o But can there be principals by direct participation without conspiracy?
Yes: the usual example of two people attacking a cocky guy in a bar with prior planning. The victim died due to two bullets, one from each gun. There is no conspiracy here, but both are liable as principals by direct participation.
How about the mastermind? For him to be a principal, does he have to commit an overt act in the execution of the planned conspiracy?
o Enough to be held as co-principal through conspiracy, as long as there is involvement in the planning and commission.
What should the overt act consist of for principals by direct participation?
o 1. Active participation
o 2. Or giving moral assistance to the other conspirators
Mere presence
Exercising moral ascendancy
What is the general rule as to non-appearance?
o Deemed a desistance which is favored. Mere participation in a conspiracy is not a crime, because there is no act yet to carry it out.
When there is no criminal participation, there is no liability.
o But see the exceptions for masterminds and PDIs.
Can someone not be in the scene of the crime and still be a principal?
o Yes. For example, there is conspiracy and one is on look-out duty for policemen.
o For as long as the conspirators perform specific acts that were coordinated pursuant to the conspiracy.
X, Y, and Z conspired to kill V. All three stabbed V. Is it a complex crime?
o No. There is only one crime of homicide, as there is only one victim. The number of crimes committed does not depend on the number of co-conspirators.
If rape was committed by 2 or more persons, what happens?
o Commission of rape by two or more persons is a qualifying circumstance that requires imposition of RP/death.
59 o Ex. The husband raped the victim, while the
wife of the accused held back the arms of the victim.
HELD: The husband was guilty of rape by direct participation, and the wife was principal by indispensable cooperation.
Is it possible that two persons are conspirators but are liable for different crimes?
o Yes.
o Ex. The private individual is liable for delivery of prisoners, while the escaped convict is liable for evasion of sentence.
o Ex. X and Y killed X’s wife. Y is liable for homicide. X is liable for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if only one co-conspirator killed the victim.
o Is it possible that one is liable only for robbery but not robbery with homicide?
Yes, if one desisted before the homicide was committed. For instance, one prevented the other from stabbing the victim
o What about robbery with rape?
All the accused will be liable for the rape committed by one of them, unless one proves that he endeavored to prevent the person from doing so.
o For these cases, one must perform an OVERT act to prevent the commission of the other crime. Mere silence or running away is not enough disavowal.
How does one become a principal by direct inducement?
o 1. Directly forcing another to commit a crime
Using irresistible force
Causing uncontrollable fear
o 2. Direct inducing another to commit a crime
Giving price, reward, or promise
Using words of command
What are the requisites to become a PDI?
o 1. Inducement made directly with intent of procuring the commission of the crime
o 2. Inducement is the determining cause of the commission of the crime by material execution
What is required for use of words, to become a PDI?
o Must have actually moved the hands of the principal by direct participation, the latter of which has no other recourse but to obey the command. This especially applies when the PDI has moral ascendancy over the PDP.
Does the PDI need to be in the scene of the crime?
o No. His inducement is enough.
What if the person inducing did not qualify in the above description?
60 o He is generally liable as an accomplice.
What if the person merely made carless remarks not meant to be obeyed?
o He is neither a PDI nor an accomplice. He is not criminally liable.
When does one become a principal by indispensable cooperation?
o Direct participation in the criminal design by another act without which the crime could not have been committed.
What is the main distinction between the PDP and principal by indispensable cooperation?
o For the PIC, he must perform an act different from the overt act of the PDP; otherwise, he also becomes a PDP.
Must the PIC be present during the planning stage of the conspiracy?
o No. He may become a principal at the moment of execution of the crime with the other principals. It can arise from implied conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an accomplice.
Is it possible that the PIC commits a crime different from the PDP?
o Yes. An example is malversation through falsification of public documents committed by a public officer in conspiracy with a private
individual. The private individual may be liable for malversation.
