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.
Example of Par 1: person received and used property from another, knowing it was stolen Example of Par 2: placing a weapon in the hand
of the dead who was unlawfully killed to plant evidence, or burying the deceased who was killed by the principals
Example of Par 3: a) public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions, b) private persons who harbor, conceal or assist in the escape of the author of the crime – guilty of treason, parricide, murder or an attempt against the life of the President, or who is known to be habitually guilty of some crime.
General Rule: Principal acquitted, Accessory also acquitted
Exception: when the crime was in fact committed but the principal is covered by exempting circumstances.
Example: Minor stole a ring and Juan, knowing it was stolen, bought it. Minor is exempt. Juan liable as accessory
Trial of accessory may proceed without awaiting the result of the separate charge against the principal because the criminal responsibilities are distinct from each other
Liability of the accessory – the responsibility of the accessory is subordinate to that of a principal in a crime because the accessory’s participation therein is subsequent to its commission, and his guilt is directly related to the principal. If the principal was acquitted by an exempting circumstance the accessory may still be held liable.
Difference of accessory from principal and accomplice:
a. Accessory does not take direct part or cooperate in, or induce the commission of the crime
b. Accessory does not cooperate in the commission of the offense by acts either prior thereto or simultaneous therewith c. Participation of the accessory in all cases
always takes place after the commission of the crime
d. Takes part in the crime through his knowledge of the commission of the offense.
Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to conceal crimes committed by relatives so near as those mentioned.
Nephew and Niece not included
Accessory not exempt when helped a relative- principal by profiting from the effects of the crime, or assisted the offender to profit from the effects of the crime.
Only accessories covered by par 2 and 3 are exempted.
Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty.
PENALTY – suffering inflicted by the State for the transgression of a law.
a. retribution or expiation – penalty commensurate with the gravity of the offense
b. correction or reformation – rules which regulate the execution of penalties consisting of deprivation of liberty
c. social defense – inflexible severity to recidivists and habitual delinquents
Juridical Conditions of Penalty
a. Must be productive of suffering – limited by the integrity of human personality
b. Must be proportionate to the crime
c. Must be personal – imposed only upon the criminal
d. Must be legal – according to a judgment of fact and law
e. Must be equal – applies to everyone regardless of the circumstance
f. Must bee correctional – to rehabilitate the offender
Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission.
Guarantees that no act of a citizen will be considered criminal unless the State has made it so by law and provided a penalty
Except: When the penalty is favorable to the criminal
Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor the persons 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 of such laws a final sentence has been pronounced and the convict is serving the same.
General Rule: Criminal laws are given prospective effects
Exception: Give retroactive effect when favorable to the accused. Ex. Special law made the penalty less severe – but must refer to the same deed or omission penalized by the former statute
New law may provide that its provisions not to be applied to cases already filed in court at the time of the approval of such law.
The favorable retroactive effect of a new law may find the defendant in one of the 3 situations
a. crime has been committed and the prosecution begins
b. sentence has been passed but service has not begun
c. sentence is being carried out.
Habitual criminal (person who within the pd of 10 years from date of release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any said crimes a third time or oftener) is NOT entitled to the benefit of the provisions of the new favorable law.
Civil liabilities not covered by Art 22 because rights of offended persons are not within the gift of arbitrary disposal of the State.
But new law increasing civil liability cannot be given retroactive effect.
Retroactivity applicable also to special laws The right to punish offenses committed under
an old penal law is not extinguished if the offenses are still punished in the repealing penal law. However, if by re-enactment of the provisions of the former law, the repeal is by implication and there is a saving clause, criminal liability under the repealed law subsists.
No retroactive effect of penal laws as regards jurisdiction of the court. Jurisdiction of the court
is determined by the law in force at the time of the institution of the action, not at the time of the commission of the crime.
Jurisdiction of courts in criminal cases is determined by the allegations of the complaint or information, and not by the findings the court may make after trial.
When a law is ex post facto
a Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. b Aggravates the crime or makes it greater
than it was when committed.
c Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed.
d 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 crime.
e Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful.
f Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal or a proclamation of amnesty.
Bill of Attainder – a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative for a judicial determination of guilt.
Effect of change of Penal Law
a With enactment of a penal law punishing the offense – the action is not dismissed. The penalty in the new law if favorable to the accused.
b Without enactment of a penal law punishing the offense - the previous offense is obliterated and the action is dismissed.
Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.
Even if injured party already pardoned the offender – fiscal can still prosecute. Not even considered a ground for dismissal of the information. Exception: Art 344 - crimes of seduction, abduction, rape or acts of lasciviousness – pardon must be expressed. Basis: crime is an offense against the State.
Aggrieved party only a witness.
Only Chief Executive can pardon the offenders Can’t compromise criminal liability, only civil
liability – but it still shall not extinguish the public action for the imposition of the legal penalty.
Offended party in the crimes of adultery and concubinage can’t institute criminal prosecution if he shall have consented or pardoned the offenders.
Pardon in adultery and concubinage may be implied – continued inaction after learning of the offense. Must pardon both offenders. The pardon afforded the offenders must come
BEFORE the institution of the criminal proceedings. Complaint for any of the above- mentioned crimes in Art 344 will still be prosecuted by the court on the ground that the pardon (basis for the motion to dismiss) was given after the filing of the complaint.
The only act that extinguishes the penal action, after the institution of criminal action, is the marriage between the offender and the offended party
Pardon under Art 344 is only a bar to criminal prosecution. It DOES NOT extinguish criminal liability. It is not one of the causes that totally extinguish criminal liability in Art 89.
Civil liability with regard to the interest of the injured party is extinguished by his express waiver because personal injury may be repaired through indemnity anyway. State has no reason to insist on its payment.
Art. 24. Measures of prevention or safety which are nor considered penalties. — The following shall not be considered as penalties:
1. The arrest and temporary detention of