Article 16

Question 1

In the commission of the crime, the treble division of persons criminally responsible for an offense rests upon what?

Answer 1

The very nature of their participation in the commission of the crime

Question 2

Are accessories liable for light felonies?

Answer 2

No, because the social wrong as well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories

Question 3

4 Rules regarding light felonies (4)

Answer 3

1. Light felonies are punishable only when they have been consummated
2. But when light felonies are committed against persons or property, they are punishable even if they are only in the attempted or frustrated stage of execution
3. Only principals and accomplices are liable for light felonies
4. Accessories are not liable for light felonies, even if they are committed against persons or property

Question 4

In a crime, who are the two parties? (2)

Answer 4

1. Active subject (The Criminal)
2. Passive subject (The Injured Party)

Question 5

Article 16 of the RPC enumerates which subjects (Active/Passive) of a crime

Answer 5

Active

Question 6

Can juridical persons be an active subject of a crime?

Answer 6

No, because of the highly personal nature of the criminal responsibility

Question 7

Reasons why only natural persons can be the active subject (4)

Answer 7

1. The RPC requires that the culprit should have acted with personal malice or negligence. An artificial or juridical person cannot act with malice or negligence
2. A juridical person, like a corporation, cannot commit a crime in which a wilfull purpose or a malicious intent is required
3. There is substitution of deprivation of liberty (subsidiary imprisonment) for pecuniary penalties in case of insolvency of the accused
4. Other penalties consisting in imprisonment and other deprivation of liberty, like destierro, can be executed only against individuals

Question 8

When a corporation commits a crime, who are criminally liable?

Answer 8

The officers, not the corporation itself. A corporation cannot be arrested and imprisoned

Question 9

Can juridical persons be never criminally liable?

Answer 9

No, they can be criminally liable under certain special laws, such as:
1. B.P. Blg. 68 (Corporation Code of the Philippines) (Repealed by R.A. 11232, Revised Corp. Code of the Philippines)
2. Commonwealth Act no. 146 (Public Service Law)
3. The Securities Regulation Code
4. Election Code

Question 10

General rule regarding who is punishable regarding directors or other officers of a corporation

Answer 10

A director or other officer of a corporation is criminally liable for his acts, though in his official capacity, if he participated in the unlawful act either directly or as an aider, abettor or accessory, but is not liable criminally for the corporate acts performed by other officers or agents thereof

Question 11

Define passive subject of a crime

Answer 11

The holder of the injured right: the man, juristic person, the group, and the State

Question 12

Can a corpse or an animal be a passive subject?

Answer 12

No, because the dead and the animals have no rights that may be injured
Exception: Art. 353, defamation may be committed if the imputation tends to blacken the memory of one who is dead