Can the PDP’s acts be by dolo and the PIC, by culpa?
o Yes. Ex. There was a bank employee with two friends. The friends made the employee believe that a bank document was genuine, which was approved by the employee without needed diligence. The crime of the PIC is estafa through falsification of commercial document, by culpa.
Art. 18: accomplices
What are the acts of accomplices?
o Prior or simultaneous acts not indispensable for the commission of the crime, and not overt acts for commission thereof.
What are the requisites to be liable as an accomplice?
o 1. Offender took part in the execution of the crime by previous or simultaneous acts
o 2. He intended to take part in the commission of the crime
At what point must the accomplice acquire knowledge of the commission of the crime by the PDP?
o After the PDP has reached a decision to commit a crime. The accomplice does not decide the commission of a crime. He just agrees after the criminal resolution is accomplished.
61 o If he was part of the decision to commit the
crime in conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he also becomes a PDP.
Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of the crime and agree with the criminal resolution. The conspirators decide, and the accomplices merely concur and cooperate.
o The crime is performed by the PDP, while the accomplice is merely an instrument of the conspirators – not members of the conspiracy.
May one be charged and convicted as accomplice or accessory even before principal charged or convicted? Or should the PDP first be convicted before accomplice and accessory be charged or convicted? What are their corresponding liabilities?
o As long as commission of the crime can be proven beyond reasonable doubt, determination of criminal responsibility of accessory may be determined independently of and separately from liability of the PDP.
o If the case against PDP is dismissed, the case against accomplice or accessory must also be dismissed because the liability of the latter is subordinate to that of the PDP.
o But the dismissal of the case against the latter does not necessarily result in dismissal of the case against the PDP.
Art. 19: accessories
Who is an accessory?
o One must have knowledge of the commission of the felony, and he participates after the commission by any of the acts enumerated in Art. 19. His participation must not be that of a principal or accomplice.
What are the requisites to become an accessory?
o 1. Knowledge of the commission of the crime o 2. Without participating therein
o 3. Perform any of the following acts (see below).
What are the three acts of accessories in Article 19?
o 1. By profiting themselves or assisting the offender to profit by the effects of the crime o 2. By concealing or destroying the body of the
crime (corpus delicti), or the effects or instruments thereof, in order to prevent its discovery
o 3. By harboring, concealing, or assisting in the escape of the principal, and –
A. the accessory acts with abuse of public functions OR
B. the accessory is a private individual, and the author of the crime is guilty of:
i. treason,
ii. murder,
iii. parricide,
iv. or attempt to take life of the Chief Executive,
v. or is known to be habitually guilty of some other crime
When does the accessory participate?
62 o His participation comes after the commission of
the crime.
Does mere silence make one liable for the crime as an accessory?
o No. It is not a crime to remain silent.
What is the “corpus delicti” or body of crime that must be concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual commission by someone of the particular crime charged. It is either:
1. Proof of occurrence of a certain event
2. Some person’s criminal responsiiblity
X, a policeman, witnessed the killing of V by K. X failed to arrest K and even told K not to tell the other policemen. Is X an accessory?
o Yes, under art. 19(3). It was the duty of the policeman to arrest the culprit and not to conceal the commission of the crime by silence or misleading statements. By his acts, he abused his public position.
What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally liable as an accessory under Art. 19 or as a principal for fencing under PD 1612.
Prosecution has the option.
When does one become a principal for fencing – requisites?
o 1. The crime of robbery or theft must be committed, and accused did not participate in the commission thereof.
o 2. The accused then acquires the proceeds of the robbery or theft, and he has actual
knowledge thereof or he should have known the subject is from such acts
o 3. Intent to acquire
What is the special rule P.D. 532 (piracy, highway robbery and brigandage)?
o Any person who directly or indirectly abets the commission of piracy or highway robbery/brigandage is not just an accessory – he is an accomplice to the principal of the crime.
o The person who profits from the loot is charged with Abetting Brigandage and is charged as an accomplice (not just an accessory)
Art. 20: accessories exempt from liability
Who are the accessories exempt from liability?
o Those who are accessories vis-à-vis spouses,
ascendants, descendants,
legitimate/natural/adopted brothers and sisters, or relatives by affinity of the same degree o When does it not apply?
