4. Marco referencial
4.1 Marco Teórico
4.1.3 La Energia Solar en Colombia
o No. There is only one crime of homicide, as there is only one victim. The number of crimes committed does not depend on the number of co-conspirators.
If rape was committed by 2 or more persons, what
happens?
o Commission of rape by two or more persons is a qualifying circumstance that requires imposition of RP/death.
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o Ex. The husband raped the victim, while the wife of the accused held back the arms of the victim.
HELD: The husband was guilty of rape by direct participation, and the wife was principal by indispensable cooperation. Is it possible that two persons are conspirators
but are liable for different crimes?
o Yes.
o Ex. The private individual is liable for delivery of prisoners, while the escaped convict is liable for evasion of sentence.
o Ex. X and Y killed X’s wife. Y is liable for homicide. X is liable for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if only one co-conspirator killed the victim.
o Is it possible that one is liable only for
robbery but not robbery with homicide?
Yes, if one desisted before the homicide was committed. For instance, one prevented the other from stabbing the victim
o What about robbery with rape?
All the accused will be liable for the rape committed by one of them, unless one proves that he endeavored to prevent the person from doing so.
o For these cases, one must perform an OVERT act to prevent the commission of the other crime. Mere silence or running away is not enough disavowal.
How does one become a principal by direct
inducement?
o 1. Directly forcing another to commit a crime
Using irresistible force
Causing uncontrollable fear
o 2. Direct inducing another to commit a crime
Giving price, reward, or promise
Using words of command What are the requisites to become a PDI?
o 1. Inducement made directly with intent of procuring the commission of the crime
o 2. Inducement is the determining cause of the commission of the crime by material execution What is required for use of words, to become a
PDI?
o Must have actually moved the hands of the principal by direct participation, the latter of which has no other recourse but to obey the command. This especially applies when the PDI has moral ascendancy over the PDP. Does the PDI need to be in the scene of the
crime?
o No. His inducement is enough.
What if the person inducing did not qualify in the
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o He is generally liable as an accomplice.
What if the person merely made carless remarks
not meant to be obeyed?
o He is neither a PDI nor an accomplice. He is not criminally liable.
When does one become a principal by indispensable cooperation?
o Direct participation in the criminal design by another act without which the crime could not have been committed.
What is the main distinction between the PDP and
principal by indispensable cooperation?
o For the PIC, he must perform an act different from the overt act of the PDP; otherwise, he also becomes a PDP.
Must the PIC be present during the planning stage
of the conspiracy?
o No. He may become a principal at the moment of execution of the crime with the other principals. It can arise from implied conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an accomplice.
Is it possible that the PIC commits a crime
different from the PDP?
o Yes. An example is malversation through falsification of public documents committed by a public officer in conspiracy with a private
individual. The private individual may be liable for malversation.
Can the PDP’s acts be by dolo and the PIC, by culpa?
o Yes. Ex. There was a bank employee with two friends. The friends made the employee believe that a bank document was genuine, which was approved by the employee without needed diligence. The crime of the PIC is estafa through falsification of commercial document, by culpa.
Art. 18: accomplices
What are the acts of accomplices?
o Prior or simultaneous acts not indispensable for the commission of the crime, and not overt acts for commission thereof.
What are the requisites to be liable as an
accomplice?
o 1. Offender took part in the execution of the crime by previous or simultaneous acts
o 2. He intended to take part in the commission of the crime
At what point must the accomplice acquire
knowledge of the commission of the crime by the PDP?
o After the PDP has reached a decision to commit a crime. The accomplice does not decide the commission of a crime. He just agrees after the criminal resolution is accomplished.
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o If he was part of the decision to commit the crime in conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he also becomes a PDP.
Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of the crime and agree with the criminal resolution. The conspirators decide, and the accomplices merely concur and cooperate.
o The crime is performed by the PDP, while the accomplice is merely an instrument of the conspirators – not members of the conspiracy. May one be charged and convicted as accomplice
or accessory even before principal charged or convicted? Or should the PDP first be convicted before accomplice and accessory be charged or convicted? What are their corresponding liabilities?
o As long as commission of the crime can be proven beyond reasonable doubt, determination of criminal responsibility of accessory may be determined independently of and separately from liability of the PDP.
o If the case against PDP is dismissed, the case against accomplice or accessory must also be dismissed because the liability of the latter is subordinate to that of the PDP.
o But the dismissal of the case against the latter does not necessarily result in dismissal of the case against the PDP.
Art. 19: accessories
Who is an accessory?
o One must have knowledge of the commission of the felony, and he participates after the commission by any of the acts enumerated in Art. 19. His participation must not be that of a principal or accomplice.
What are the requisites to become an accessory? o 1. Knowledge of the commission of the crime
o 2. Without participating therein
o 3. Perform any of the following acts (see below).
What are the three acts of accessories in Article
19?
o 1. By profiting themselves or assisting the offender to profit by the effects of the crime
o 2. By concealing or destroying the body of the crime (corpus delicti), or the effects or instruments thereof, in order to prevent its discovery
o 3. By harboring, concealing, or assisting in the escape of the principal, and –
A. the accessory acts with abuse of public functions OR
B. the accessory is a private individual, and the author of the crime is guilty of:
i. treason, ii. murder, iii. parricide,
iv. or attempt to take life of the Chief Executive,
v. or is known to be habitually guilty of some other crime When does the accessory participate?
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o His participation comes after the commission of the crime.
Does mere silence make one liable for the crime
as an accessory?
o No. It is not a crime to remain silent.
What is the “corpus delicti” or body of crime that must be concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual commission by someone of the particular crime charged. It is either:
1. Proof of occurrence of a certain event
2. Some person’s criminal responsiiblity X, a policeman, witnessed the killing of V by K. X
failed to arrest K and even told K not to tell the other policemen. Is X an accessory?
o Yes, under art. 19(3). It was the duty of the policeman to arrest the culprit and not to conceal the commission of the crime by silence or misleading statements. By his acts, he abused his public position.
What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally liable as an accessory under Art. 19 or as a principal for fencing under PD 1612. Prosecution has the option.
When does one become a principal for fencing –
requisites?
o 1. The crime of robbery or theft must be committed, and accused did not participate in the commission thereof.
o 2. The accused then acquires the proceeds of the robbery or theft, and he has actual
knowledge thereof or he should have known the subject is from such acts
o 3. Intent to acquire
What is the special rule P.D. 532 (piracy, highway
robbery and brigandage)?
o Any person who directly or indirectly abets the commission of piracy or highway robbery/brigandage is not just an accessory – he is an accomplice to the principal of the crime.
o The person who profits from the loot is charged with Abetting Brigandage and is charged as an accomplice (not just an accessory)
Art. 20: accessories exempt from liability
Who are the accessories exempt from liability? o Those who are accessories vis-à-vis spouses,
ascendants, descendants,
legitimate/natural/adopted brothers and sisters, or relatives by affinity of the same degree
o When does it not apply?
To paragraph 1 (profiting from the crime)
o [N.B. this listing is limited (not up to 4th degree of consanguinity) and is the same scope as the alternative circumstance of relationship]
X killed Y. X told his sister S to hide the body of