Who are the Persons Criminally Liable?

Sad but true, the victims, his loved ones and society find it impossible to forgive culprits or criminals. That is, of course, the human natural inclination. But God is the God of impossible. He has exhibited his abundant mercy at the cross of Calvary. One of the criminals who hung there with Jesus received the forgiveness and the gift of salvation by believing Him (Luke 23:39-43). Christ has not only paid the price for our own sin but also the sins committed against us. This is the wonder of the cross! So if we desire to have a heart that is ready to forgive, we must begin to look at the cross.

Now putting spirituality aside, under the Revised Penal Code of the Philippines, a person must act with malice/intent or negligence/imprudence to be criminally liable. Suffice it to say, that only natural person can be active subject of crime because of the highly personal nature of criminal responsibility. Therefore, the officers, not the corporation, are the persons who may be held criminally liable.

However, a different degree of responsibility is imposed upon every person criminally liable particularly if a crime is committed by many. In the latter case, they are criminally liable either as: (Art. 16, RPC)

1. Principals;

2. Accomplices;

3. Accessories.

1. Principals

- 3 types of Principals:

a.) Principal by Direct Participation;

b.) Principal by Induction; or

c.) Principal by Indispensable Cooperation.

2. Accomplices

- Persons who cooperate 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. There is however, NO previous agreement or NO conspiracy, only community of design is required, that is, KNOWING the criminal design of the Principal by Direct Participation. Examples:

a.) by previous acts

- lending of a dagger or pistol to the murderer, knowing the latter’s criminal intent.

- the pharmacist, knowing the criminal purpose of the accused in the crime of rape, furnishes him the drug that will put his victim to sleep in order to rape her.

b.) by simultaneous acts

- a person who held the hands of the victim while the Principal by Direct Participation was attacking the victim. Provided, he cooperated without previous agreement or understanding with the principal.

3. Accessories

- Those who, having knowledge of the commission of the crime, he took part subsequent to its commission in any of the following manners:

a.) by profiting themselves or assisting the offender to profit by the effects of the crime.

- a person who received a property from another, and used it, knowing that the same had been stolen.

- In murder, one who shared in the reward given for the commission of the crime.

b.) by concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.

c.) by harboring, concealing or assisting in the escape of the principal of the crime, provided that:

i) if the accessory is a Public officer:

- with abuse of public functions

- any crime

ii) if Private person;

- the crime committed by the principal is either:

1.) treason,

2.) parricide,

3.) murder,

4.) an attempt to take the life of the President; or

5.) the principal is known to be habitually guilty of some other crime.

If any of said crimes was not committed by the principal, such private person may be held liable for obstruction of justice under P.D. No. 1829.