CRIMINAL LAW

FOUNDATION OF CRIMINAL LAW

Definition: branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

CRIME- an act committed or omitted in violation of a public law forbidding or commanding it

Sources of Philippine Criminal Law

o RPC and its amendments

oSpecial Penal Laws passed by the Phil. Commission, Phil. Assembly Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa

oPenal Presidential Decrees issued during Martial Law

THEORIES OF CRIMINAL LAW

o Art. 1 states the effectivity date of RPC which is on Jan 1,

1932

2 theories

Classical

basis of criminal liability is human free will and the purpose of the penalty is retribution

man is essentially a moral creature with an absolutely free will to choose between good and evil

has endeavored to establish a mechanical and direct proportion between crime and penalty

there is a scant regard to the human element Positivist

Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong

Crime is essentially a social and natural phenomenon, and it cannot be treated and

checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment

PRINCIPLES OF GENERALITY

oCriminal law is binding on all persons who live or sojourn in Phil. Territory

Exceptions: sovereign and other chiefs of state, ambassadors; ministers plenipotentiary, ministers resident and charges d affaires

PRINCIPLE OF TERRITORIALITY

ART. 2

oCriminal laws undertake to punish crimes committed within Philippine territory

Exceptions to the territorial application: Article 2 of RPC which is the extra- territoriality

Should commit an offense while on a Philippine ship or airship

Should forge or counterfeit any coin or currency note of the Philippine islands or obligations and securities issued by the Government of the Phil. Islands

Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number

While being a public officers or employees, should commit an offense in the exercise of their functions

Should commit any of the crimes against National security and the law of nations

o Crimes under Art. 2 is cognizable by the RTC

Continuing offense on board a foreign vessel

Start of the crime= foreign territory then continuation= entered into Phil. Waters A crime which occurred on board of a foreign vessel

RULES AS TO JURIDICTION OVER CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSELS

FRENCH RULE- such crimes are NOT TRIABLE in the courts of that country unless their commission

affects the peace and security of the territory or the safety of the state is endangered

ENGLISH RULE- such crimes are triable in that country unless they merely affect things within the vessel or they refer to the internal management thereof.

Philippines observe this rule

PRINCIPLE OF PROSPECTIVE

A penal law cannot make an act punishable in a manner in which it was not punishable when committed

Exception: whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be given retroactive effect

Exception to the exception: where the new law is expressly made inapplicable p ending actions or existing causes of action; where

the offender is a habitual criminal

Different effects of repeal on penal law

REPEAL LAW-PENALTY LIGHTER IN THE NEW LAW= APPLYING THE NEW LAW

NEW LAW*HEAVIER PENALTY =LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE SHALL BE APPLIED

NEW LAW TOTALLY REPEALS THE EXISTING LAW=ACT WHICH WAS PENALIZED UNDE OLD LAW IS NO LONGER PUNISHABLE, THE CRIME IS OBLITERATED

o ART. 21, ART. 22

oArt. 21 prohibits the government from punishing any person for any felony with any penalty which has not been prescribed by the law

REASON: An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it, because law cannot be rationally obeyed UNLESS it is first shown and a man cannot be expected to obey an order that has not been given

ART.22 states the retroactive effect in penal laws as long as it is favorable to the accused who is not habitual criminal= EXCEPTION

Reason: the sovereign, in enacting a subsequent penal law more favorable to the accused, has recognized that the greater severity of the former law is unjust.

But if the accused is habitual delinquent he is not entitled to the benefit of the provisions of the new favorable statute

A person shall be deemed to be habitual delinquent if within the period of 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa, or falsification, he is found guilty of any said crimes a 3rd time or oftener.

