TITLE TWO There are two ways of directly inducing another to commit

PERSONS CRIMINALLY LIABLE FOR FELONIES a crime, namely;

1. by giving a price, or offering reward or
Article 16. Who are criminally liable. – The following are promise; and
criminally liable for grave and less felonies: 2. by using words of command
1. Principals Requisites
2. Accomplices Two or more persons taking part in the
3. Accessories commission of a crime are considered principals by direct
The following are criminally liable for light felonies: participation if the following requisites are present
1. Principals 1. They participated in the criminal
2. Accomplices resolution; and
Article 17. Principals. – The following are considered 2. They carried out their plan and
principals: personally took part in its
1. Those who take a direct part in the execution by acts which directly
execution of the art; intended to the same end.
2. Those who directly force or induce others
to commit it; PRINCIPAL BY INDISPENSIBLE COOPERATION
3. Those who cooperate in the commission To be a principal by indispensable cooperation,
of the offense by another act without one must participate in the criminal resolution, a
which it would not have been conspiracy or unity in criminal purpose, and cooperation
accomplished. in the commission of the offense by performing another
What are the types of Principals? act without which it would not have been accomplished.
1. Principals by direct participation Requisites
2. Principals by inducement Its requisites are:
3. Principals by indispensible cooperation 1. participation of the subject accused in the
Requisites criminal resolution; and
In order that the a person may be convicted as 2. performance by him of another act indispensible
principal of inducement, the following must be present: to the accomplishment of the crime.
1. The inducement be made with the intention of
procuring the commission of crime; and Article 18. Accomplices. – Accomplices are those person
2. That such inducement be the determining cause who, not being included in Article 17, cooperate in the
of the commission by the material executor (U.S. execution of the offense by previous or simultaneous
vs. Indanan, 24 Phil. 203 [1913]). acts.
Participated in Criminal Resolution Accomplices
Two or more .persons are said to have  The Revised Penal Code defines accomplices as
participated in the criminal resolution when they were in “ those persons who, not being included in Article
conspiracy at the time of the commission of the crime. To 17, cooperate in the execution of the offense by
establish conspiracy, it is not essential that there be proof the previous or simultaneous acts”.
of the previous agreement and decision to commit crime,  The Court has held that an accomplices is “one
it being sufficient that the malefactors acted in concert who knows the criminal design of the principal
pursuant to the same objective. and cooperates knowingly of intentionally
therewith by an act which, even if not rendered,
PRINCIPAL BY INDUCEMENT the crime would be committed just the same.”
 Inducement
 may be the acts of command, advice, or Elements
through influence or agreement for  In order that a person may be considered an
consideration. The words of advise or the accomplice, the following requisites must concur:
influence must have actually moved the 1. That there be community of design; that
hands of the principal by direct is, knowing the criminal design of the
participation. principal by direct participation, he
 to constitute inducement, there must concurs with the latter in his purpose;
exist on the part of the inducer the most 2. That he cooperates in the execution b y
positive resolution and the most previous or simultaneous act, with the
persistent effort to secure the intention of supplying material or moral
commission of the crime, together with aid in the execution of the crime din an
the presentation to the person induced of efficacious way; and
the very strongest kind of temptation to 3. That there be a relation between the acts
commit the crime. done by the principal and those
attributed to the person charged as
accomplice.

