Article 19 Flashcards
Define accessories as provided under Article 19 of the RPC
Those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commssion in three ways:
1. By profiting from the effects of the crime
2. By concealing the body, effects, or instruments of the crime in order to PREVENT ITS DISCOVERY;
3. By assisting in the escape or concealment of the principal of the crime
Requisites for one to become an accessory (2)
- KNOWLEDGE of the commission of the crime
- Took part SUBSEQUENT to the commission of the crime
When may knowledge be acquired to still be considered an accessory?
It may still be acquired subsequent to the commission of the crime
How can knowledge of the crime be established?
It may be established by circumstancial evidence
How should the crime committed by the principal be proved?
It must be proven beyond resonable doubt
Can those who participated either as a principal or as an accomplice be considered as an accessory?
No, one can only be an accessory if that person did not participate as a principal or as an accessory
What are the specific acts of accessories as contemplated in Article 19 of the RPC (3)
- By PROFITING themselves or assisting the offender to profit by the effects of the crime
- By CONCEALING or DESTROYING the body of the crime to PREVENT ITS DISCOVERY
- By HARBORING, CONCEALING, or ASSISTING in the ESCAPE of the principal of the crime
How may an accessory fall under par.1 of Art. 19 of the RPC (Profiting) (2)
- By profiting themselves by the effects of the crime
- By assisting the offender to profit by the effects of the crime
Can light felony fall under par. 1 of Art. 19 of the RPC? (Profiting)
No, it can be any crime, provided it is not a light felony
Can the accessory take the property without the consent of the principal?
No, otherwise that person will become a principal in the crime of theft
When is profiting by the effects of the crime punished as the act of principal, and not the act of accessory?
When a person knowingly acquired or received property taken by the brigands (Art. 307, RPC)
In kidnapping for ransom, are those who acted as runners or couriers in obtaining the ransom money considered to be accessories?
Yes
Should an accessory be in conspiracy with the principal?
No, otherwise that person will become a co-conspirator
Can light felony fall under par. 2 of Art. 19 of the RPC? (Concealing or destroying the body of the crime)
No, it can be any crime, provided it is not a light felony
English for Corpus Delicti (Latin)
Body of the crime
Does furnishing the means to make it appear that the deceased was armed, by placing a weapon in his hand when already dead, and that it was necessary to kill him on account of his resistance fall under par. 2 of Art. 19 of the RPC?
Yes, it counts as “destroying the body of the crime”
Does the mere act of CARRYING the cadaver of one unlawfully killed, when it was buried to prevent the discovery of the crime make one an accessory under par. 2 of Art. 19 of the RPC?
Yes, it is sufficient to make him responsible as an accessory under said paragraph
The indispensible requirement under par.2 of Art. 19 of the RPC regarding concealing or destroying the body of the crime or the effects or instruments of the crime
It must be done in order to PREVENT THE DISCOVERY OF THE CRIME
Does bringing in the body to the foot of the stairs of the house and leaving said body for anyone to see count as an attempt to conceal or destroy the body of the crime?
No, it must be done to prevent discovery of the crime
Define an encubridor
A person who receives any property from another, knowing that the same had been stolen.
Such person is guilty of the crime of theft, as an accessory
Requisites for public officers under par. 3 of Art. 19 of the RPC (harboring, concealing, or assisting in the escape of the principal of the crime) (4)
- The accessory is a PUBLIC OFFICER
- He HARBORS, CONCEALS, OR ASSISTS in the escape of the principal
- The public officer acts with ABUSE of PUBLIC FUNCTIONS
- The crime committed by the principal is any crime, provided it is NOT A LIGHT FELONY
Requisites for private persons under par. 3 of Art. 19 of the RPC (harboring, concealing, or assisting in the escape of the principal of the crime) (3)
- The accessory is a PRIVATE PERSON
- He HARBORS, CONCEALS, OR ASSISTS in the escape of the principal
- That the crime committed by the principal is either:
a. treason
b. parricide
c. murder
d. attempt against the life of the President; or
e. prinicpal is KNOWN to be habitually guilty of some other crime
What do you mean by “habitually guilty of some other crime”
When a person was previously punished three times for less serious phyiscal injuries
Is knowledge of the principal being habitually guilty of some other crime required for one to become a principal by assists in his escape?
