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ACCOMPLICE

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:

1. There be community of design; that is, Knowing the criminal design of the
principal by direct participation, he concurs with the latter in his purpose. The
following should be Noted:
a. Knowledge of the criminal design of the principal can be acquired by the
accomplice when:
b. The principal informs or tells the accomplice of the former’s criminal design;
and
c. The accomplice saw the criminal acts of the principal;
d. The community of design need not be to commit the crime actually committed.
It is sufficient if there was a common purpose to commit a particular crime and
that the crime actually committed was a natural or probable consequence of the
intended crime;

2. He cooperates in the execution of the offense by Previous or simultaneous acts,

with the intention of supplying material or moral aid in the execution of the crime in an
efficacious way. The following should be Noted:
a. The cooperation of the accomplice is only necessary, not indispensable;
b. The cooperation is not due to a conspiracy; and
c. The wounds inflicted by an accomplice in crimes against persons should not
have caused the death of the victim;
d. Being present and giving moral support when a crime is being committed
where it may be through advice, encouragement or agreement; and

3. There should be a Relation between the acts done by the principal and those
attributed to the person charged as accomplice.

Quasi-Collective Responsibility

Some of the offenders in the crime are principals and the others as accomplices.

Compare Accomplice v. Principal in General

ACCOMPLICE PRINCIPAL
PARTICIPATION
Does not take direct part in the commission
Either takes direct part in the
of the act, does not force or induce others
commission of the act, induces, or
to commit it, or does not cooperate in the
forces another to commit it, or
commission of the crime by another act,
cooperates in the commission of the
without which it would not have been
crime by another act, without which
accomplished, yet cooperates in the
it would not have been
execution of the act by previous or
accomplished; and
simultaneous means, and
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KNOWLEDGE
Has knowledge of the criminal design of the
Has knowledge of the criminal
principal and merely concurs with the
design and carries/executes it.
criminal purpose.

Accomplice v. Principal By Indispensable Cooperation

PRINCIPAL BY INDISPENSABLE
ACCOMPLICE
COOPERATION
Necessity of Participation
Participation is not
Participation is indispensable; and
indispensable and
Degree of Participation
Cooperates in the execution of
Participates in the criminal resolution, in such a
the offense by previous or
way that there is either anterior conspiracy or
simultaneous acts, with the
unity of criminal purpose and intention
intention of supplying material or
immediately before the commission of the crime
moral aid in the execution of the
charged
crime in an efficacious way.

Accomplice v. Principal Participation

1. There is community of criminal design.

2. In case of doubt, it shall be resolved in favor of lesser responsibility, that is,
that of mere accomplice.
3. Between the principals and the accomplices, there is no conspiracy.

Compare Accomplice v. Principal By Direct Participation

PRINCIPAL BY DIRECT
ACCOMPLICE
PARTICIPATION
Community of criminal design, however such
community need not be to commit the crime actually
committed;
Community of criminal
Sufficient that there was a common purpose to design
commit a particular crime and that the crime actually
committed was a natural or probably consequence of
the intended crime.
No clear-cut distinction between the acts of the accomplice and those of the
principal by direct participation; and
Between principals and
Between principals liable for the same offense, there
accomplices, there is no
must be conspiracy
conspiracy
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Compare Accomplice v. Conspirator

ACCOMPLICE CONSPIRATOR
They know and agree with the criminal design
They come to know about it after the They come to know the criminal
principals have reached the decision, and intention because they themselves
only then do they agree to cooperate in its have decided upon such course of
execution; and action; and
They are merely instruments who perform
acts not essential to the perpetration of the They are the authors of a crime.
offense

ACCESSORY

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 offender to profit by 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 principals of
the crime, provided 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.

Notes:

a. An accessory does not participate in the criminal design, nor cooperate in the
commission of the felony, but, with knowledge of the commission of the crime, he
subsequently takes part in three ways:
i. Profiting from the effects of the crime;
ii. Concealing the body, effects or instruments of the crime in order to prevent its
discovery; and
iii. Assisting in the escape or concealment of the principal of the crime, provided
he acts with abuse of his public functions or the principal 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.

b. An accessory must have knowledge of the commission of the crime, and having
that knowledge, he took part subsequent to its commission.

c. The crime committed by the principal must be proved beyond reasonable doubt.
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SPECIFIC ACTS OF ACCESSORIES:

1. BY PROFITING THEMSELVES OR ASSISTING THE OFFENDER TO PROFIT

BY THE EFFECTS OF THE CRIME;

a. The crime committed by the principal under this paragraph may be any crime,
provided it is not a light felony

b. Profiting themselves by the effects of the crime

i. The accessory should not take the property without the consent of the
principal
ii. When a person knowingly acquired or received property taken by the
brigands, the crime is punished as the act of the principal, not the act of the
accessory

c. Assisting the offender to profit by 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;

1. The crime committed by the principal under this paragraph may be any crime,
provided it is not a light felony; and
2. Body of the crime is the corpus delicti, that someone in fact committed a
specific offense;
3. There must be an attempt to hide the body of the crime;
4. The stolen property is the effect of the crime. The pistol or knife is the instrument
of the crime.

3. BY HARBORING, CONCEALING, OR ASSISTING IN THE ESCAPE OF THE

PRINCIPALS OF THE CRIME, PROVIDED 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.

Classes of Accessories Contemplated in Part. 3:

1. 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; and

Requisites:
a) The accessory is a Public officer;
b) He Harbors, conceals, or assists in the escape of the principal;
c) He acts with Abuse of his public function; and
d) The crime committed by the principals is any crime, Except a light felony;
and
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2. 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 other crime.

Requisites:
1. The accessory is a Private person;
2. He Harbors, conceals or assists in the escape of the author of the crime;
3. The crime committed by the Principal is either:
4. Treason;
5. Parricide;
6. Murder;
7. An attempt against the life of the President; or
8. That the principal is known to be Habitually guilty of some other crime.

PUBLIC OFFICERS PRIVATE PERSONS

Harbors, conceals or assists in the escape Harbors, conceals or assisting the
of the principal of any crime; escape of the author of the crime;
Accessory is a public officer; Accessory is a private person;
Public officer acts with abuse of his public No abuse required (not a public officer);
functions; and and
Crime committed by the principal is
either: (a) treason,
(b) parricide,
Crime committed by the principal involves
(c) murder,
any crime, except light felonies.
(d) an attempt against the life of the
President, or
(e) that the principal is known to be
habitually guilty of some other crime.

Notes:

1. The accessories’ liability is subordinate and subsequent.

2. Conviction of an accessory is possible notwithstanding the acquittal of the
principal, if the crime was in fact committed, but the principal was not held
criminally liable, because of an exempting circumstance.
3. Even if the principal is still unknown or at large, the accessory may be held
responsible provided the requisites prescribed by law for the existence of the
crime are present and that someone committed it.
4. Where the commission of the crime and the responsibility of the accused as
an accessory, are established, the accessory can be convicted,
notwithstanding the acquittal of the principal. (Vino v. People, G.R. No. 84163,
October 19, 1989).

PLEASE TRY TO SEE SPECIAL PENAL LAWS: ANTI- FENCING LAW AND THE
DECREE PENALIZING OBSTRUCTION OF JUSTICE, READ IN RELATION TO
THE TOPIC ON ACCESSORIES.