PRINCIPAL ACCOMPLICE ACCESSORY
Liable for: Liable for: Liable for:
1. Grave felonies 1. Grave felonies 1. Grave felonies
2. Less Grave felonies 2. Less Grave felonies 2. Less Grave felonies
3. Light felonies 3. Light felonies
PDP PRINCIPAL BY DIRECT PARTICIPATION (personally Those persons who, not being included in Article 17, Those, who having knowledge of the commission of the
takes a direct part in the execution of the act constituting cooperate in the execution of the offense by previous or crime, and without having participated therein, either as
the crime) simultaneous acts. principals or accomplices, take part subsequent to its
1. They participate in the criminal resolution and commission in any of the following manners:
2. They carried out their plan and personally took Notes: 1. By profiting themselves or assisting the offender to
part in its execution by acts which directly tended As long as the commission of the crime is proven profit by the effects of the crime
to the same end beyond reasonable doubt, determination of the
criminal responsibility of the accomplice or There must be actual gain or material benefit.
In conspiracy, the principal who does not appear at the accessory may be determined independently of Example, one who received property knowing it
scene of the crime is not liable (deemed desistance). Note and separately from liability of principal by direct was stolen.
that generally, conspiracy is not a crime per se. participation.
If the case of PDP is dismissed, the case against the 2. By concealing or destroying the body of the crime,
accomplice or accessory must also be dismissed or the other effects or instruments thereof, in order
because the liability is subordinate to that of the to prevent its discovery
PDP.
If the PDP is exempted, it does not benefit the Corpus Delicti – body or substance of the offense.
Accomplice or Accessory. This is a proof that a specific offense has been
committed by someone.
3. By harboring, concealing or assisting in the escape
of the principals of the crime provided that:
a. By public officer acts with abuse of his public
functions
b. By private person, but the offender is guilty of
Treason, Parricide, Murder, or Attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
PRINCIPAL ACCOMPLICE ACCESSORY
PI PRINCIPAL BY INDUCEMENT (the inducement must be Previous Acts Accessories who are EXEMPT from criminal liability:
the determining cause of the commission of the crime) e.g. lending of the weapon to the murderer knowing his When the Principal is his/her:
Either by: criminal purpose 1. Spouse
1. Directly forcing another to commit a crime OR 2. Ascendants
a. Irresistible Force note: if the owner knew that it would be used to 3. Descendants
b. Uncontrollable Fear kill a particular person, but it was used by the murderer 4. Legitimate natural and adopted brothers and
In either case, only the principal by inducement to another person, he will not be liable as accomplice. sisters
is liable, while the principal by direct 5. Relatives by affinity within the same degrees.
participation is exempted. Note, nephews and nieces are not included.
Simultaneous Acts
2. Directly inducing another to commit a crime. e.g. no previous agreement, but he held the hand of the IMPORTANT: Even if the accessory is related to the
a. Giving price, or offering reward or promise victim while the offender attacked the victim. principal, he will NOT be exempt when such accessory:
b. By words of command 1. Profited by the effects of the crime
In either case, there is collective criminal 2. Assisted the offender to profit by the effects of the
responsibility. crime
Elements if thru the use of command:
1. One uttering the words of command must have the
intention of procuring the commission of the crime
2. One who made the command must have an
ascendancy or influence over the person who acted
3. Words used must be so direct, efficacious,
powerful as to amount to physical or moral
coercion
4. Words must be uttered prior to the commission of
the crime
5. The material executor of the crime has no personal
reason to commit the crime
Effects of acquittal of PDP
If the one charged as PDP was acquitted because of
lack of criminal intent or malice, it does not affect
the liability of the PI.
In case of mistake of identity by PDP, the PI is not
liable.
PRINCIPAL ACCOMPLICE ACCESSORY
PIC PRINICPAL BY INDISPENSABLE COOPERATION (to IMPORTANT: An accomplice does NOT have previous
cooperate means to desire or wish in common a thing) agreement or understanding or is in conspiracy with the
1. Participation in the criminal resolution PDP. (Accomplice should not participate in the criminal
(presupposes conspiracy) resolution)
2. Cooperation in the commission of the offense by
performing another act without which it would not ELEMENTS:
have been accomplished. 1. There must be community of design (knowing and
concurring with the criminal design of the PDP)
e.g. A, who lives in the US, gives B poison to kill C. B used 2. He cooperates by previous or simultaneous acts by
the poison to kill C. A is a PIC. supplying material or moral aid in the execution of
the crime
e.g. A provides the boat to have transportation in an 3. There be a relation between the acts of the PDP
excluded island where the victim lives, and no other and the accomplice
available transportation.
If the cooperation is dispensable, then the offender is
merely accomplice.
