Person criminally liable under RPC

1. WHO ARE
CRIMINALL
Y LIABLE?
BY: CHELDY S. ELUMBA-PABLEO,MA,LLB
CRIMINAL LAW I

2. WHO ARE CRIMINALLY LIABLE?
FOR GRAVE AND LESS GRAVE FELONIES: principals, accomplices and
accessories.
FOR LIGHT FELONIES: principals and accomplices. Accessories are not
liable. (punished by arresto menor or a fine not exceeding P200)—
REASON: law does not deal with trifles “de minimis non curat lex” also 2
degrees lower than arresto menor is not possible.
PERSON- refers to natural person only; juridical ersons cannot commit a
crime which requires wilful purpose, voluntariness or malicious intent.

3. PRINCIPALS
ARTICLE 17 OF RPC
1. PRINCIPAL BY DIRECT PARTICIPATION- who materially execute the crimes. They
must appear at the crime scenes and perform the acts necessary in the commission
of the offense to be liable.
IN CONSPIRACY BY PRIOR AGREEMENT- the principal by direct participation who
does not appear at the crime scene is not liable because:
◦ A. non-appearance means desistance which is favoured and encourage.
◦ B. conspiracy is generally not a crime UNLESS the law specially provides penalty
therefor (Art. 8)—thus by merely conspiring the would be participator has not yet
committed any crime UNLESS he would appear at the site of the crime and
perform any act directly or indirectly in the execution of the plan.
◦ C. There is no basis for criminal liability because there is no criminal participation.

4. PRINCIPALS
ARTICLE 17 OF RPC
2. PRINCIPAL BY INDUCEMENT-(or master mind) are liable even did not appear in crime
scene because it would not have been committed without the inducement and because they
induce others to commit the crime so they do not have to appear or do the “dirty work”.
 the inducer may be a principal, an accomplice or without any liability at all. He is a
principal by inducement IF his inducement should be obeyed. It should be ittered in a
manner as to become the determining factor causing of the crime.
Mere careless comment made by one who does not possess dominance or moral
ascendancy over the offender will make him neither a principal by inducement nor an
accomplice.
The inducer is generally liable as an accomplice because the law favors the lesser penalty.

5. PRINCIPALS
ARTICLE 17 OF RPC
◦ ELEMENTS:
1. Force or intimidation
2. Price, reward or promise (strongest inducement or “motive”)
3. Words or command
QUALIFICATION:
1. Ascendancy (husband has ascendancy to the wife but not vice versa)
2. Intent to commit a crime (if absence, it is only considered as “accomplice”)

6. PRINCIPALS
ARTICLE 17 OF RPC
PRINCIPAL BY INDESENSABLE PARTICIPATION-must be direct
participation in the criminal design by another act without which the
crime could not have been committed/consummated. (PP vs Fronda)
May be a co-conspirator under the “Doctrine of Implied
Conspiracy” . The voluntary and indispensable cooperation of the
offender is a concurrence of the criminal act to be executed although
the common design or purose was never bottled up by previous
undertaking. (Subayco vs Sandiganbayan)

7. ACCOMPLICES
ARTICLE 18 OF RPC
Are those who are not principals but cooperate in the
execution of the offense by precious or simultaneous acts.
They are also called “accessories before the act”.
Instrument only and not the author.
He knows the criminal design but does not inflict the
mortal blow. (participation: “of a minor character” ( PP vs
Fronda)

8. ACCOMPLICES
ARTICLE 18 OF RPC
A “LOOKOUT” –was not part of the conspiracy but participated only
after such decision was reached incurs criminal liability as an
accomplice since he merely is an instrument of the crime and he
cooperates after the decision to commit the same had already been
made. (PP vs Suarez)
A “LOOKOUT IS A PRINCIPAL” if he were a conspirator and
participated in deciding the course of action to be taken in the
criminal design or he is co-author of the crime and provides his
companions effective means and necessary part of the concerted
action to achieve the desired result. (PP vs Loreno)

9. ACCESSORIES
ARTICLE 19 OF RPC
ELEMENTS:
1. Have knowledge of the commission of the crime
2. Have not participated therein
3. Take part subsequent to its commission (accessory after the fact) in any of
the following:
a. By profiting or assisting the offender to profit from the effects of the
crime
b. By concealing or destroying the body of the crime (corpus delicti) or
effects or the instruments
thereof to prevent its discovery.

10. ACCESSORIES
ARTICLE 19 OF RPC
c. By harbouring, concealing or assisting in the escape of the
principal:
1. Public Officer—any crime if he acts with abuse of public
functions
2. Private Individual– when principal is guilty of treason, attempt on the
life of the Chief Executive, murder, parricide or is
known to be habitually delinquent because the
latter converse specific crime.

11. ACCESSORIES
(BY PROFITING)
An accessory may be liable as principal in another crime if his act or omission is also
penalized in a special law such as fencing.
EXAMPLE:
THEFT/ROBBERY (accessory) ANTI-FENCING LAW (PD 1612) (principal)
1. Proved that there is theft/robbery 1. Prove that there is theft/robbery
2. Have knowledge 2. Mere possession—assumption of PD 1612
3. Assist to profit/profit himself subject to rebuttal
◦ NOTE: Prove that no knowledge and acquired for value

12. ACCESSORIES
(BY CONCEALING OR DESTROYING THE BODY OF THE CRIME “corpus delicti”)
The substance of the crime and its primary sense refers to the fact
that the crime has actually been committed. As applied to a
particular offense, it means the actual commission by someone of
the particular crime charged.
ELEMENTS: (PP vs Boco)
1. The proof of the occurrence of a certain event
2. some person’s criminal resposibility

13. ACCESSORIES
(BY ASSISTING THE PRINCIPAL TO ESCAPE)
The offender to be assisted must be a principal; assisting an
accomplice is not included.
EXAMPLE:
A. POLICE OFFICER- present on the crime was committed abused of
his official function when he failed to immediately arrest the offender
and conduct a speedy investigation of the crime but instead left the
scene of the crime together with the offender. BEING A PUBLIC
OFFICER, he is liable as an ACCESSORY to the crime. (PP vs Antonio)

14. ACCESSORIES
(BY ASSISTING THE PRINCIPAL TO ESCAPE)
EXAMPLE:
B. POLICE OFFICER- who assit the principal to escape may
be prosecuted UNDER PD 1829 –”obstruction of justice”—
not as accessory but as PRINCIPAL provided that a separate
information is prepared for obstruction.
When convicted, the penalty to be imposed is the penalty
under PD 1829 or any other law, including the RPC
whichever is higher.

15. DISTINCTION
ACCOMPLICE ACCESSORY
1. Participates before or during the
commission of the offense.
1. Subsequent thereto
2. Provides material or moral aid in an
efficacious way but not in a manner
indispensable to the offense.
2. Acts in 3 ways specified in Art. 19 (profiting
or assisting, concealing or destroying, and
harbouring, concealing or assisting the escape)
3. Knows of the criminal design of the principal 3. Knows of the commission of the offense
4. No exemption from liability 4. Some accessories are exempted under Art.
20 & Art. 332 (family-4th degree of
consanguinity and relative) in cases of Theft,
Estafa and Malicious Mischief)

16. ACCESSORIES EXEMPT FROM CRIMINAL
LIABILITY
( ARTICLE 20 OF RPC)
Accessory may be prosecuted while principal is
aquitted. (under Art. 332- for Theft, Estafa and
Malicious Mischief—if living together)

17. THANK YOU FOR READING!
CHELDHAYE