CRIMINAL LAW

II. REVISED PENAL CODE – BOOK ONE

C. Persons Criminally Liable and Degree of Participation
1. Principals, Accomplices, and Accessories

Under Philippine criminal law, the Revised Penal Code (RPC) defines the persons who may be held criminally liable based on their degree of participation in the commission of a crime. This topic is governed primarily by Articles 16 to 20 of the Revised Penal Code. Below is a meticulous breakdown:

I. PERSONS CRIMINALLY LIABLE

According to Article 16 of the RPC, the following are considered criminally liable:

Principals
Accomplices
Accessories

The categorization is based on the level of participation and the timing of the involvement in the crime.

II. PRINCIPALS

A principal is someone who takes a direct and immediate part in the commission of a crime or contributes an indispensable act toward its consummation. Principals are divided into three types, as enumerated in Article 17:

A. Principal by Direct Participation

These are the persons who directly commit the act that constitutes the crime.
- Example: A person who physically stabs the victim in a homicide.

B. Principal by Induction

These are individuals who directly force, induce, or influence another to commit a crime.
- Elements for liability:
  1. Inducement must be intentional.
  2. It must be specific and direct.
- Example: A mastermind who convinces someone to commit arson by paying them.

C. Principal by Indispensable Cooperation

These are persons who cooperate in the commission of the offense by performing an act without which the crime would not have been successfully carried out.
- Example: A lookout who ensures that the perpetrators are not caught during a robbery.

Note:

Principals are equally liable for the crime committed and receive the same penalty unless mitigating or aggravating circumstances apply.

III. ACCOMPLICES

An accomplice is someone who participates in the execution of the crime by previous or simultaneous acts, but whose role is less direct than that of a principal. Defined under Article 18, an accomplice:

Knows the criminal design or plan.
Cooperates in the execution of the crime by performing acts that are not indispensable but still contribute to its execution.

Key Points on Accomplice Liability:

The participation of the accomplice must be merely secondary or supportive.
Example: Providing information to aid in the crime, such as the schedule of a security guard to facilitate a burglary.

Penalty for Accomplices:

Accomplices are generally given a penalty one degree lower than that prescribed for principals, per the rules on mitigating circumstances in Article 52 of the RPC.

IV. ACCESSORIES

An accessory, as defined under Article 19, is someone who, despite not taking a direct or indirect part in the commission of the crime, assists the principal or accomplice after the crime has been committed. The law recognizes three specific acts of accessories:

A. Assistance to Escape

Harboring, concealing, or assisting in the escape of the principal(s) or accomplice(s), provided they:
- Did so knowingly, with the intent to help avoid apprehension.

B. Profiting from the Crime

Benefiting from the effects or proceeds of the crime by profiting themselves or helping another benefit.

C. Obstruction of Justice

Concealing or destroying evidence of the crime.
Using means to prevent the discovery of the crime or the apprehension of the offenders.

Exemption for Relatives:

Article 20 provides that the following relatives of the principal or accomplice are exempt from accessory liability (except in cases of crimes against chastity, such as rape):
- Spouse.
- Ascendants (parents, grandparents).
- Descendants (children, grandchildren).
- Legitimate, natural, or adopted brothers and sisters.
- Relatives by affinity within the same degree.

Penalty for Accessories:

Accessories generally receive a penalty two degrees lower than that prescribed for principals.

V. RULES ON DEGREE OF PARTICIPATION

Conspiracy and Unity of Purpose:
- When a conspiracy is proven, all conspirators are treated as principals, regardless of the degree of participation (Article 8, RPC).
- A mere agreement to commit a crime does not make one liable unless an overt act is performed.
Mitigating and Aggravating Circumstances:
- The court may adjust penalties based on circumstances affecting the degree of culpability or the nature of participation.
Justifying and Exempting Circumstances:
- Certain individuals may be exempt from criminal liability, such as those acting in self-defense or under compulsion (Articles 11-12, RPC).

VI. JURISPRUDENCE AND APPLICATION

Key rulings provide guidance on the classification and treatment of persons criminally liable:

People v. Sumbillo: Clarified the elements required to convict a principal by inducement.
People v. Lizada: Highlighted the importance of proving conspiracy to hold all participants equally liable.
People v. Mendoza: Distinguished between accomplices and accessories by emphasizing the timing and nature of the acts performed.

This detailed framework reflects the meticulous delineation of liability under the Revised Penal Code of the Philippines, ensuring just and proportionate penalties for all degrees of participation in criminal offenses.