LEGALITTY

Art. 5

The 1st paragraph of Art. 5 in connection with acts which acts should be repressed but which are not covered by the law requires the following:

Act committed by the accused appears not punishable by any law

But the court deems it proper to repress such act

In that case, the court must render the proper decision by dismissing the case and acquitting the accused

The judge must then make a report to the Chief Executive, thru the Secretary of Justice, stating the reasons which induce him to believe that the said act should be made the subject of penal legislation

Basis: The legal maxim nullum crimen, nulla poena sine lege

The 2nd paragraph of Art 5 in cases of excessive penalties requires that: The court after trial finds the accused guilty

The penalty provided by law which the court imposes for the crime committed appears to be clearly excessive, because

The accused acted with lesser degree of malice and or

There is no injury or the injury caused is lesser gravity

The court should not suspend the execution of the sentence

The judge should submit a statement to the Chief Executive thru the Secretary of Justice, recommending executive clemency

AUTHORITY TO PUNISH

oState has the authority, under its police power, to define and punish crimes and to lay down the rules of criminal procedure

ART. 23: pardon by the offended party

Even if the injured party already pardoned the offender, the fiscal can still prosecute the offender

Reason: a crime committed is an offense against the state

Exception: As provided in Art. 344

VIS--VIS SPECIAL PENAL LAWS

Offenses punishable under special laws are not subject to

the provisions of RPC

The RPC will be only supplementary to such laws

VIS--VIS OTHER BODIES OF LAW

BOR of 1987 Constitution imposes the limitations on enacting penal legislation

No ex post facto law or bill of attainder shall be enacted

No person shall be held answer for a criminal offense without due process

CRIMINAL LIABILITY

ELEMENTS OF A FELONY

o That there must be an act or omission

That the act or omission must be punishable by the RPC

That the act is performed or the omission incurred by means of dolo or culpa

Act- any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient

Omission- meant inaction, the failure to perform a positive duty which a positive duty which one is bound to do

Examples: failure to render assistance to any person whom he finds in an uninhabited place wounded or in danger of dying

Punishable by law

Punishable by law

Based upon the maxim: nullum crimen, nulla sine lege, that there is no crime when there is no law punishing it

CLASSIFICATION OF FELONIES

Definition: acts and omission punishable by law are felonies

Felonies are committed by Dolo or Culpa

There is dolo when the act is performed with deliberate intent

There is culpa when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill

INTENTIONAL AND CULPABLE FELONIES

INTENTIONAL FELONIES V CULPABLE FELONIES

INTENTIONAL- the act or omission of the offender is malicious.

the act is performed with deliberate intent with malice

the offender in performing the act or in incurring the omission has the intention to cause an injury to another

CULPABLE- the act or omission of the offender is not malicious

-Injury caused by the offender to another person is unintentional, it being simply the incident of another act performed without malice

-The wrongful act results from the imprudence, negligence, lack of foresight, lack of skill

Felonies committed by means of dolo or with malice

Dolus- equivalent to malice, which is the intent to do an injury to another

The offender, in performing an act or in incurring an omission, has the intention to do an injury to the

person, property or right of another, such offender acts with malice.

Felonies committed by means of fault or culpa

Performed without malice, but at the same time punishable, though lesser degree and with an equal result, an intermediate act which the RPC qualifies as imprudence or negligence

Imprudence indicates a deficiency of action

Involves lack of skill

Negligence indicates a deficiency of perception

Involves lack of foresight

REASONS WHY THE ACT OR OMISSION IN FELONIES MUST BE VOLUNTARY

RPC continues to be based on the Classical Theory , according to which the basis of criminal liability is human free will

Acts or omissions punished by law are always deemed voluntary, since man is a rational being

In felonies by dolo, the act is performed with deliberate intent which much necessarily be voluntary and in felonies by culpa, the imprudence consists be voluntarily, but without malice doing or

failing to do an act from which material injury results

REQUISITES OF DOLO OR MALICE

He must have FREEDOM while doing an act or omitting to do an act

He must have INTELLIGENCE while doing the act or omitting to do an act

He must have INTENT while doing the act or omitting to do an act

Freedom: when a person acts without a freedom, he is no longer a human being but a tool

Intelligence: without this power, necessary to determine the morality of human acts, no crime can exist

Intent: intent to commit acct with malice, being purely a mental process, is presumed and the presumption arises from the proof of the commission of an unlawful act