In Case of Doubt
Two Ways of Directly Inducing Another to Commit a  In case of doubt, the participation of the offender
Crime will be considered as that of an accomplice rather
than that of a principal.
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  It has been held that being present and giving accomplices, take part subsequent to its
moral support when a crime is being committed commission in any of the following manners:
make a person responsible as an accomplice in 1. By profiting themselves or assisting the
the crime committed. offender to profit by the effect of the
Conspirators vs. Accomplices crime;
Conspirators Accomplices xxx
2. Concealing or Destroying the Body of the
Conspirators know the Accomplices come to know Crime
criminal intention about it after the principals  Corpus Delicti (The Body or Substance of
the Crime)
because they have reached the decision,
- in its legal sense refers to the fact of the
themselves have and only then do they agree commission of the crime, not to the physical body
decided upon such to cooperate in its execution. of the deceased or to the ashes of a burned
course of action. building or, in one case, to the smuggle
Conspirators decide that Accomplices merely concur cigarettes. The Corpus delicti may be proven by
the credible testimony of a sole witness, not
a crime should be in it. Accomplices do not
necessarily by physical evidence such as those
committed. decide whether the crime aforementioned.
should be committed; they Elements
merely assent to the plan and  Corpus delicti has two elements:
cooperate in its 1. Proof of the occurrence of a certain
accomplishments. event –
Example: that a man has died or a building has
Conspirators are the Accomplices are merely their been burned;
authors of a crime. instruments who perform acts 2. Some person’s criminal responsibility
not essential to the for the act.
perpetration of the offenses. 3. Assisting in the Escape of the Principal of the
Crime
Definition
Article 19. Accessories. – Accessories are those who,  Assisting in the Escape: Involves actions taken
having knowledge of the commission of the crime, and by an individual to help a principal offender evade
without having participated therein, either as principals or capture or avoid legal consequences following
accomplices, take part subsequent to its commission in the commission of a crime.
any of the following manners: Legal Context
1. By profiting themselves or assisting the  This act is addressed in Article 20 of the Revised
offender to profit by the effects of the Penal Code, which pertains to accessories after
crime. the fact.
2. By concealing or destroying the body of  Accessories are defined as individuals who,
the crime, or the effects or instruments having knowledge of the commission of a crime,
thereof, in order to prevent it discovery. do not participate in the crime itself but provide
3. By harboring, concealing, or assisting in support or assistance after its commission.
the escape of the principal of the crime, Conditions for Criminal Liability
provided the accessory acts with abuse 1. Knowledge of the Crime:
of his public functions or whenever the o The accessory must have prior
author of the crime is guilty of some knowledge of the crime committed by the
other crime. principal.
Accessory 2. Intent to Assist:
 An accessory is defined as one who, having o The individual must intentionally provide
knowledge of the commission of the crime, and assistance, such as hiding the principal,
without having participated therein, either as providing transportation, or helping to
principal or an accomplice, takes part subsequent destroy evidence.
to its commission by concealing or destroying the 3. Types of Assistance:
body of the crime, or the effects or instruments o Harboring the Principal: Providing
thereof in order to prevent it discovery.
shelter or a safe place to evade law
 Article 53 of the Revised Penal Code provides
enforcement.
that the penalty lower by two degrees than that
o Concealing Evidence: Hiding or
prescribed by law for the consummated felony
destroying materials related to the crime
shall be imposed upon the accessories to the
to prevent discovery by authorities.
commission of a consummated felony.
o Providing Means of Escape: Supplying
1. Profiting or Assisting the offender to Profit
Article 19 of the Revised Penal Code states: transportation or resources to facilitate
Accessories are those who, having the principal’s escape from law
knowledge of the commission of the crime, and enforcement.
without having participated therein, either as Legal Implications
 Penalties: Individuals who assist in the escape of
a principal can face criminal liability as
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 accessories, with penalties varying based on the buy, receive, possess, keep, acquire,
nature and severity of the principal crime. conceal, sell or dispose of, or shall buy and
 Exemptions: Certain exemptions may apply, sell, or in any other manner deal in any
particularly concerning familial relationships. For article, item, object or anything of value
instance, accessories related to the principal may which he knows, or should be known to him,
not be held liable under specific conditions to have been derived from the proceeds of
outlined in the law. the crime of robbery or theft.
Elements
Article 20. Accessories who are exempt from criminal The elements of "fencing" are:
liability. – The penalties prescribed for accessories shall 1. A robbery or theft has been committed;
not be imposed upon those who are such with respect to 2. The accused, who took no part in the robbery or theft,
their spouses, ascendants, descendants, legitimate, "buys, receives, possesses, keeps, acquires,
natural, and adopted brothers and sisters, or relatives by conceals, sells or disposes, or buys and sells, or in
affinity within the same degrees, with the single exception any manner deals in any article or object taken"
of accessories falling within the provisions of paragraph 1 during that robbery or theft;
of the next preceding article. 3. The accused knows or should have known that the
thing derived from that crime; and
4. He intends by the deal he makes to gain for himself
or for another.
 "Fence" includes any person, firm,
association, corporation or partnership or
other organization who/which commits the
act of fencing.
Note:
There is fencing even if the article, item, object, or
anything of value has been derived from the proceeds of
carnapping.
Section 3. Penalties. Any person guilty of fencing shall be
punished as hereunder indicated:
a. The penalty of prision mayor, if the value of the
property involved is more than 12,000 pesos but
not exceeding 22,000 pesos; if the value of such
property exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its
maximum period, adding one year for each
additional 10,000 pesos; but the total penalty
which may be imposed shall not exceed twenty
ANTI-FENCING LAW OF 1979 years. In such cases, the penalty shall be termed
Presidential Decree No. 1612 reclusion temporal and the accessory penalty
WHEREAS, reports from law enforcement agencies pertaining thereto provided in the Revised Penal
reveal that there is rampant robbery and thievery of Code shall also be imposed.
government and private properties; b. The penalty of prisioncorreccional in its medium
WHEREAS, such robbery and thievery have become and maximum periods, if the value of the property
profitable on the part of the lawless elements because of robbed or stolen is more than 6,000 pesos but
the existence of ready buyers, commonly known as not exceeding 12,000 pesos.
fence, of stolen properties; c. The penalty of prisioncorreccjonal in its minimum
WHEREAS, under existing law, a fence can be and medium periods, if the value of the property
prosecuted only as an accessory after the fact and involved is more than 200 pesos but not
punished lightly; exceeding 6,000 pesos.
WHEREAS, it is imperative to impose heavy penalties on d. The penalty of arresto mayor in its medium
persons who profit by the effects of the crimes of robbery period to prisioncorreccional in its minimum
and theft. period, if the value of the property involved is
NOW, THEREFORE, I, FERDINAND E. MARCOS, over 50 pesos but not exceeding 200 pesos.
President of the Philippines by virtue of the powers e. The penalty of arresto mayor in its medium
vested in me by the Constitution, do hereby order and period if such value is over five (5) pesos but not
decree as part of the law of the land the following: exceeding 50 pesos.
Section 1. Title. This decree shall be known as the "Anti- f. The penalty of arresto mayor in its minimum
Fencing Law." period if such value does not exceed 5 pesos.
Presidential Decree No. 1612 is a special law
and, therefore, its violation is regarded as malum Section 4. Liability of Officials of Juridical Persons. If the
prohibitum, requiring no proof of criminal intent.
fence is a partnership, firm, corporation or association,
Section 2. Definition of Terms. The following terms shall
mean as follows: the president or the manager or any officer thereof who
 "Fencing" is the act of any person who, with knows or should have known the commission of the
intent to gain for himself or for another, shall offense shall be liable.
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 secure the clearance or permit required by this section or
What Is Fencing? who violates any of the provisions of the rules and
Fencingis defined in Section 2(a) of P.D. No. regulations promulgated thereunder shall upon conviction
1612 as the "act of any person who, with intent to gain for be punished as fence.
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell, Unlicensed Dealer/Supplier
or in any manner deal in any article, item, object or An unlicensed dealer/supplier refers to any
anything of value which he knows, or should be known to person, partnership, firm, corporation, association, or any
him, to have been derived from the proceeds of the crime other entity or establishment not licensed by the
of robbery or theft." government to engage in the business of dealing in or
supplying "used secondhand articles," which refers to any
Essential Elements of the Crime of Fencing good, article, item, object, or anything of value obtained
The essential elements of the crime of fencing from an unlicensed dealer or supplier, regardless of
are as follows: whether the same has actually or in fact been used.
a.A crime of robbery or theft has been
committed; Section 7. Repealing Clause. All laws or parts thereof,
b. The accused, who isnot a principal or an which are inconsistent with the provisions of this Decree
accomplice in the commission of the crime are hereby repealed or modified accordingly.
of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, Section 8. Effectivity. This Decree shall take effect upon
sells or disposes, or buys and sells, or in approval.
any manner deals in any article, item, Done in the City of Manila, this 2nd day of March,
object or anything of value, which has in the year of Our Lord, nineteen hundred and seventy-
been derived from the proceeds of the nine.
crime of robbery or theft;
c. The accused knew or should have known
that the said article, item, object or
anything of value has been derived from
the proceeds of the crime of robbery or
theft; and
d. There is, on the part of one accused,
intent to gain for oneself or for another.
Section 5. Presumption of Fencing, Mere possession of
any goods, article, item, object, or anything of value which
has been the subject of robbery or thievery shall be prima
facie evidence of fencing.
Fencing is malum prohibitum, and P.D. No. 1612
creates a prima facie presumption of fencing from
evidence of possession by the accused of any good,
article, item, object or anything of value, which has been
the subject of robbery or theft, and prescribes a higher
penalty based on the value of the property.

