ARTICLES 16-24

Question 1

Who are liable for grave and less grave felonies?

Answer 1

Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:
1. Principals.
2 . Accomplices.
3 . Accessories.

Question 2

Who are liable for light felonies?

Answer 2

The following are criminally liable for light felonies:
1. Principals.
2 . Accomplices.

Question 3

T or F
When a crime is committed by many, without being equally shared by all, a different degree of responsibility is imposed upon each and every one of them.

Answer 3

True.

Question 4

Why are accessories not liable for light felonies?

Answer 4

In view of the omission of accessories in naming those liable for light felonies, the accessories are not liable for light felonies.

Reason: In the commission of light felonies, the social wrong as well as the individual prejudice is so small that penal sanction is
deemed not necessary for accessories.

Question 5

What are the rules as regards to light felonies?

Answer 5

Rules relative to light felonies:

1. Light felonies are punishable only when they have been consummated. (Art. 7)
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. (Art. 7)
3. Only principals and accomplices are liable for light felonies. (Art. 16)
4. Accessories are not liable for light felonies, even if they are committed against persons or property. (Art. 16)

Question 6

What are the instances wherein accessories are liable for light felonies?

Answer 6

None. Accessories are not liable for light felonies, even if they are committed against persons or property. (Art. 16)

Question 7

T or F
In all crimes there are always two parties, namely: the active subject (the criminal) and the passive subject (the injured party).

Answer 7

True.

Question 8

T or F

Juridical and natural persons can be the active subject of crime.

Answer 8

False.
Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility.

Only a natural person can be the offender because —

(a) The Revised Penal Code requires that the culprit should have acted with personal malice or negligence. An artificial or juridical person cannot act with malice or negligence.
(b) A juridical person, like a corporation, cannot commit a crime in which a willful purpose or a malicious intent is required.

Question 9

T or F
Only the officers of the corporation who participated either as principals by direct participation or principals by induction
or by cooperation, or as accomplices in the commission of an act punishable by law are liable.

Answer 9

True.

Question 10

T or F

Corpse or animal cannot be passive subject.

Answer 10

True.

Question 11

Corpse or animal cannot be passive subject, but there is an exception. What is the exception?

Answer 11

Under Art. 353, the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead.

Question 12

Who are deemed principals?

Answer 12

Art. 17. Principals. — The following are considered principals:
1 . Those who take a direct part in the execution of the act; - DIRECT PARTICIPATION
2 . Those who directly force or induce others to commit it. - INDUCTION
3 . Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. - INDISPENSABLE COOPERATION

Question 13

When is there conspiracy?

Answer 13

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

Question 14

T or F
To be a party to a conspiracy, one must have the intention to participate in the transaction with a view to the furtherance of the common design and purpose.

Answer 14

True.

Question 15

T or F
In order to hold an accused guilty as co-principal by reason of
conspiracy, it must be established that he performed an overt act in
furtherance of the conspiracy, either by actively participating in the
actual commission of the crime, or by lending moral assistance to
his co-conspirators by being present at the scene of the crime, or by
exerting moral ascendancy over the rest of the conspirators as to move
them to executing the conspiracy.

Answer 15

True.

Question 16

T or F
Mere knowledge, acquiescence, or approval of the act without
cooperation or agreement to cooperate is not enough to constitute one
a party to a conspiracy, but that there must be intentional participation in the transaction with a view to the furtherance of the common
design and purpose.

Answer 16

True.

Question 17

T or F

Silence does not make one a conspirator.

Answer 17

True.
Silence is not a circumstance indicating participation in the same
criminal design.

Question 18

T or F

Formal agreement or previous acquaintance among several persons is necessary in conspiracy.

Answer 18

False. Not necessary.
In conspiracy, no formal agreement among the conspirators is necessary, not even previous acquaintance among themselves; it is sufficient that their minds meet understanding so as to bring about an
intelligent and deliberate agreement to commit the offense charged.

Question 19

T or F

Conspiracy must be established by positive and conclusive evidence.

Answer 19

True.