Actus non facit reum, nisi mens sit rea: a crime is not committed if the mind of the person performing to act complained be innocent

MISTAKE OF FACT

Ignorance or mistake of fact relieves the accused from

criminal liability

o Ignorantia facti excusat

oDEFINITION: a misapprehension of fact on the part of the person who caused injury to another

REQUISITES AS A DEFENSE:

Act done would have been lawful had the facts been as the accused believed them to be

Intention of the accused in performing the act should be lawful

Mistake must be without fault or carelessness on the part of the accused

o 1st requisite: US V Ah Chong

2nd requisite: Ah Chong case v Oanis case

Ah Chong case, there is an innocent mistake of fact without any fault or carelessness on the part of the accused, because, having no time or opportunity to make any further inquiry, and being pressed by circumstances to act immediately.

Oanis case, the accused found no circumstances whatever which would press them to immediate action

MALUM IN SE AND MALUM PROHIBITUM, INTENT AND MOTIVE

REQUISITES OF CULPA

He must have FREEDOM while doing an act or omitting to do an act

He must have INTELLIGENCE while doing the act or omitting to do the act

He is IMPRUDENT, NEGLIGENT while doing the act or omitting to doo the act

3 classes of crimes:

Intentional felonies

Culpable felonies

Special laws

MALA IN SE V MALA PROHIBITA

Mala in se or wrongful from their nature

Serious in their effects on society as to call for almost unanimous condemnation of its members

Mala prohibita or wrong merely because prohibited by statute

Violations of mere rules of convenience designed to secure a

more orderly regulation of the affairs of society

INTENT V MOTIVE

Motive- moving power which impels one to action for a definite result

Not an essential element of a crime and hence, need not be proved for purposes of conviction

Intent- the purpose to use a particular means to effect such result

MOTICE, WHEN REVELANT AND WHEN NEED NOT TO BE ESTABLISHED

Where the identity of a person accused of having committed a crime is in dispute

Motive is essential only when there is doubt as to the identity of the assailant

Motive is important in ascertaining the truth between two antagonistic theories or versions of the killing

Where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt, evidence of motive is necessary

Where there are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons

If the evidence is merely circumstantial

HOW MOTIVE IS PROVED

Established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense

UNINTENDED FELONIES There must be a relation of cause and effect

o ART. 4, PARAGRAPH 1: by any persons committing a felony The cause being the felonious act of the

although the wrongful act done be different from thatoffended

which he intended The effect being the resultant injuries and

o A person committing a felony is criminally liable althoughor death of the victim

the consequences of his felonious act are not intended by The relationship is not altered or changed

himbecause of the pre-existing conditions

o RATIONALE: el que es causa de la causa es causa del mal The felony committed is not the proximate cause of

causado: he who is the cause of the cause is the cause ofthe resulting injury when:

the evil caused. (proximate cause) There is an active force that intervened

o although the wrongful act done be different from thatbetween the felony committed and the

which he intendedresulting injury, and the active force is a

Mistake in the identity of the victim (error indistinct act or fact absolutely foreign from

personae)the felonious act of the accused

People v Guillen The resulting injury is due to the intentional

Mistake in the blow (aberration ictus)act of the victim

When the offender intending to do an When death is presumed to be the natural

injury to one person actually inflicts it onconsequences of physical injuries inflicted:

another That the victim at the time the physical

People v Sabalonesinjuries were inflicted was in normal health

The injurious result is greater than the intended That the death may be expected from the

(praeter intentionem)physical injuries inflicted

Act exceeds the intent That death ensued within reasonable time

People v Albuquerque IMPOSSIBLE CRIMES

o REQUISITES:o ART. 4, PARAGRAPH 2: By any person performing an act

That an intentional felony has been committedwhich would be an offense against persons or property,