To paragraph 1 (profiting from the crime)
o [N.B. this listing is limited (not up to 4th degree of consanguinity) and is the same scope as the alternative circumstance of relationship]
X killed Y. X told his sister S to hide the body of Y. X and S buried Y. What is the liability of S?
o S is exempt under Art. 20. The basis of the exemption is ties of blood between the PDP and accessory.
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What if a policeman furnishes the means for his brother to escape with abuse of public position?
Is he exempt?
o He is. Blood-ties are more powerful than call of duty. Moreover, the law does not distinguish between private citizens and public officers.
What is PD 1829 or Obstruction of Justice?
o Those who assist the principal to escape may be prosecuted under PD 1829 as a principal for obstruction of justice. When convicted, the penalty imposed is the higher penalty between PD 1829 and any other law, including the RPC.
What are the acts amounting to Obstruction of Justice?
o [preventing]
o 1. Preventing witnesses from testifying o 2. Harboring or concealing the offender
o 3. Obstruction of service of court processes/orders or disturbing proceedings in fiscal or Court
o 4. Solicitation or acceptance of benefit to desist in prosecution
o 5. Using threats to prevent a person from appearing in proceedings
o [misleading]
o 1. Altering or suppressing evidence
o 2.using fictitious name to conceal crime or evade prosecution
o 3. Making or presenting false evidence
o 4. Giving false or misleading information to law enforcement agents
Does PD 1829 provide the same exceptions as Art. 20?
o No.
PENALTIES
Offended party and accused agreed to fight; one lost. He filed for a complaint for physical injuries.
Does the pari delicto doctrine apply?
o No. It does not apply to criminal cases. In fact, two people can agree to duel, and if one dies, the offender may be charged under the RPC.
Does estoppel apply to criminal cases?
o No. The offended party is the State. Private individual who sustained the damage is merely the witness to the crime.
Can there be imprisonment at the discretion of the court?
o No. It must be according to limits imposed by law.
Did the SC circular giving preference to fines over imprisonment for BP 22 and libel violations amend the law?
o No. There was no abolishment of the penalty of imprisonment.
May the favorable provisions of RA 7659 (Abolishing the DP) retroact to entitle the offender to RP?
o Yes. Penal laws retroact in so far as they favor a person guilty of a felony, as long as he is not a habitual delinquent
o Even when there is already a final judgment o Does this apply even to SPLs?
64
Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below 15 are automatically dismissed and referred to appropriate diversion programs
o Those already serving sentence are reassessed/reclassified under the new benevolent features of the law
o If the minor is no longer entitled to suspension of sentence (Ex. reached 18 years old) and the court resolves to impose the sentence, he can still apply for probation
What if a penal law is repealed?
o Then the court has no more jurisdiction to hear the case
o The offense never existed and the person who committed it never did so.
o Exceptions?
1. Saving clause
2. The repealing act reenacts the former statute
What is the effect of RA 8353 on Articles 23 and 344 which provide for pardon by the offended party?
o Rape and sexual assault are now crimes against persons.
o Thus, criminal action can only be commenced by information filed by public prosecutor, and not the private offended party.
o If a crime is public, private individual cannot pardon the crime or compromise it, unless provided by law. In a criminal action, it is the State that is the offended party; the private individual is just a witness.
o Exception: RA 8353 – marriage of offender and rape victim
Shall extinguish criminal action
If already convicted, penalty imposed will be extinguished
Note, however, that a husband can be convicted for rape or sexual assault against his wife.
Criminal liability may only be extinguished by law or the grounds in Art. 89.
o A public officer is charged with RA 3019.
He returns the money. Will his liability be extinguished?
