Module 1.4: Persons Criminally Liable

1. Learning Objectives

To identify and differentiate the various classifications of offenders based on their participation in a crime.
To understand the concept of conspiracy and its implications on criminal liability.
To determine the corresponding penalties for each degree of participation.
To recognize the special rules and exemptions related to criminal liability.
To distinguish between different types of offenders based on the frequency of their offense.

2. Classification of Persons Liable (Art. 16-20, RPC)

A. PRINCIPALS (Art. 17)

A principal is a person who plays a primary role in the commission of a crime. There are three ways a person can be considered a principal:

Principal by direct participation: This is the most common type of principal, who personally takes part in the execution of the crime.
Principal by inducement: This person does not directly commit the crime but instead convinces or influences another to do so.
Principal by indispensable cooperation: This individual does not directly participate in the crime but provides essential assistance without which the crime could not have been committed.

Sa madaling salita, ang Principal ay ang mga "bida" sa krimen. Pwedeng siya mismo ang gumawa (direct participation), siya ang nag-utos o nag-udyok (inducement), o siya ang nagbigay ng tulong na kung wala iyon, hindi magagawa ang krimen (indispensable cooperation).

B. ACCOMPLICES (Art. 18)

An accomplice is a person who, while not a principal, cooperates in the execution of the offense by previous or simultaneous acts.

Definition and elements: An accomplice is one who knowingly and willingly cooperates with the principal in the commission of a crime but whose participation is not indispensable.
Distinction from principals: The main difference between an accomplice and a principal is the level of their participation. An accomplice's involvement is not essential for the crime's commission, while a principal's is.

Ang Accomplice ay ang "kasabwat" o katulong sa krimen. Hindi siya ang utak o ang pangunahing gumawa, pero tumulong siya. Ang tulong niya ay hindi "indispensable" o sobrang kailangan para mangyari ang krimen, pero nakatulong pa rin ito sa pag-execute ng plano.

C. ACCESSORIES (Art. 19)

An accessory is a person who, with knowledge of the commission of a crime, subsequently takes part in it in one of three ways:

Three modes of becoming accessory:
1. By profiting from 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 for gain and without having participated in the crime as a principal.
Exemption of accessories (Art. 20): An accessory is exempt from criminal liability if the principal is a close relative, such as a spouse, ascendant, descendant, legitimate, natural, or adopted brother, sister, or relative by affinity within the same degrees.

Ang Accessory ay ang "tagasalo" o "tagalinis" pagkatapos ng krimen. Alam niyang may nangyaring krimen pero imbis na i-report, tinulungan pa niya ang kriminal. Halimbawa, tinago niya yung nagnakaw, o binenta niya yung ninakaw na gamit. Tandaan: exempted ang accessory kung malapit siyang kamag-anak ng principal (asawa, magulang, anak, kapatid).

3. Conspiracy and Its Effects on Criminal Liability

When conspiracy exists, act of one is act of all: In a conspiracy, the act of one conspirator is considered the act of all, and all are held equally liable.
Implied vs Express conspiracy:
- Express conspiracy: Occurs when there is a direct agreement among the conspirators.
- Implied conspiracy: Inferred from the acts of the offenders, which show a common purpose or design.

Ang Conspiracy ay nangangahulugang may "sabwatan" o usapan ang dalawa o higit pang tao para gumawa ng krimen. Kapag may conspiracy, lahat ng kasabwat ay pare-pareho ang pananagutan, kahit hindi sila lahat ang direktang gumawa. Ito ang tinatawag na "the act of one is the act of all." Kahit lookout ka lang, kung kasama ka sa plano, pareho kayo ng kaso ng gunman.

4. Degree of Participation, Penalties, and Special Rules

The degree of participation in a crime determines the severity of the penalty. Principals receive the highest penalty, followed by accomplices, and then accessories.

The Revised Penal Code provides specific penalties for each type of offender:

Penalty for Principals: The full penalty prescribed by law for the crime committed.
Penalty for Accomplices: A penalty one degree lower than that prescribed for the principal.
Penalty for Accessories: A penalty two degrees lower than that prescribed for the principal.