That the wrong done to the aggrieved party to bewere it not for the inherent impossibility of its

direct, natural, and logical consequences of theaccomplishment or on account of the employment of

felony committed by the offenderinadequate or ineffectual means

o A person is criminally responsible for acts committed byo REQUISITES:

him in violation of the law and for all the natural and Act performed would be an offense against

logical consequences resulting therefrompersons/ property

o PROXIMATE CAUSE- that cause, which, in natural and Act was done with evil intent

continuous sequence, unbroken by any efficient Accomplishment is inherently impossible or that

intervening cause, produces the injury, and without whichmeans employed is either inadequate or ineffectual

the result would not have occurred Act performed should not constitute a violation of

VDA DE BATACLAN V MEDINAanother provision of RPC

PURPOSE: to suppress criminal propensity or criminal tendencies.

CONSPIRACY AND PROPOSAL

ART. 8

IN PROPOSAL,

GENERAL RULE: conspiracy and proposal to commit felony are not punishable

Exception: they are punishable only in the cases in which the law specially provides a penalty therefor

REASON: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent or at least permissible

CRIST- COUP D ETAT, REBELLION, INSURRECTION,

SEDITION, TREASON

REQUISITES OF CONSPIRACY:

That two or more persons came to an agreement

That the agreement concerned the commission of a felony

That the execution of the felony be decided upon

REQUISITES OF PROPOSAL: That a person has decided to commit a felony

That he proposes its execution to some other person or persons

THERE IS NO CRIMINAL PROPOSAL WHEN:

The person who proposes is not determined to commit the felony

There is no decided, concrete and formal proposal

It is not the execution of a felony that is proposed

COMPLEX CRIMES

ART. 48 requires the commission of at least two crimes

o A COMPLEX CRIME IS ONLY ONE CRIME

They constitute only one crime in the eyes of the law as well as in the conscience of the offender

2 kinds of complex crime:

When a single act constitutes two or more grave or less grave felonies (COMPOUND CRIME)

When an offense is a necessary means for committing the other. (COMPLEX CRIME PROPER) REQUISITES OF COMPOUND CRIME: That only a single act is performed by the offender

That the single act produces:

Two or more grave felonies or

One or more grave and one or less grave felonies or

Two or more less grave felonies

PEOPLE V GUILLEN

Example: Single act of firing a shot, the same bullet causing the death of two persons who were standing the same line of the direction of the bullet

When in obedience to an order several accused simultaneously shot many persons, without evidence how many each killed, there is only a single offense, there being

a single criminal impulse- LAWAS CASE

REQUISITES OF COMPLEX CRIME PROPER That at least two offenses are committed

That one or some of the offenses must be necessary to commit the other

That both or all the offenses must be punished under the same statute NO COMPLEX CRIME:

Where one of the offense is penalized by a special law

When two or more crimes are committed but not by a single act or one is not a necessary means for committing the other

Rebellion with murder, arson, robbery, or other common crimes

It is mere ingredients of the crime of rebellion, as means necessary or the

perpetration of the offense

oWhen two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime

ARTICLE 48 IS INTENDED TO FAVOR THE CULPRIT

When two or more crimes are result of a single act, the offender is deemed less perverse than when he commits said crimes through separate and distinct acts

The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum

period

Plurality of crimes- consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared

Kinds:

Formal or ideal plurality (ART. 48)

Real or material plurality

PLURALITY OF CRIMES V RECIDIVISM

RECIDIVISM- THERE MUST BE CONVICTION BY FINAL JUDGMENT OF THE FIRST OR PRIOR OFFENSE

PLURLITY OF CRIMES- THERE IS NO CONVICTION OF ANY OF THE CRIMES COMMITTED

3 GROUPS

When the offender commits any of the complex crimes defined in Article 48 of RPC

When the law specifically fixes a single penalty for two or more offenses committed

When the offender commits continued crimes

Real/ Material

Ideal/Formal Plurality

Special Cases

Plurality of Crimes

1.

Diff. actus reus

1.

Compound

1.

Light felonies

2.

Special penal-

crime, actus

are absorbed

separately

reus= 2 or

punished

more

grave/less

grave felonies

3.

