Skip to main content

Persons Criminally Liable for Felony



For Grave and Less Grave Felony:
1. Principals
2. Accomplices
3. Accessories

For Light Felonies:
1 Principals
2. Accomplices

General Rule:
     Light felonies are punishable only when they have been consumated.
Exception:
     Light felonies committed against persons or property are punishable even it attempted or frustrated.
Exception to the Exception:
     Accessories are not liable for light felonies.

Two Parties in all Crimes
1. Active Subject (The Criminal)
     Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility.

2. Passive Subject (The injured party)
     The holder of the injured right; The man, the juristic person, the group, and the State.
     General Rule:
     Corpses and animals cannot be passive subjects because they have no rights that may be injured.
     Exception:
     Under Article 353, the crime of defamation may be committed if the imputation tends to blacken the memory of the one who is dead.

Principals
     There are three kinds of principals depending on the nature of their participation in the commission of the crime. They are as follows:
1. Principal by direct participation
     Those who take a direct part in the execution of the crime.
2. Principal by inducement
     Those who directly force or induce others to commit it. (By giving price, reward, or promise)
3. Principal by indispensable cooperation.
     Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Accomplices
     They are  persons who,  not acting as principals, cooperate in the execution of the offense by previous and simultaneous acts, which are not indispensable to the commission of the crim.
     They act  as mere instruments who performs acts not essential to the perpetration of the offense.

Accessories
     They are those who:
1. Having knowledge of the commission of the crime; and
2. Without having participated therein either as principals or accomplices, take part subsequent to its commission in any of the following acts:
     a. By profiting  themselves or assisting the offender to profit by the effects of the crime.
     b. By concealing or destroying the body (corpus delicti), effects or instruments of the crime to prevents its discovery.

Two Classes of Accessories in par. 3, Article 19 of the RPC
1. Public officers who harbor, conceal or assist in the escape of the principal of any crime with abuse of his public functions.
2. private persons who harbor, conceal or assists  in the escape of the author of the crime who is guilty of treason, parricide, murder, or attempts against the life of the President, or who is known to be habitually guilty of some other crime.

Comments

Popular posts from this blog

Offenses While on a Philippine Ship or Airship

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territor...

Complex Crimes and Special Complex Crimes

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...

RULES ON ACCESSION (BUILDERS/PLANTERS/SOWERS)

In the Civil Code of the Philippines or Republic Act No. 386, there are provisions which govern the laws on property, this chapter discusses about ACCESSION which contains the provision of Builder/Planter/Sower (Article 440 to Article 475). In Accession (Article 440) , it states that, “The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.” Also, in Article 445 , “Whatever is built, planted or sown on the land of another, and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.”. Article 446 states that, “All works, sowing, and planting are presumed made by the owner and at his expense , unless the contrary is proved .” Article 441. To the owner belongs: (1) The natural fruits - Natural fruits are the spontaneous products of the soil, and the young and other products of animals. ...