Article
19. Accessories.
Accessories
are those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1.
By profiting themselves or assisting the offender to profit by the
effects of the crime.
2.
By concealing or destroying the body of the crime or the effects or instruments
thereof, in order to prevent its discovery;
3.
By harboring, concealing, or assisting in the escape of the principal of
the crime, provided that the accessory acts with the abuse of his public
functions or whenever the author of the crime is guilty with 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.
Phrases:
"Having
knowledge" - accessory must have knowledge of the commission of the crime, and he
took part subsequent to its commission. Otherwise he is not liable.
"Commission
of the crime" - the crime committed by the principal must be proven beyond reasonable
doubt.
"Without having
participated therein either as principals or accomplices." - accessory
should NOT be in conspiracy with the principal or participated as accomplices.
"Take
part subsequent to its commission" - Accessory takes part AFTER
the crime has been committed.
Note:
Mere possession of stolen
property does not make the accused an accessory where the thief is already
convicted. But if there has been no one convicted as the thief, the possessor
should be prosecuted as principal of the crime of theft.
Suspicion - being the imagination of the existence of something without proof, or
upon very slight evidence, or upon no evidence at all.
Specific
Acts of Accessories:
1.
By profiting themselves or assisting the offender to profit by the
effects of the crime. Any crime must be committed by the principal except a
light felony.
a.
By profiting themselves by the effects of the crime.
Accessory should not take
the property without the consent of the principal, otherwise he is a principal
in the crime of theft.
When is profiting by the
effects of the crime punished as the act of principal, and not the act of
accessory? When a person knowingly acquired or received property taken by the
brigands (Art. 307)
b.
Assisting the offender to profit by the effects of the crime.
Accessory After the Fact. An accessory after the
fact is someone who, knowing that a felon has finished committing a crime
(usually the crime has to be a felony), helps the felon avoid arrest or trial.
2.
By concealing or destroying the body of the crime to prevent its
discovery. Any crime except L.F. committed by the principal.
Corpus
delicti or body of the crime. Specific offense was in fact committed by
someone. Not necessary the body of the victim.
There must be an attempt to
hide the body of the crime.
Example:
a.
Those who assist in the burial of the victim;
b.
Furnishing the means to make it appear that the deceased was armed when
in fact the victim was already dead.
3.
By harboring, concealing or assisting in the escape of the principal of
the crime.
2 Classes
of Accessories:
a.
Public officers with abuse of public functions.
Requisites:
1.
The accessory is a public officer;
2.
He harbors, conceals, assists in the escape of the principal
3.
That he acts with abuse of his public functions.
4.
The crime committed by the principal is any crime, not LF.
b.
Private persons:
Requisites:
1.
Accessory is a private person;
2.
He harbors, conceals or assists in the escape of the principal;
3.
Crime committed by the principal is either:
a.
Treason
b.
Parricide
c.
Murder
d.
Attempt against the life of the president
e.
That the principal is known to be habitually guilty of some other crime
Notes:
Mayor who refused to
prosecute offender is Accessory.
One kept silent with regard
to the crime he witnessed is not an accessory.
Q. May the Accessory be tried and declared guilty
ahead of the principal?
A. As a rule the answer is no because of the
principle that the liability of the Accessory is Subordinate to that of the
Principal. There must first be a person convicted as a principal before there
can be an accessory.
B. However, the accessory maybe prosecuted ahead of
the principal even if the principal has not yet been identified or arrested or
has surrendered if: First; the act of the accessory is under either
paragraph (a) or (b) or Second; even under paragraph C if the principal
has not yet been placed under the jurisdiction of the authorities.
C. Once the principal is later tried but the case
against the accessory has not yet been terminated, the trial against the
accessory must be suspended to await the out come of the trial against the
principal. However the two cases maybe consolidated and tried jointly, if
proper.
Pasted from <http://www.batasnatin.com/law-library/criminal-law/general-provisions/1051-persons-criminally-liable.html>
Q. If the principal is acquitted, should the
accessory be also acquitted?
A. If the principal was acquitted by reason of a
justifying circumstance, then the accessory must also be acquitted.
B. If the principal was acquitted due to an
exempting circumstance, the accessory may still be convicted.
C. If the ground is that the guilt was not proven
beyond reasonable doubt, the accessory may still be convicted if his acts fall
under either paragraph (a) or (b)
Pasted from <http://www.batasnatin.com/law-library/criminal-law/general-provisions/1051-persons-criminally-liable.html>
Q. If the principal dies, may the accessory still
be prosecuted?
A. Yes, if the act is under either paragraph (a) or
(b)
B. But if his act falls under paragraph ( c) there
are two views on the matter. The first view holds that he cannot be prosecuted
for in legal contemplation there was no principal whom he assisted. The second
view holds that the accessory may still be prosecuted because the death merely
extinguished the liability of the principal but the crime remains and the
participation of the accessory in it may still be proved.
Pasted from <http://www.batasnatin.com/law-library/criminal-law/general-provisions/1051-persons-criminally-liable.html>