1st offense is

2.

Complex

2.

Qualifying

not necessary

crime

circumstances/

to commit 2nd

necessary=

aggravating

offense

facilitate/

circumstances

useful

absorbed

4.

1st offense

3.

Special

4.

Component or

consummated,

complex

indispensable

succeeding

crimes

crime

offenses are

separate

CONTINUED CRIMES

Single crime, consisting of a series of acts but all arising from one criminal resolution

Examples: a thief who takes from the yard of a house two game roosters belonging to two different persons commits only one crime, for the reason that there is a unity of thought in the criminal purpose of the offender

CONTINUED CRIME IS NOT A COMPLEX CRIME

STAGES OF EXECUTION OF FELONIES ART. 6 DEVELOPMENT OF CRIME INTERNAL ACTS- mere ideas in the mind of a person

EXTERNAL ACTS- covers preparatory acts and acts of execution Attempted felony

Offender commences the commission of a felony directly by overt acts, and does not perform all the acts execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance

ELEMENTS: The offender commences the commission of the felony directly by overt acts

He does not perform all the acts of execution which should produce the felony

The offenders act is not stopped by his own spontaneous desistance

The non- performance of all acts of execution was due to cause or accident other than his spontaneous desistance

Req. of commencing directly by overt acts successfully:

That there be external acts

Such external acts have direct connection with the crime intended to be committed

OVERT ACTS- some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense

If the actor does not perform all the acts of execution by reason of his own spontaneous desistance, there is no attempted felony. THE LAW DOES NOT PUNISH HIM

It is a sort of reward granted by law to those who having one foot on the verge of crime, heed the call of their conscience and return to the path of righteousness

The offender never passes the subjective phase of the offense

Definition of subjective phase: beginning of the commission of the crime to the control over his acts Frustrated felony

Offender performs all the acts of execution which would produce the felony as a consequence but

which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator

ELEMENTS:

The offender performs all the acts of execution

All the acts performed would produce the felony as a consequence

But the felony is not produced

By reason of causes independent of the will of the perpetrator

There are stage of execution was held to be frustrated because the wound inflicted was mortal

There are also stage of execution was held to be attempted because there was no wound inflicted or the wound inflicted was not mortal

If the crime is not produced because the offender himself prevented its consummation, there is no frustrated felony.

FRUSTRATED V ATTEMPTED

Similarities

Differences

1. The offender has not

1.

Frustrated- the offender

accomplished his criminal

has performed all the acts

purpose

of execution

Attempt- does not

performed all the acts of

execution

2.

Frustrated- offender

reaches the objective

phase

Attempted- does not

passed the subjective

phase

o Consummated felony

Consummated when all the elements necessary for its execution and accomplishment are present

To determine whether the crime is only attempted, frustrated or consummated: Nature of offense

Elements constituting the felony

The manner of committing the same

o NATURE OF CRIME:

ARSON

CONSUMMATED

FRUSTRATED

ATTEMPTED

Even a part of a

the materials have set

About to set the house

property is destroyed

on fire but no part of

on fire but

by fire

the property began to

apprehended

burn

ESTAFA

CONSUMMATED

FRUSTRATED

ATTEMPTED

Deceit and damage on

The money taken has

No money was taken

the victim are present

not been damaged or

yet, only deceit is

spent

present

THEFT

The crime is consummated when the thief is able to take or get hold of the thing belonging to another, even if he is not able to carry it away

-ADIAO CASE AND DOMINGUEZ CASE

THERE IS NO CRIME OF FRUSTRATED THEFT MANNER OF COMMITTING THE CRIME

FORMAL CRIMES- Consummated in one instant, no attempt

General Rule: there can be no attempt at a formal crime, because between the thought and the deed there is no chain of acts that can be severed in any link

MATERIAL CRIMES- 3 stages of execution is involved

THERE IS NO ATTEMPTED OR FRUSTRATED IMPOSSIBLE CRIME

PERSONS CRIMINALLY LIABLE FOR FELONIES

Liable for grave and less grave felonies

Principals

Accomplices

Accessories

Liable for light felonies

Principals

Accomplices

Accessories are not liable for light felonies

Reason: in the commission of light felonies, the social wring as well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories

