Article 16. Who are
criminally liable.
The following are
criminally liable for grave and less grave felonies:
1.
Principals
2.
Accomplices
3.
Accessories
Treble division of persons criminally liable. Rests upon the very nature of their participation in the commission
where the crime committed by many without being equally shared by all, a
different degree of responsibility is imposed upon each and everyone.
Why are accessories not liable for light felonies?
Social
wrong and individual prejudice is so small that penal sanction is not
necessary.
Rules relative to light felonies:
1.
LF are punishable only when
they have been consummated.
2.
But when they have been
committed against persons or property, they are punishable only even if they
are in attempted or frustrated stage.
3.
Only principals and
accomplices are liable for light felonies.
4.
Accessories are not liable
for LF even if they are committed against persons or property.
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Active subjects (criminal)
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Passive subject (victim)
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Natural persons
a.
RPC - person should have acted with malice or negligence
b. Juridical person cannot commit a crime with
intent or willful purpose
c. Substitution of deprivation of liberty for
pecuniary penalties in case of insolvency
d. Other penalties consisting in imprisonment
and other deprivation of liberty, can only be executed against individuals
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man
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Juridical person
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Group
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State
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Dead person (Art 353)
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Officers, not the corporation, are criminally liable. Violation of law
in the exercise of their duties, they answer criminally or their acts.
Criminally liable under special laws:
·
Corporation Law Act 1459
·
Public Service Law, CA 146
·
Securities Law
·
Election Code
Rule:
·
Director, corporate officer
is criminally liable for his acts, though in his official capacity, if he
participated in the unlawful act either as an aider, abettor, or accessory
·
Partner in a partnership is
also criminally liable even if there is no evidence of participation in the
commission of the crime.