Question 20

T or F
While conspiracy may be implied from the circumstances attending the commission of the crime, it is nevertheless a rule that
conspiracy must be established by positive and conclusive evidence.

Answer 20

True.

Question 21

T or F

When there is no conspiracy, each of the offenders is liable only for the act performed by him.

Answer 21

True.

Question 22

T or F

Where there is conspiracy, the act of one is the act of all. There is collective criminal responsibility.

Answer 22

True.

Question 23

T or F
Where conspiracy ha s been adequately proven, all the conspirators are liable as co-principals regardless of the extent and
character of their participation because in contemplation of law, the act of one is the act of all. The degree of actual participation by each of the conspirators is immaterial. As conspirators, each is equally responsible for the acts of their co-conspirators.

Answer 23

True.

Question 24

T or F

There could be no conspiracy to commit an offense through negligence.

Answer 24

True.
Since conspiracy presupposes an agreement and a decision to commit a felony, when it appears that the injuries inflicted on the offended
party were due to the reckless imprudence of two or more persons, it
is not proper to consider conspiracy between or among them.

Question 25

T or F
In cases of criminal negligence or crimes punishable by special law, allowing or failing to prevent an act to be performed
by another, makes one a co-principal.

Answer 25

True.
Thus, a professional driver of a passenger truck who allowed his conductor to drive the truck which, while being driven by the latter, bumped a jeepney resulting in the death of one jeepney passenger, was held criminally liable as co-principal of homicide and damage to property through reckless imprudence under Act No. 3992 and Art.
365 of the Revised Penal Code.

Question 26

What are the two ways in which one becomes a principal by induction?

Answer 26

There are two ways of becoming a principal by induction under the second paragraph of Art. 17, namely:

(1) by directly forcing another to commit a crime, and
(2) by directly inducing another to commit a crime.

Question 27

What are the ways in inducing another to commit a crime?

Answer 27

There are two ways of directly inducing another to commit a

crime. They are:
a. By giving price, or offering reward or promise
b. By using words of command.

Question 28

What requisites must be present in order that person using words of command may be held liable as principal under paragraph No. 2 of Art. 17?

Answer 28

(1) That the one uttering the words of command must have the intention of procuring the commission of the crime.
(2) That the one who made the command must have an ascendancy or influence over the person who acted.
(3) That the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion.
(4) The words of command 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.

Question 29

What are the requisites to be met for one to be considered principal by indispensable cooperation?

Answer 29

Requisites:

1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and
2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished.

Question 30

What does quasi-collective criminal responsibility mean?

Answer 30

Between collective criminal responsibility and individual criminal responsibility, there is the so-called quasi-collective criminal
responsibility.

In quasi-collective criminal responsibility, some of the offenders in the crime are principals and the others are accomplices.

Question 31

T or F
The participation of an accomplice or accessory presupposes the commission of the crime by the principal by direct participation.

Answer 31

True,

Question 32

T or F
In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of a principal.

Answer 32

True.

Question 33

T or F
In criminal cases, the participation of the accused must be established by the prosecution by positive and competent evidence. It cannot be presumed.

Answer 33

True.

Question 34

T or F
An accomplice does not have previous agreement or understanding or is not in conspiracy with the principal by direct
participation.

Answer 34

True. He only participates in a certain point in the commission of the crime.

Question 35

Compare and contrast conspirators and accomplices

Answer 35

Conspirators and accomplices have one thing in common: they know and agree with the criminal design.

Conspirators, however, know the criminal intention because they themselves have decided upon such course of action. Accomplices come to know about it after
the principals have reached the decision, and only then do they agree to cooperate in its execution. Conspirators decide that a crime should be committed; accomplices merely concur in it. Accomplices do not
decide whether the crime should be committed; they merely assent to the plan and cooperate in its accomplishment. Conspirators are the authors of a crime; accomplices are merely instruments who perform acts not essential to the perpetration of the offense.

Question 36

What are the requisites in order that a person be considered an accomplice?

