Persons Who Are Criminally Liable
PERSONS WHO ARE CRIMINALLY LIABLE
Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as: 1) principal; (2)accomplice; or (3) accessory.
This classification is true only under the Revised Penal Code and is not used under special laws, because the penalties under the latter are never graduated. Do not use the term principal when the crime committed is a violation of special law. Only use the term “offender.” Also only classify offenders when more than one took part in the commission of the crime to determine the proper penalty to be imposed. So, if only one person committed a crime, do not use principal. Use the “offenders,” “culprits,” or the “accused.”
When a problem is encountered where there are several participants in the crime, the first thing to find out is if there is a conspiracy. If there is, as a general rule, the criminal liability of all will be the same, because the act of one is the act of all.
However, if the participation of one is so insignificant, such that even without his cooperation, the crime would be committed just as well, then notwithstanding the existence of a conspiracy, such offender will be regarded only as an accomplice. The reason for this ruling is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate a clear perversity.
As to the liability of the participants in a felony, the Code takes into consideration whether the felony committed is grave, less grave, or light.
When the felony is grave, or less grave, all participants are criminally liable.
But where the felony is only light only the principal and the accomplice are liable. The accessory is not.
But even the principal and the accomplice will not be liable if the felony committed is only light and the same is not consummated unless such
Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as: 1) principal; (2)accomplice; or (3) accessory.
This classification is true only under the Revised Penal Code and is not used under special laws, because the penalties under the latter are never graduated. Do not use the term principal when the crime committed is a violation of special law. Only use the term “offender.” Also only classify offenders when more than one took part in the commission of the crime to determine the proper penalty to be imposed. So, if only one person committed a crime, do not use principal. Use the “offenders,” “culprits,” or the “accused.”
When a problem is encountered where there are several participants in the crime, the first thing to find out is if there is a conspiracy. If there is, as a general rule, the criminal liability of all will be the same, because the act of one is the act of all.
However, if the participation of one is so insignificant, such that even without his cooperation, the crime would be committed just as well, then notwithstanding the existence of a conspiracy, such offender will be regarded only as an accomplice. The reason for this ruling is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate a clear perversity.
As to the liability of the participants in a felony, the Code takes into consideration whether the felony committed is grave, less grave, or light.
When the felony is grave, or less grave, all participants are criminally liable.
But where the felony is only light only the principal and the accomplice are liable. The accessory is not.
But even the principal and the accomplice will not be liable if the felony committed is only light and the same is not consummated unless such