Section 6. Clearance/Permit to Sell/Used Second-Hand

Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of
any good, article item, object or anything of value
obtained from an unlicensed dealer or supplier thereof,
shall before offering the same for sale to the public,
secure the necessary clearance or permit from the station
commander of the Integrated National Police (now
Philippine National Police) in the town or city where such
store, establishment or entity is located. The Chief of
Constabulary/Director General, Integrated National Police
shall promulgate such rules and regulations to carry out
the provisions of this section. Any person who fails to

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 DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND
PROSECUTION OF CRIMINAL OFFENDERS

Presidential Decree No. 1829

WHEREAS, crime and violence continue to

proliferate despite the sustained vigorous efforts of the
government to effectively contain them;
WHEREAS, to discourage public indifference or
apathy towards the apprehension and prosecution of
criminal offenders, it is necessary to penalize acts which
obstruct or frustrate or tend to obstruct or frustrate the
successful apprehension and prosecution of criminal
offenders;
NOW, THEREFORE, l, FERDINAND, E.
MARCOS, President of the Philippines, by virtue of the
powers vested in me by law do hereby decree and order
the following:

Section 1. The penalty of prisioncorreccional in its

maximum period, or a fine ranging from 1,000 to 6,000
pesos, or both, shall be imposed upon any person who
knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the
investigation and prosecution of criminal cases by
committing any of the following acts:
a. Preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of any
offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or
threats;
Example:
Accused subsequent act of offering the
victim's father a substantial amount of money in
consideration for the withdrawal of their charges
against him is considered, by law, an obstruction
of justice.
b. Altering, destroying, suppressing or concealing
any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility,
availability, or admissibility as evidence in any
investigation of or official proceedings in criminal
cases, or to be used in the investigation of, or
official proceedings in, criminal cases;