Rules relative to light felonies

General Rule: punishable only when they have been consummated

Exception: but when light felonies are committed against persons or property, they are punishable even if they are only frustrated or attempted

Active and Passive Subject

Active- the criminal

Passive- the injured party

Only natural persons can be active subject of crime because-

The RPC requires that the culprit should have acted with personal malice or negligence

A juridical person cannot commit a crime in which a willful purpose or a malicious intent is required

There is substitution of deprivation of liberty for pecuniary penalties in case of insolvency of the accused

Other penalties consisting in imprisonment and other deprivation of liberty can be executed only against individuals

Passive Subject of Crime

-the holder of the injured right: the man, the juristic person, the group, and the State

PRINCIPALS

ART. 17 3 kinds of principal Those who take a direct part in the execution of the act Those who directly force or induce others to commit it

Those who cooperate in the commission of the offense, by another act without which it would not have been accomplished

Illustration of the 3 kinds:

A, by promises of price and reward, induced B to kill C, who is living in an island. D, the owner of the motor boat in the place and knowing the criminal designs, offered to transport and actually transported B to the island. Once there, B alone killed C.

A- principal by directly induced; B- principal by direct part; D- principal by cooperate in the commission of the offense without which it would not have been accomplished

take a direct part in the execution of the act

Requisites when 2 or more persons who direct participate in the commission of the crime: That they participated in the criminal resolution

That they carried out their plan and personally took part in its execution by acts which directly to the same end

when the 2nd requisite is lacking, there is only conspiracy

directly force or induce others to commit the act 2 ways of becoming a principal by induction: By directly forcing another to commit a crime

By using irresistible force

By causing uncontrollable fear

By directly inducing another to commit a crime

By giving price, or offering or promise

By using words of command

REQUISITES IN ORDER THAT A PERSON MAY BE CONVICTED AS A PRINCIPAL BY INDUCEMENT:

That the inducement be made directly with the intention of procuring the commission of the crime

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

Using Words of command to be a ground for liability of the person to be principal:

One uttering the words of command must have intention of procuring the commission of the crime

One who made the command must have an ascendancy or influence over the person who acted

Words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion

Words of command must be uttered prior to the commission of the crime

Material executor of the crime has no personal reason to commit the crime

cooperate in the commission of the offense by another act without which it would not have been accomplished

Meaning of cooperate- to desire or wish in common a thing REQUISITES:

Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged

Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished

COLLECTIVE CRIMINAL RESPONSIBILITY

Offenders are criminally liable in the same manner and to the same extent

INDIVIDUAL CRIMINAL RESPONSIBILITY

The criminal responsibility arising from different acts directed against one and the same person is individual and

not collective, and each of the participants is liable only for the act committed by him

ACCOMPLICES

ART. 18

Collective criminal responsibility Quasi- collective criminal responsibility Individual criminal responsibility

In case of doubt, the participation of the offender will be considered that of an accomplice.

REQUISITES:

That 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

That 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

That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice

ACCCESSORIES

Those who, having knowledge of the commission of the crime, and without having participated therein take part subsequent to its commission in any of the following manners:

o By profiting themselves or assisting the offender to profit by the effects of the crime

o By concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery

o By harboring, concealing or assisting the escape of the principal of the crime, provided the accessory acts with abuse of his pubic 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

PUBLIC OFFICERS

The accessory is a public officer

He harbors, conceals, or assists in the escape of the principal

The public officer acts with abuse of his public functions

The crime committed by the principal is any crime, provided it is not a light felony

PRIVATE PERSONS

Accessory is a private persons

He harbors, conceals or assists in the escape of the author of the crime

That the crime committed by the principal is either:

Treason

Parricide

Murder

An attempt against the life of the

Chief Executive

That the principal is known to be habitually guilty of some other crime