Impacto clínico

it would not have been accomplished.

 Principals by Direct Participation

Requisites for 2 or more to be principals by direct participation:

a. participated in the criminal resolution (conspiracy)

b. carried out their plan and personally took part in its execution by acts which directly tended to the same end

 Conspiracy – Is unity of purpose and intention. Establishment of Conspiracy

a. proven by overt act

b. Not mere knowledge or approval

c. It is not necessary that there be formal agreement.

d. Must prove beyond reasonable doubt e. Conspiracy is implied when the accused had

a common purpose and were united in execution.

f. Unity of purpose and intention in the commission of the crime may be shown in the following cases:

1. Spontaneous agreement at the moment of the commission of the crime

2. Active Cooperation by all the offenders in the perpetration of the crime 3. Contributing by positive acts to the

realization of a common criminal intent 4. Presence during the commission of the crime by a band and lending moral support thereto.

g. 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.

 Conspirator not liable for the crimes of the other which is not the object of the conspiracy or is not a logical or necessary consequence thereof

 Multiple rape – each rapist is liable for another’s crime because each cooperated in the

commission of the rapes perpetrated by the others

 Exception: in the crime of murder with treachery – all the offenders must at least know that there will be treachery in executing the crime or cooperate therein.

Example: Juan and Pedro conspired to kill Tomas without the previous plan of treachery. In the crime scene, Juan used treachery in the presence of Pedro and Pedro knew such. Both are liable for murder. But if Pedro stayed by the gate while Juan alone killed Tomas with treachery, so that Pedro didn’t know how it was carried out, Juan is liable for murder while Pedro for homicide.

 No such thing as conspiracy to commit an offense through negligence. However, special laws may make one a co-principal. Example: Under the Pure Food and Drug Act, a storeowner is liable for the act of his employees of selling adulterated coffee, although he didn’t know that coffee was being sold.

 Conspiracy is negatived by the acquittal of co- defendant.

 That the culprits “carried out the plan and personally took part in the execution, by acts which directly tended to the same end”:

a. The principals by direct participation must be at the scene of the crime, personally taking part, although he was not present in the scene of the crime, he is equally liable as a principal by direct participation. b. One serving as guard pursuant to the

conspiracy is a principal direct participation.  If the second element is missing, those who did not participate in the commission of the acts of execution cannot be held criminally liable, unless the crime agreed to be committed is treason, sedition, or rebellion.

 Principals by Induction

a. “Those who directly force or induce others to commit it”

b. Principal by induction liable only when principal by direct participation committed the act induced

c. Requisites:

1. inducement be made directly with the intention of procuring the commission of the crime

2. such inducement be the determining cause of the commission of the crime by the material executor

d. Forms of Inducements

1. By Price, reward or promise

2. By irresistible force or uncontrollable fear

d. Imprudent advice does not constitute sufficient inducement

e. Requisites for words of command to be considered inducement:

1. Commander has the intention of procuring the commission of the crime 2. Commander has ascendancy or

influence

3. Words used be so direct, so efficacious, so powerful

4. Command be uttered prior to the commission

5. Executor had no personal reason f. Words uttered in the heat of anger and in

the nature of the command that had to be obeyed do not make one an inductor.

INDUCTOR PROPOSES TO

COMMIT A FELONY

Induce others Same

Liable only when the crime is executed

Punishable at once when proposes to commit rebellion or treason. The person to whom one proposed should not commit the

crime, otherwise the latter becomes an inductor

Covers any crime Covers only treason and rebellion

 Effects of Acquittal of Principal by direct participation on liability of principal by inducement

a. Conspiracy is negated by the acquittal of the co-defendant.

b. One can not be held guilty of instigating the commission of the crime without first showing that the crime has been actually committed by another. But if the one charged as principal by direct participation be acquitted because he acted without criminal intent or malice, it is not a ground for the acquittal of the principal by inducement.

 Principals by Indispensable Cooperation a. “Those who cooperate in the commission of

the offense by another act without which it would not have been accomplished” b. Requisites:

1. Participation in the criminal resolution 2. Cooperation through another act

(includes negligence)

 *there is collective criminal responsibility when the offenders are criminally liable in the same manner and to the same extent. The penalty is the same for all.

 there is individual criminal responsibility when there is no conspiracy. Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.

 Requisites:

a. there be a community of design (principal originates the design, accomplice only concurs)

b. he cooperates in the execution by previous or simultaneous acts, intending to give material and moral aid (cooperation must be knowingly done, it must also be necessary and not indispensable

c. There be a relation between the acts of the principal and the alleged accomplice  Examples: a) Juan was choking Pedro. Then

Tomas ran up and hit Pedro with a bamboo stick. Juan continued to choke Pedro until he was dead. Tomas is only an accomplice because the fatal blow came from Juan. b) Lending a dagger to a killer, knowing the latter’s purpose.  An accomplice has knowledge of the criminal

design of the principal and all he does is concur with his purpose.

 There must be a relation between the acts done by the principal and those attributed to the person charges as accomplice

 In homicide or murder, the accomplice must not have inflicted the mortal wound.

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