Art.

16 Who are criminally liable

Felonies – act or omission penalized under Revised Penal Code

 murder or homicide
 rape
 robbery
 theft
 treason (betrayal)
 adultery
 concubinage
 abortion

Mala in se – are those acts that are inherently evil or wrongful. They are wrongful from their very nature

Offense – act or omission penalized under Special Laws

 mala prohibita
 Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act
 Republic Act No. 9262 or Anti-Violence Against Women and Their Children Law
 RA 10591 or Illegal Possession of Firearms and Ammunitions

Mala prohibita – are those acts that are not inherently evil or wrong. They are only wrong because there
are laws that punishes the said act or because they are merely prohibited by law

Grave felonies – afflictive (painful) penalties: 6 yrs. and 1 day to reclusion perpetua (life)
 all participants are criminally liable (principals, accomplices, accessories)

Less grave felonies – correctional penalties: 1 month and 1 day to 6 years

 all participants are criminally liable (principals, accomplices, accessories)

Light felonies – arresto menor (1 day to 30 days)

 only the principal and the accomplice are liable

 Active subject (the criminal) – natural person, culprit

 Passive subject (the injured party)

Only the officers of the corporation who participated either as principals by direct participation or
principals by induction or by cooperation, or as accomplices in the commission of an act punishable by
law are liable.

Art. 17 Principals

1. Those who take 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.

Conspiracy – exist when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it
 1. Direct Participation
Ex. B kills C in C's island
1.    By directly forcing another to commit a crime;
One who personally takes
part in the execution of the
act: shoot, kill, burn, hack,
2.    By directly inducing another to commit a crime.
drown, etc.
"personally took part in its
execution." - principal by
direct participation must be
at the scene of the
commission of the crime,
personally taking part in its
1.    Inducement be made directly with the intention of performing another
execution.
- Although not presence in
the crime, he is equally
liable as a principal by
direct participation.
Example: on serving as a
look out while the crime
was going on.
4.    Words of command must be uttered prior to the offense." - to desire
5.    Material executor of the crime has no personal
2 or more principals by DP:
1.    They participated in the
criminal resolution
(conspiracy)
2.    They carried out their plan
and personally took part in
its execution by acts which
directly tended to the same
end
2. By force or inducement (encouragement) 3. By cooperation
D owns a motor boat
that could take the
A induce B to kill C culprit to C's island,
and knows A's and
B's plan to kill C
Requisites:
2 ways of becoming principal by induction: 1.    Participation in the
criminal resolution,
a.    By using irresistible force; that is, there is
b.    By causing uncontrollable fear anterior conspiracy
or unity of criminal
purpose and
a.    By giving price, reward, promise intention immediately
1.    Offers RWP - P by Inducement before the
2.    Receiver - P by DP commission of the
b.    By using words of command crime charged;
1.    Commands - P by Inducement 2.    Cooperation in the
2.    Acts on the command - P by DP commission of the
·         Requisites: offense by
procuring the commission of the crime act, without which
2.    One who made the command must have the crime would not
ascendancy or influence over the person who have been
acted. accomplished.
3.    Words used must be direct, efficacious, so
powerful as to amount to physical or moral "cooperation in the
coercion commission of the
commission of the crime. or wish in common a
thing. But that
reason to commit the crime common will or
purpose.
Notes:
If the cooperation is
indispensable, he is
liable as a principal
Notes:
by indispensable
Thoughtless expression is not an inducement to
cooperation.
kill.
If the cooperation is
not indispensable,
he is liable as an
accomplice