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Who are criminally liable



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Person criminally liable under RPC

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Who are criminally liable

  2. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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)