Answer 36

1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he
   concurs with the latter in his purpose;
2. (ACT IS NOT INDISPENSABLE) That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying
   material or moral aid in the execution of the crime in an efficacious way; and
3. That there be a relation between the acts done by the principal and those attributed to the person charged as
   accomplice.

Question 37

How does an accomplice acquire knowledge of the criminal design of the
principal?

Answer 37

1. When the principal informs or tells the accomplice of the former’s criminal purpose.
2. When the accomplice saw the criminal acts of the principal.

Question 38

Who are accessories?

Answer 38

Art. 19. Accessories. — Accessories are 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 commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime
2. By concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery;
3 . By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime .

Question 39

T or F
An accessory must have knowledge of the commission of
the crime, and having that knowledge, he took part subsequent
to its commission.

Answer 39

True.

Question 40

T or F
A person who received any property from another, and used it, knowing that the same had been stolen, is guilty of the crime of theft as an accessory

Answer 40

True.

Question 41

T or F
A person who receives any property from another, which he knows to have been stolen, and sells the same for the thief to whom he gives the proceeds of the sale, is guilty of the crime of theft, as an accessory.

Answer 41

True.

Question 42

T or F

An accessory should not be in conspiracy with the principal.

Answer 42

True.

Question 43

When is conviction of accessory possible, even if principal is acquitted?

Answer 43

Conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact committed, but the principal was not held criminally liable, because of an exempting circumstance (Art. 12), such as insanity or minority. In exempting circumstances, there is a crime committed. Hence, there is a basis for convicting the accessory.

Question 44

T or F
If a minor, eight years old, stole a ring worth P500.00 and B, knowing that it has been stolen, buys it for P200.00, B is liable
as accessory in the crime of theft, even if the principal (the minor) is exempt from criminal liability.

Answer 44

True.

Question 45

T or F

For one to be found guilty and punished as an accessory, it is not necessary that there be a principal duly convicted

Answer 45

True.

Question 46

T or F

When the principal is not yet apprehended, the accessory may be prosecuted and convicted.

Answer 46

True.

As long as the corpus delicti is proved and the accessory’s participation as such shown, he can be held criminally responsible and meted out the corresponding penalty.

Question 47

What does corpus delicti mean?

Answer 47

Body or evidence of a crime.

Question 48

Distinguish accessory from accomplice and principal.

Answer 48

Accessory distinguished from principal and from accomplice.

1. The accessory does not take direct part or cooperate in, or induce, the commission of the crime.
2. The accessory does not cooperate in the commission of the offense by acts either prior thereto or simultaneous therewith.
3. The participation of the accessory in all cases always takes place AFTER the commission of the crime. An accessory does not participate in the criminal
   design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in any of the three ways mentioned in Article 19.

Question 49

When is an accessory exempted from criminal liability because of relations to the principal?

Answer 49

An accessory is exempt from criminal liability, when the principal is his —

(1) spouse, or
(2) ascendant, or
(3) descendant, or
(4) legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

EXCEPT WHEN such accessory :
(1) profited by the effects of the crime, or
(2) assisted the offender to profit
by the effects of the crime.

Question 50

The daughter stole the earrings and the mother pawned them as a pledge for her debt. Is the daughter an accessory?

Answer 50

No. Because she cannot be exempt by virtue of her relations under Article 20, which does not exempt accessories who profited from the crime.

Question 51

A son helped his father bury the body of a person whom the latter has murdered, in order to prevent its discovery. Is the son liable as an accessory?

Answer 51

No, under Article 20 of RPC.

Question 52

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

Answer 52

No. Such a public officer does not incur any criminal liability. Ties of blood or relationship constitutes a more powerful incentive than the call of duty.

Question 53

What is penalty?

Answer 53

Penalty is the suffering that is inflicted by the State for the transgression of a law.

Penalty in its general sense signifies pain; especially considered in the juridical sphere, it means suffering undergone, because of the action of human society, by one who commits a crime.

Question 54

What are the different juridical conditions of penalty?

