice and Conspirator, Distinguished –

Conspirators are the authors of a crime. Accomplices are merely instruments who perform acts not
essential to the perpetuation of the offense. (People v. de Vera, G.R. No. 128966, August 8, 1999)

Conspiracy
Under Art. 8 (par. 2), conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. Note that the conspiracy contemplated in
the first requisite is not a felony, but only a manner of incurring criminal liability.
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Module 10: Persons Criminally liable for felonies

The agreement may be deduced from the manner in which the offense was committed. (People v.
Amazon, G.R. Nos. 136251, 138606 and 138607, January 16, 2001)

If conspiracy is proved, all conspirators are criminally liable for the crime charged and proved. The
act of one is the act of all. (People v. Bulan, G.R. No. 143404, June 8, 2005, 459 SCRA 550)

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. (People v.
Ancheta and del Rosario, 66 Phil. 638)

Accessories
Under Art. 19 of the RPC, 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;
3. By harboring, concealing, or assisting in the escape of the principals 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.

However, certain accessories are exempt from criminal liability (Art. 20, RPC) – 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 exception of accessories falling under
paragraph 1 of Art. 19.

The reason for the exemption is obvious. It is based on 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 Article 20. (People v. Mariano, G.R. No. 134847, December 6, 2000, 347 SCRA 109)

NOTE: In US v. Yacat (1 Phil. 443), for refusing to prosecute the crime of homicide and to make an
investigation of the same serious occurrence (and thus making it possible for the principal offender to
escape), the municipal president was found guilty as accessory.

Corpus Delicti
Proof of corpus delicti is indispensable in prosecution for felonies and offenses. (People v.
Quimzon, G.R. No. 133541, April 14, 2004, 427 SCRA 261). It means the actual commission by someone
of the particular crime charged. (People v. Obedo, G.R. No. 123054, June 10, 2003, 403 SCRA 431)
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Module 10: Persons Criminally liable for felonies

Corpus delicti is the fact of the commission of the crime that may be proved by the testimonies of
eyewitnesses. In its legal sense, it does not necessarily refer to the body of the person murdered. (See
Rieta v. People, G.R. No. 147817, August 12, 2004, 436 SCRA 273).

It literally means “the body or substance of the crime.” But applied to a particular offense, it means
the actual commission by someone of the particular crime charged. (People v. Mones, 58 Phil. 46).

We had just finished the discussion on Persons Criminally Liable

for Felonies. Let’s move on to the next higher level of activity/ies or
exercise/s that demonstrate your potential skills/knowledge of what you
have learned.
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Module 10: Persons Criminally liable for felonies

V. ANALYSIS, APPLICATION AND EXPLORATION

Name: __________________________________ Course & Section: __________________

ACTIVITY 1

Directions: Match Column A with its characteristic in Column B.

COLUMN A COLUMN B

1. Accessories A. Those persons who, not being a principal under

principal under Article 17, cooperate in the
2. Conspiracy execution of the offense by previous or
simultaneous acts.
3. Accomplices B. This means the actual commission by someone
of the particular crime charged.
4. Positive and conclusive evidence C. Those who, having knowledge of the
commission of the crime, and without having
5. Corpus delicti participated therein, either as principals or
accomplices, take part subsequent to its
commission
D. This exists when two or more persons come to
an agreement concerning the commission of a
felony and decide to commit it.
E. It is the quantum of evidence necessary to
establish conspiracy.
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Module 10: Persons Criminally liable for felonies

ACTIVITY 2

Direction: Identify the following. Choose your answer at the box provided below.

1. This refers to those who cooperate in the commission of the offense by another act without which it
would not have been accomplished.
_________________________________________________________________________________
2. This refers to those who take a direct part in the execution of the act.
_________________________________________________________________________________

3. This refers to those who directly force or induce others to commit it.
_________________________________________________________________________________

4. This refers to a being of legal existence, susceptible of rights and obligations, or of being the subject of
juridical relations.
_________________________________________________________________________________

5. These can be the active subjects of crime because of the highly personal nature of the criminal
responsibility.
_________________________________________________________________________________

Choices in Activity 2:

 Principal by induction
 Natural persons
 Juridical person
 Principal by direct participation
 Principal by indispensable cooperation
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Module 10: Persons Criminally liable for felonies

Finally, let us summarize the lesson of what we had discussed today.