Ang parusa ay nakadepende sa level ng iyong involvement. Kung ikaw ang Principal, ikaw ang tatanggap ng pinakamabigat na parusa. Kung ikaw ay Accomplice (kasabwat), ang parusa mo ay mas magaan ng isang degree. Kung ikaw naman ay Accessory (tagatago), ang parusa mo ay mas magaan ng dalawang degree. Mas mabigat ang kasalanan, mas mabigat ang parusa.

There are also special rules to consider:

Light felonies - only principals and accomplices liable: In light felonies, only principals and accomplices are held criminally liable. Accessories are exempt. This is because light felonies are minor offenses, and the law does not concern itself with accessories after the fact for such minor infractions.
Accessories exempt when principal is relative: As mentioned in Art. 20, accessories are exempt from liability if the principal is a close relative. This is based on the law's recognition of the ties of blood and the natural inclination to protect one's family, even if they have committed a crime.

May mga special rules tayo na dapat tandaan:

Sa Light Felonies (mabibigat na kasalanan): Ang mga principals at accomplices lang ang mananagot. Ang mga accessories ay absuwelto. Halimbawa, sa "slight physical injuries," kung tinulungan mong itago ang nanakit, hindi ka kakasuhan bilang accessory.
Exemption para sa Kamag-anak: Kung ang tinulungan mong itago (principal) ay asawa, magulang, anak, o kapatid mo, hindi ka pwedeng kasuhan bilang accessory. Kinikilala ng batas ang pagmamahal sa pamilya.

6. Classification of Offenders by Recidivism

First-time offender: A person who has been convicted of a crime for the first time.
Recidivist (Art. 14, par. 9): A person who, at the time of their trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
Habitual delinquent (Art. 62): A person who, within a period of ten years from the date of their release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any of said crimes a third time or oftener.
Quasi-recidivist (Art. 160): A person who commits a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same.

Para mas klaro, ito ang pagkakaiba nila:

Recidivist (Reincidente): Nakagawa ka ng krimen. Nahatulan ka na. Tapos, gumawa ka ulit ng krimen na nasa parehong Title ng Revised Penal Code. Halimbawa, nagnakaw ka (Theft), nahatulan ka, tapos nagnakaw ka ulit (Robbery). Parehong nasa "Crimes Against Property" kaya recidivist ka.
Habitual Delinquent (Suki sa Krimen): Sa loob ng 10 taon mula nang ma-release ka, nakagawa ka ng tatlong beses o higit pa sa mga specific na krimen (tulad ng theft, robbery, estafa).
Quasi-recidivist: Nakagawa ka ng bagong krimen habang nagseserve ka ng sentence mo sa kulungan. Ito ang pinakamatindi, dahil special aggravating circumstance ito na hindi pwedeng i-offset ng mitigating circumstances.

7. Comparison Tables

Type of Offender	Participation	Penalty
Principal	Direct, by inducement, or indispensable cooperation	Highest
Accomplice	Cooperates but not indispensably	One degree lower than principal
Accessory	Assists after the crime	Two degrees lower than principal