No. It will not exonerate him from criminal liability, but will extinguish his civil liability. P v. Sandiganbayan
What are not considered as penalties?
o 1. Arrest and temporary detention of accused, or detention due to insanity or imbecility
o 2. Commitment of a minor in institutions
Art. 80 was already repealed by PD 1603 and amended by RA 9344.
o 3. Preventive suspension from employment or public office
65 o 4. Fines and other corrective measures
imposed by superior officials on subordinates
Refers to administrative sanctions in administrative cases against public officers and employees (imposed by superiors)
Correlate the above enumeration with RA 6975, par.
4:
o If police officer or employee is charged for a crime in a valid information, he may be suspended during pendency of the case. This is not a penalty, but just a means to facilitate justice.
Correlate with RA 3019:
o When a public officer or employee is charged, he may be suspended 90 days. This is not deemed a penalty.
What is the effect of RA 9346 abolishing the death penalty (and as clarified by P v. Bon)?
o 1. It retroactively benefited all those convicted and being tried for the death penalty, which has been abolished. It benefits even habitual delinquents.
o 2. It does not affect RA 7659’s provisions on how the crime is committed; it just reduces the penalty imposed by RA 7659 from death to RP.
o 3. It equalized the penalties of certain offenses which used to be graduated. Examples:
Piracy (RP) and qualified piracy (RP to death) are now both RP.
Kidnapping (RP to death) and Kidnapping with Homicide or Rape (mandatory death) are now both RP.
Destructive arson (RP to death) and Arson with homicide (mandatory death) are now both RP.
o 4. In graduation of offenses one or two degrees lower, take out “death” from the scale as well.
o 5. It did not declassify the crimes as “heinous.”
Only the penalty imposed is affected.
When is the duration of penalties computed from?
o 1. If the offender is in prison, from finality of judgment of conviction
o 2. If not in prison, from placement at disposal of judicial authorities to enforce penalty
o 3. Other penalties not involving imprisonment – from day when he commences to serve the sentence
When are detainees credited with the whole duration of preventive imprisonment?
o 1. Full time, if the detention prisoner agrees to abide by the same disciplinary rules as convicted prisoners
o 2. 4/5 time, if he does not agree to abide by the same rules
o When is there no credit?
1. Recidivists
66
2. Those convicted at least 2 times of any crime
3. Upon summoned for execution of sentence, they failed to surrender voluntarily
o What if the period of preventive imprisonment has exceeded the maximum penalty allowed?
Immediately release, but continue with trial or appeal
If it’s destierro, the maximum period is 30 days preventive imprisonment
o What is the remedy when the person has reached the maximum penalty imposable?
Habeas corpus
o What if the convict is sentenced to RP or life imprisonment?
He is still entitled to the benefits of this provision.
What is the effect of penalty of perpetual or temporary absolute DQ?
o 1. Deprivation of public office even if elected o 2. Deprivation of right to vote or right to be
elected
o 3. DQ for offices or public employments and for exercise of any rights mentioned
o 4. Loss of all rights of retirement pay or pension for former office
o What is the difference between perpetual and temporary?
In temporary, #2 and #3 only lasts until term of sentence
What is the effect of perpetual or temporary special DQ?
o 1. Deprivation of office, employment, profession, or calling affected
o 2. DQ for holding similar offices or employments
How long does #2 it last?
If perpetual, forever
If temporary, during term of sentence
o What about perpetual or temporary special DQ for the exercise of the right to suffrage?
Deprivation of right to vote or be elected for public office (perpetual or temporary)
What is the effect of penalty of suspension from public office, profession, calling, or right to suffrage?
o These apply during term of sentence
o And if suspended from public office, cannot hold an office with similar functions during suspension
Is RP the same as life imprisonment?
o No. RP has a fixed duration and accessory penalties, and is imposed by the RPC.
67 o Life imprisonment has no fixed duration, no
accessory penalties, and is imposed by SPLs.
What is the dual nature of temporary disqualification and suspension?
o As principal penalty
Temporary DQ: 6 years and 1 day to 12 years
Suspension: 6 months and 1 day to 6
Suspension: 6 months and 1 day to 6