VI. GENERALIZATION

Direction: Write a paragraph of two to three sentences (not less than 30 words) discussing the concept and
effects of conspiracy as applied to persons criminally liable. See rubric on page no. 12 for reference.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Rubric:
Level Description Score
 Well written and very organized.
 Excellent grammar mechanics.
 Clear and concise statements.
OUTSTANDING 9-10
 Excellent effort and presentation with detail.
 Demonstrates a thorough understanding of the
topic.
 Writes fairly clear.
 Good grammar mechanics.
GOOD 7-8
 Good presentation and organization.
 Sufficient effort and detail
 Minimal effort.
 Good grammar mechanics.
FAIR 6
 Fair presentation.
 Few supporting details.
 Somewhat unclear.
 Shows little effort.
POOR  Poor grammar mechanics. 5
 Confusing and choppy, incomplete sentences.
 No organization of thoughts.
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Module 10: Persons Criminally liable for felonies

KUDOS!

You have come to an end of Module 10.

OOPS! Don’t forget that you have still an assignment to do.

VII. ASSIGNMENT

Direction: Choose the correct word that completes the statement:

1. Under Art. 8 (par. 2), conspiracy exists when two or more persons come to an ________________
concerning the commission of a felony and decide to commit it.
2. Conspiracy may either be a felony in itself or only a ______________ of incurring criminal liability.
3. The agreement may be deduced from the manner in which the offense was ________________.
4. If conspiracy is proved, all ____________________ are criminally liable for the crime charged and
proved. The act of one is the act of all.
5. 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 __________________
evidence.

Choices of words in Activity 3:

 Committed
 Conclusive
 Manner
 Conspirators
 Agreement

After your long journey of reading and accomplishing the module,

let us now challenge your mind by answering the evaluation part of this
module.
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Module 10: Persons Criminally liable for felonies

VIII. EVALUATION

Name:__________________________________ Course & Section: __________________

Direction: Read each sentence / situation carefully and select the letter of the correct answer
among the choices.

1. The following are persons criminally liable under Article 16 of the RPC, EXCEPT_____.
A. Principals C. Accessories
B. Accomplices D. Conspirators
2. Conspiracy as a manner of incurring criminal liability must be established through
_____________________.
A. Positive and conclusive evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence
3. The following are categorized as acts of accessories, EXCEPT_______.
A. Profiting C. Investigating
B. Concealing D. Harboring
4. Corpus delicti literally means __________.
A. Body of the crime C. Scene of the crime
B. Effects of the crime D. After crime
5. A common-law wife who induced the killing of another common-law wife of her husband by giving money
to the killer is a _______________________.
A. Principal by direct participation C. Principal by indispensable cooperation
B. Principal by induction D. Conspirator
6. The killer in the immediately preceding number is a ______________________.
A. Principal by direct participation C. Principal by indispensable cooperation
B. Principal by induction D. Conspirator
7. The latin phrase “Falsus in uno, falsus in omnibus” means ___________________.
A. Fault in one side, fault in the other side, C. Negligence of one, is the negligence of all
B. Fault of all D. Fault of one, is the fault of all
8. Principal by indispensable cooperation can also be ___________________.
A. Look out C. Accessory
B. Accomplice D. Principal by induction
9. Accessories are generally NOT liable for _______________ except for crimes against persons or
property.
A. Heinous crimes C. Light felonies
B. Less grave felonies D. Grave felonies
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10. Accessories may extend to ________________, EXCEPT________.

A. Spouse C. Descendants
B. Ascendants D. Second cousin

(This evaluation will be submitted on ________________.)

CONGRATULATIONS on reaching the end of this module!

You may now proceed to the next module.

Don’t forget to submit all the exercises, activities and portfolio

on ___________________.

KEEP UP THE GOOD WORK.

Well Done!!!