Article 20

Question 1

Title of Art. 20 of the RPC

Answer 1

Accessories who are exempt from criminal liability

Question 2

Grounds for exemption under Art. 20 of the RPC (2)

Answer 2

1. Ties of blood
2. Preservation of the cleanliness of one’s name

Question 3

Principals related to accessories exempt from criminal liability (4)

Answer 3

An accessory is exempt from criminal liability, when the principal is his/her:
1. Spouse; or
2. Ascendant; or
3. Descendant; or
4. Legitimate, natural or adopted, brother, sister or relative by affinity within the same degree

Question 4

In a group of 5 principals and 1 accessory, and that the accessory is only a brother to 2 of the principals, can the accessory be exempted?

Answer 4

Yes, under Art. 20 of the RPC

Question 5

What kind of ground does Art. 20 of the RPC provide?

Answer 5

Absolutory cause of relationship in favor of accessories

Question 6

Is the relationship between uncle and nephew included in Article 20?

Answer 6

No

Question 7

Exceptions provided in Article 20 when an accessory is not exempt despite the relationship (2)

Answer 7

1. By profting by the effects of the crime
2. By assisting the offender to profit by the effects of the crime

Question 8

Reason for the exception in Article 20

Answer 8

Because such acts are not by affection but by a DETESTABLE GREED

Question 9

Suppose a husband conceals the property stolen by his wife in order to profit from it later, is he liable as accessory?

Answer 9

Yes, because his said act is prompted not by affection but by a detestable greed

Question 10

Suppose A who committed parricide by killing his wife, went to his adopted brother to hide in the latter’s house and his adopted brother harbored and concealed A because he gave his adopted brother P1,000, is the brother an accessory? Is he criminally liable?

Answer 10

He is an accessory, because knowing that A committed parricide, he harbored and concealed him. But he is not criminally liable, because he did not profit by the effects of the crime. The P1,000 received by him from A was not the effect of the crime of parricide

Question 11

Suppose a public officer who, with evident abuse of his office, furnished the means of escape to his brother who had committed murder, is he criminally liable as accessory?

Answer 11

He is an accessory, but still not criminally liable. Ties of blood or relationship constitutes a more poweful incentive than the call of duty

Question 12

The only instance where the accessory who is related to the offender incurs criminal liability

Answer 12

In the instance where accessories who profited or helped the offender profit by the effects of the crime