Article
17. Principals.
1.
Those who take direct part in the execution of the act.
2.
Those who directly force or induce others to commit it.
3.
Those who cooperate in the commission of the offense by another act
without which it would not have been accomplished.
1. Direct Participation
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2. By force or inducement
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3. By cooperation
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Ex. B kills C in C's island
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A
induce B to kill C
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D owns
a motor boat that could take the culprit to C's island, and knows A's and B's
plan to kill C
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One who personally takes part in the execution of the act: shoot,
kill, burn, hack, drown, etc.
"personally took part in its execution." - principal
by direct participation must be at the scene of the commission of the crime,
personally taking part in its execution.
- Although not presence in the crime, he is equally
liable as a principal by direct participation.
Example:
on serving as a look out while the crime was going on.
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2 ways of becoming principal by induction:
1.
By directly forcing another to commit a crime;
a.
By using irresistible force;
b.
By causing uncontrollable fear
2.
By directly inducing another to commit a crime.
a.
By giving price, reward, promise
1.
Offers RWP - P by Inducement
2.
Receiver - P by DP
b.
By using words of command
1.
Commands - P by Inducement
2.
Acts on the command - P by DP
·
Requisites:
1.
Inducement be made directly with the intention of procuring the
commission of the crime
2.
One who made the command must have ascendancy or influence over the
person who acted.
3.
Words used must be direct, efficacious, so powerful as to amount to
physical or moral coercion
4.
Words of command must be uttered prior to the commission of the crime.
5.
Material executor of the crime has no personal reason to commit the
crime
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Requisites:
1.
Participation in the criminal resolution, that is, there is anterior
conspiracy or unity of criminal purpose and intention immediately before the
commission of the crime charged;
2.
Cooperation in the commission of the offense by performing another
act, without which the crime would not have been accomplished.
"cooperation in the commission of the offense." - to
desire or wish in common a thing. But that common will or purpose.
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2 or more principals by DP:
1.
They participated in the criminal resolution (conspiracy)
2.
They carried out their plan and personally took part in its execution
by acts which directly tended to the same end
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Notes:
Thoughtless
expression is not an inducement to kill.
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Notes:
If the
cooperation is indispensable, he is liable as a principal by indispensable
cooperation.
If the
cooperation is not indispensable, he is liable as an accomplice
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Collective
Criminal responsibility. All the conspirators are liable as co-principals.
Individual
Criminal responsibility. Absence of previous conspiracy, unit of criminal purpose and intention
immediately before the commission of the crime, or community of criminal
design, the criminal responsibility arising from different acts directed
against one and the same person is considered as individual, and each of the
participant is liable only for the act committed by him.
Conspiracy.
Conspiracy exists when two
or more person come to an agreement concerning the commission of the felony and
decide to commit it.
How conspiracy is
established:
·
Proven by overt act and beyond reasonable doubt
·
Mere knowledge or approval is insufficient
·
Not necessary that there be formal agreement
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Implied conspiracy. Where the accused had a common purpose and were
united in execution.
·
Unity of purpose and intention;
·
Spontaneous agreement at the moment of the commission of the crime
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Active cooperation by all the offenders in the perpetration of the crime
·
Contribution by positive acts to the realization of a common criminal
intent
·
Presence during the commission of the crime by a band and lending moral
support thereto.
·
While conspiracy may be implied from the circumstances attending the
commission of the crime, it is nevertheless a rule that conspiracy must be
established by positive and conclusive evidence.
Notes:
·
Conspirator is not liable for the crimes of the others which are not the
object of the conspiracy nor are logical or necessary consequences thereof
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No conspiracy to commit an offense through negligence. However, special
laws may make one a co-principal.
·
Conspiracy is negated by the co-acquittal of co-defendant.