Answer 54

Different juridical conditions of penalty:

1. Must be productive of suffering, without however affecting the integrity of the human personality.
2. Must be commensurate with the offense — different crimes must be punished with different penalties.
3. Must be personal — no one should be punished for the crime of another.
4. Must be legal — it is the consequence of a judgment according to law.
5. Must be certain — no one may escape its effects.
6. Must be equal for all.
7. Must be correctional.

Question 55

What is the purpose of the State in punishing crimes?

Answer 55

To secure justice. The State has an existence of its own to maintain, a conscience of its own to assert, and moral principles to be vindicated. Penal justice must therefore be exercised by the State
in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.

Question 56

What are the theories in justifying a penalty?

Answer 56

Theories justifying penalty:
(a) Prevention — The State must punish the criminal to prevent or suppress the danger to the State arising from the criminal acts of the offender.

(b) Self-defense — The State has a right to punish the criminal as a measure of self-defense so as to protect society from
the threat and wrong inflicted by the criminal.

(c) Reformation — The object of punishment in criminal cases is to correct and reform the offender.
(d) Exemplarity — The criminal is punished to serve as an example to deter others from committing crimes.
(e) Justice — That crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal.

Question 57

T or F

The Constitution directs that “excessive fines shall not be imposed, nor cruel and unusual punishment inflicted.”

Answer 57

True.

Question 58

T or F
No felony shall be
punishable by any penalty not prescribed by law prior to its commission.

Answer 58

True. Article 21.
This article is general in its provisions and in effect prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law.

Question 59

A was charged with “fraud or infringement of literary rights or property,” because A allegedly reproduced and sold fraudulent copies of another’s literary work. At that time, we had no copyright law. Can A be punished for such act?

Answer 59

No, because there was no law at that time

defining and penalizing the act.

Question 60

T or F
Penal laws shall have a retroactive effect in so far as they favor the person guilty of
a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code , although at the time of the
publication o f such laws a final sentence has been pronounced and the convict is serving the same .

Answer 60

True. Art 22

Question 61

T or f
Giving a law retroactive effect, if unfavorable to accused, will violate the constitutional inhibition as to ex post facto laws.

Answer 61

True.

Question 62

What is an ex post facto law?

Answer 62

An ex post facto law is one which:

(1) makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act;
(2) aggravates a crime, or makes it greater than it was, when committed;

(3) changes the punishment and inflicts a
greater punishment than the law annexed to the crime when committed;

(4) alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense;

(5) assuming to regulate civil rights
and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful;

(6) deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

Question 63

T or F
When the culprit is a habitual delinquent, he is not entitled to the benefit of the provisions of the new favorable statute.

Answer 63

True.

Question 64

Suppose the indemnity in favor of the heirs of the person unlawfully killed is reduced to l,000 by a new law, may the accused who committed the crime before the new law is enacted demand that he
be allowed to pay only l,000, instead of 3,000 as provided in the Civil Code?

Answer 64

Since this question refers to civil liability, the new law even if favorable to him cannot be given retroactive effect.

Question 65

T or F

Art 22 also applies to civil liabilities.

Answer 65

False.

Question 66

T or F
The rule that criminal laws have retroactive effect when favorable to the accused has no application where the new law is expressly made inapplicable to pending actions or existing causes of action.

Answer 66

True.

Question 67

T or F
A pardon by the offended party does no t extinguish criminal action except as provided in Article 344 of this Code ; but civil liability with regard to the interest of the injured part y is extinguished by
his express waiver .

Answer 67

True.

Question 68

T or F
Even if the injured party already pardoned the offender, the fiscal can still prosecute the offender. Such pardon by the offended
party is not even a ground for the dismissal of the complaint or information.

Answer 68

True, A crime committed is an offense against the State. In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the prosecution.

Question 69

T or F

Compromise does not extinguish criminal liability

Answer 69

True.

Question 70

What are the measures of prevention or safety which are not considered penalties?

Answer 70

The following shall no t be considered as penalties.

1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.

2 . The commitment o f a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein.

3 . Suspension from the employment or public office during the trial or in order to institute proceedings.

4 . Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates.

5 . Deprivation of rights and the reparations which the civil law may establish in penal form.