Persons Liable for Felonies

Question 1

Who are criminally liable

Answer 1

For less and grave felonies: principals, accomplices, and accessories

For light felonies: principals and accomplices

Question 2

Principals

Answer 2

1. those who take direct part in the execution of act
2. those who directly force/induce others to commit it
3. those who cooperate in the commission of the offense by another act, w/o it which it would not been accomplished.

Question 3

Principals by direct participation

Answer 3

Those who materially execute the crime. Must appear in the crime scene.
if he doesnt appear, he isnt liable:
1. Non-appearance is desistance
2. conspiracy is not a crime
3. no basis for CL

Question 4

Principals by Inducement (Mastermind)

Answer 4

The inducer’s utterances must be of such nature and made in such a manner as to become the determining cause of the crime. They are liable even if they did not appear in the scene of the crime.

Question 5

How does an inducer induce another?

Answer 5

Either by command (precepto) or for a consideration (pacto) or similar acts.

Question 6

Principals by indispensable cooperation

Answer 6

There must be direct participation in the criminal design by another act which the crime would not have been committed.

May be a co-conspirator under implied conspriacy

Question 7

Accomplices

Answer 7

not being a principal, cooperates in the execution of the offense by previous or simultaneous acts. His role in the perpetration is of a minor character.
1. offender should take part in the execution
2. intends to take part in the commission
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Question 8

Accessories

Answer 8

Those who:

1. have knowledge of the crime without having participated therein
2. take part subsequent to the commission thru:
   - profiting/assisting the offender to profit from the effects of crime
   - concealing/destroying body/effects
   - helping principal escape

Question 9

When are accessories exempt?

Answer 9

When they are the offender’s spouse, ascendant, descendant, legitimate, natural and adopted bros and sis or relatives within same affinity.