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    Accessories Who Are Exempt From Criminal Liability - Bigwas

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    gibson jabiniar
    This document summarizes the criminal liability of accessories under Philippine law. Accessories are exempt from criminal liability if the principal is their spouse, ascendant, descendant, or sibling. However, this exemption does not apply if the accessory profited from or assisted the principal in profiting from the crime. A public officer is also exempt if related to the principal, even if they abused their official functions, because family ties are considered more powerful than duty. Obstruction of justice under PD 1829 is not exempt.

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    Accessories Who Are Exempt From Criminal Liability - Bigwas

    Uploaded by

    gibson jabiniar
    75 views2 pages
    This document summarizes the criminal liability of accessories under Philippine law. Accessories are exempt from criminal liability if the principal is their spouse, ascendant, descendant, or sibling. However, this exemption does not apply if the accessory profited from or assisted the principal in profiting from the crime. A public officer is also exempt if related to the principal, even if they abused their official functions, because family ties are considered more powerful than duty. Obstruction of justice under PD 1829 is not exempt.

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    Accessories Who Are Exempt From Criminal Liability | Bigwas

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    This document summarizes the criminal liability of accessories under Philippine law. Accessories are exempt from criminal liability if the principal is their spouse, ascendant, descendant, or sibling. However, this exemption does not apply if the accessory profited from or assisted the principal in profiting from the crime. A public officer is also exempt if related to the principal, even if they abused their official functions, because family ties are considered more powerful than duty. Obstruction of justice under PD 1829 is not exempt.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    75 views2 pages

    Accessories Who Are Exempt From Criminal Liability - Bigwas

    Uploaded by

    gibson jabiniar
    This document summarizes the criminal liability of accessories under Philippine law. Accessories are exempt from criminal liability if the principal is their spouse, ascendant, descendant, or sibling. However, this exemption does not apply if the accessory profited from or assisted the principal in profiting from the crime. A public officer is also exempt if related to the principal, even if they abused their official functions, because family ties are considered more powerful than duty. Obstruction of justice under PD 1829 is not exempt.

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    © All Rights Reserved
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    of 2

    Accessories Who Are Exempt

    From Criminal Liability


    Accessories who are exempt from criminal liability

    ART.20

    BASIS:
    The exemption provided for in this article is based on the 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 in this article.

    AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABILITY WHEN THE


    PRINCIPAL IS HIS :
    1. spouse, or
    2. ascendant, or
    3. descendant, or
    4. legitimate, natural or adopted brother, sister or relative by affinity
    within the same degree.

    Accessory Is Not Exempt From Criminal Liability Even If The


    Principal Is Related To Him, If Such Accessory –
    1. profited by the effects of the crime, or
    2. assisted the offender to profit by the effects of the crime.

    REASON: Because such acts are prompted not by affection but by a


    detestable greed.
    :
    NOTES:

    Nephew and Niece not included

    Public officer contemplated in par. 3 of Art. 19 is exempt by reason


    of relationship to the principal, even if such public officer acted with
    abuse of his official functions.

    REASON: Ties of blood or relationship constitutes a more powerful


    incentive than the call of duty.

    P.D. 1829 penalizes the act of any person who knowingly or willfully
    obstructs, impedes, frustrates or delays the apprehension of
    suspects and the investigation and prosecution of criminal cases.

    The benefits of the exception in Art. 20 do not apply to PD 1829. PD


    1829 - The law penalizing obstruction of justice.
    :

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