8. 20 Multiple Choice Practice Questions with Answer Key and explanations

Who is considered a principal by direct participation? a) One who induces another to commit a crime b) One who personally takes part in the execution of the crime c) One who profits from the effects of the crime d) One who conceals the principal of the crime
What is the key difference between a principal and an accomplice? a) The accomplice is not aware of the crime. b) The principal's participation is indispensable. c) The accomplice receives a higher penalty. d) The principal must be a relative of the victim.
Which of the following is NOT a way to become an accessory? a) Profiting from the effects of the crime b) Concealing the body of the crime c) Inducing the principal to commit the crime d) Harboring the principal of the crime
In a conspiracy, what is the rule regarding liability? a) Only the mastermind is liable. b) Each conspirator is liable for their own acts. c) The act of one is the act of all. d) The liability is divided equally among the conspirators.
What is the penalty for an accomplice compared to a principal? a) The same penalty b) One degree higher c) One degree lower d) Two degrees lower
In which of the following cases is an accessory exempt from criminal liability? a) If the principal is a close friend b) If the accessory did not profit from the crime c) If the principal is a spouse or close relative d) If the accessory reports the crime to the authorities
Who is liable in the case of a light felony? a) Only the principal b) The principal and the accomplice c) The principal, accomplice, and accessory d) No one is liable
A person who commits a crime for the third time within ten years of their last conviction is known as a: a) Recidivist b) First-time offender c) Habitual delinquent d) Quasi-recidivist
What is quasi-recidivism? a) Committing a crime for the first time b) Committing a crime while serving a sentence for a previous offense c) Committing a crime after being pardoned d) Committing a crime in a different country
What is an implied conspiracy? a) A written agreement to commit a crime b) An oral agreement to commit a crime c) Inferred from the acts of the offenders d) A conspiracy that was not successful
Which of the following is a principal by inducement? a) A person who drives the getaway car b) A person who provides the weapon for the crime c) A person who convinces another to commit a crime d) A person who stands guard during the crime
What distinguishes a principal by indispensable cooperation from an accomplice? a) The timing of the cooperation b) The degree of necessity of the cooperation c) The relationship with the principal d) The motive for the cooperation
Which of the following is an example of an accessory? a) A person who helps plan a robbery b) A person who provides a hideout for a robber after the crime c) A person who drives the getaway car during a robbery d) A person who encourages another to commit a robbery
What is the effect of the "act of one is the act of all" doctrine in a conspiracy? a) All conspirators receive different penalties. b) All conspirators are held equally liable. c) Only the one who executed the act is liable. d) The liability is based on the degree of participation.
What is the penalty for an accessory compared to a principal? a) The same penalty b) One degree lower c) Two degrees lower d) Three degrees lower
Who is exempt from criminal liability as an accessory? a) A stranger who harbors the principal b) A friend who profits from the crime c) A brother who conceals the principal d) A neighbor who hides the stolen goods
A recidivist is a person who has been previously convicted of a crime in the: a) Same title of the Revised Penal Code b) Same chapter of the Revised Penal Code c) Same article of the Revised Penal Code d) Any title of the Revised Penal Code
What is the main characteristic of a habitual delinquent? a) They commit a crime for the first time. b) They commit a crime while on probation. c) They commit a crime multiple times within a specific period. d) They commit a crime outside of their jurisdiction.
Which of the following is NOT a principal? a) The person who shoots the victim b) The person who pays the gunman to shoot the victim c) The person who provides the gun to the gunman d) The person who cleans up the crime scene
What is the primary basis for classifying offenders by their participation? a) Their motive b) Their relationship with the victim c) The degree of their involvement in the crime d) The time of their involvement

Answer Key and Explanations

b) One who personally takes part in the execution of the crime. This is the definition of a principal by direct participation as per Art. 17 of the RPC.
b) The principal's participation is indispensable. A principal's involvement is essential for the crime, while an accomplice's is not.
c) Inducing the principal to commit the crime. This makes one a principal by inducement, not an accessory.
c) The act of one is the act of all. In a conspiracy, all conspirators are held equally liable for the acts of their co-conspirators.
c) One degree lower. An accomplice's penalty is one degree lower than that of a principal.
c) If the principal is a spouse or close relative. Art. 20 of the RPC provides for this exemption.
a) Only the principal. In light felonies, only the principal is held liable.
c) Habitual delinquent. This is the definition of a habitual delinquent under Art. 62 of the RPC.
b) Committing a crime while serving a sentence for a previous offense. This is the definition of a quasi-recidivist under Art. 160 of the RPC.
c) Inferred from the acts of the offenders. An implied conspiracy is deduced from the concerted actions of the offenders.
c) A person who convinces another to commit a crime. This is the definition of a principal by inducement.
b) The degree of necessity of the cooperation. A principal by indispensable cooperation's involvement is essential, whereas an accomplice's is not.
b) A person who provides a hideout for a robber after the crime. This is an act of an accessory, as it involves assisting in the escape of the principal.
b) All conspirators are held equally liable. The doctrine means that all participants in a conspiracy share the same level of liability.
c) Two degrees lower. An accessory's penalty is two degrees lower than that of a principal.
c) A brother who conceals the principal. Close relatives are exempt from liability as accessories.
a) Same title of the Revised Penal Code. This is the definition of a recidivist under Art. 14, par. 9 of the RPC.
c) They commit a crime multiple times within a specific period. A habitual delinquent is someone who commits specified crimes multiple times within a ten-year period.
d) The person who cleans up the crime scene. This would make them an accessory, not a principal.
c) The degree of their involvement in the crime. The classification of offenders is based on the extent of their participation in the commission of the crime.