Yes, because the law says “or is KNOWN to be habitually guilty of some other crime”
Is a mayor who refused to prosecute the offender an acessory?
Yes
Is the one who kept silent with regard to the crime he witnessed an acessory?
No, but if that person volunteered false information to deceive prosecution, then he is liable as an accessory
Are accessories’ liability primary and original in itself? Meaning it does not follow any other liability?
No, it is subordinate and subsequent to that of the principal in a crime
When is conviction of accessory possible, even if principal is acquitted?
It is possible if the crime was in fact committed, but the principal was not held criminally liable, because of an exempting circumstance (Art. 12)
May the trial of an accessory proceed without awaiting the result of the separate charge against the principal?
Yes, the corresponding responsibilities of the principal, accomplice or accessory are distinct from each other. As long as the commission of the offense can be duly established in evidence, the determination of the liability of the accomplice or accessory can proceed independetly of that of the principal
When the alleged principal is acquitted, may the accessory still be convicted?
Yes, where the commission of the crime and the responsibility of the accused as an accessory are established, the accessory can be convicted, notwithstanding the acquittal of the principal
What does the spanish text provide with regards to conviction of the accessory in relation to the conviction or acquittal of the principal?
It is not necessary that the principal should be first declared guilty before the accessory can be made liable as such
Can there be an accessory even after the principal was convicted?
Yes, by presenting oneself to serve out the sentence in lieu of the real culprit. But the crime committed by the real culprit must be the following:
1. Treason
2. Parricide
3. Murder
4. Attempt to take the life of the President
5. Known to be habitually guilty of some other crime
Title of P.D. 1612
Anti-Fencing Law of 1979
Define “Fencing” as under Anti-Fencing Law of 1979
The act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft
Define “Fence” as under Anti-Fencing Law of 1979
Any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing (in short, “ready buyers of stolen property”)
Penalty if value in fencing is more than P12,000 but not exceeding P22,000
Prision mayor
Penalty if value in fencing is more than P22,000
Prision mayor, in its maximum period, adding one year for each additional P10,000, but total penalty not to exceed 20 years (reclusion temporal)
Penalty if value in fencing is more than P6,000 but not exceeding P12,000
Prision correccional in its medium and maximum periods
Penalty if value in fencing is more than P200 but not exceeding P6,000
Prision correccional in its minimum and medium periods
Penalty if value in fencing is more than P50 but not exceeding P200
Arresto mayor in its medium period to prision correccional in its minimum period
Penalty if value in fencing is more than P5 but not exceeding P50
Arresto mayor in its medium period
Penalty if value in fencing does not exceed P5
Arresto mayor in its minimum period
Presumption of fencing
Mere possession of any goods, article, item, object, or anything of value which has been the subject of robbery or thievery shall be PRIMA FACIE evidence of fencing
Effective date of Anti Fencing Law of 1979
March 2, 1979
Can an accessory in robbery and theft be a principal in fencing?
Yes, thanks to P.D. No. 1612, aka Anti-Fencing Law of 1979
Are crimes of robbery and theft, and fencing are one and the same?
No, they are separate and distinct offenses
Should those guilty of the Anti-Fencing Law of 1979 be proscuted under said law?
No, the state has the option to prosecute in either said special law or the RPC, although there is preference for the special law since fencing is malum prohibitum and that the special law inflicts higher penalties based on the value of the property
Distinguish accessory from principal and from accomplice (3)
- The accessory does not take direct part or cooperate in, or induce the commission of the crime
- The accessory does not cooperate in the commission of the offense by acts either prior thereto or simultaneous therewith
- The participation of the accessory in all cases always takes place AFTER the commission of the crime
