ACT NO.

3815
- The Revised Penal Code
- took effect on January 1, 1932

PERSONS CRIMINALLY LIABLE FOR FELONIES

ARTICLE 17
PRINCIPALS
 Principal by Direct Participation – take a direct part in the execution of the act
- “personally took part in its execution” – means he must be at the scene of the commission
of the crime, personally taking part in its execution
(See page 9-10 ---- Conspiracy)
 Principal by Inducement – directly force or induce others to commit an act
- inducement – one strong enough that the person induced could hardly resist
- liable only when principal by direct participation committed the act induced

Illustration:
 While in the course of a quarrel, a person shouted to Alan, ―Kill him! Kill him. Alan
killed the other fellow.
- the person who shouted is not liable as principal by inducement because it is
not as strong as irresistible force

 Principal by Indispensable Cooperation - cooperate in the commission of the offense by

another act without which it would not have been accomplished
Illustration:
 Three men committed rape. One was on top of the woman, one held the hands, one held
the legs
- those who held the legs and arms are principals by indispensable cooperation
Article 46 - Penalty to be imposed upon principals:
- the penalty prescribed by law for the commission of a felony

ARTICLE 18
ACCOMPLICES
- those persons who are not principals, cooperate in the execution of the offense by previous or
simultaneous acts
- has knowledge of the criminal design of the principal and all he does is concur with his purpose

Requisites:
1. That there be community of design (he knows the criminal design and concurs with it)
2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the execution of the crime in an efficacious way
3. That there be a relation between the acts done by the principal and those attributed to the person
charged as an accomplice

Note: Accomplice should not have inflicted a mortal wound, if so, he becomes a principal by direct
participation.

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:
a. profiting themselves or assisting the offender to profit by the effects of the crime
b. concealing or destroying the body of the crime, or the effects or instruments thereof, in order
to prevent its discovery
c. harboring, concealing, or assisting in the escape of the principals of the crime:
1. a public officer with abuse of his public functions
2. a private person who harbors a person found 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

Illustration:
 Crime committed is kidnapping for ransom. Principal was being chased by soldiers. His aunt
hid him in the ceiling of her house and aunt denied to soldiers that her nephew had ever
 gone there. When the soldiers left, the aunt even gave money to her nephew to go to the
province.
- aunt is not liable as accessory because the crime committed was kidnapping for
ransom
- but under PD 1829 (penalizing obstruction of apprehension and prosecution of
criminal offenders), the aunt is criminally liable

If the crime is Robbery or Theft and the person profits by the proceeds:
- an accessory to the crime
- and principally liable for fencing
Fencing (PD 1612 - Anti-Fencing Law)
- a person, with intent to gain, acquires and/or sell, possesses, keeps or in any manner deals
with any article of value which he knows or should be known to him to be the proceeds of
robbery or theft
If the crime is piracy or brigandage and the person profits by the proceeds:
- crime is abetting piracy or abetting brigandage
- he is now an accomplice under PD 533 (Anti-piracy and Anti-Highway Robbery Law of
1974)

PENALTIES

ARTICLE 25
Penalties that may be imposed

Principal Penalties
- are that provided by law for a felony and which is imposed by the court expressly upon
conviction.
 Capital punishment:
a. Death
 Afflictive penalties:
a. Reclusion perpetua
b. Reclusion temporal
c. Perpetual or temporary absolute disqualification
d. Perpetual or temporary special disqualification
e. Prision mayor
 Correctional penalties:
a. Prision correccional
b. Arresto mayor
c. Suspension
d. Destierro
 Light penalties:
a. Arresto menor
b. Public censure
 Penalties common to the three preceding classes:
a. Fine
b. Bond to keep the peace

Accessory Penalties
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Suspension from public office, the right to vote and be voted for, the profession or calling
 Civil interdiction
 Indemnification
 Forfeiture or confiscation of instruments and proceeds of the offense
 Payment of costs

Death penalty shall not be imposed in the following cases:

a. Guilty person is below 18 years of age at the time of the commission of the crime
b. When he is more than 70 years of age
c. When upon appeal or automatic review of the case by the Supreme Court, the required majority
vote is not obtained for the imposition of the death penalty
d. Pregnant woman or within 1 year after delivery
2
Destierro
- a convict is vanished to a certain place and is prohibited from entering or coming near the place
designated in the sentence, not less than 25 Km but not beyond 250 Km
- crime is evasion of service of sentence – if he should enter the prohibited places

Bond for Good Behavior

- prescribed for the crimes of grave threats and light threats
- different with bond to keep the peace
- legal effect of failure to post a bond for good behavior is destierro

ARTICLE 25
When afflictive, correctional, or light penalty
 Afflictive penalty – fine exceeds 6,000 pesos
 Correctional penalty – fine does not exceed 6,000 pesos but is not less than 200 pesos

ARTICLE 27

 Light penalty – less than 200 pesos

DURATION AND EFFECTS OF PENALTIES

Penalties Duration
Reclusion perpetua 12 years and 1 day to 20 years
Prision mayor and temporary disqualification 6 years and 1 day to 12 years
Prision correccional, suspension, and destierro 6 months and 1 day to 6 years
Arresto mayor 1 month and 1 day to 6 months
Arresto menor 1 day to 30 days
Bond to keep the peace Determined by the court

Note: In reclusion perpetua – offender is pardoned after undergoing the penalty for 30 years

ARTICLE 28
Computation of penalties
- the term of the duration of the temporary penalties while serving in prison shall be computed
from the day on which the judgment of conviction shall have become final
- if not in prison – computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty

ARTICLE 29