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Accessories


ART.19

Accessories are those who:
1. having knowledge of the commission of the crime, and
2. without having participated therein either as principals or
   accomplices, take part subsequent to its commission in any
   of the following acts:
   a. By profiting themselves or assisting the offender to profit
      by the effects of the crime.
   b. Assisting the offender to profit by the effects of the crime.
   c. By concealing or destroying the body of the crime to prevent
      its discovery.

In profiting by the effects of the crime, the accessory must
receive the property from the principal. He should not take it
without the consent of the principal. If he took it without the
consent of the principal, he is not an accessory but a principal
in the crime of theft.

EXAMPLE:
PAR. 1 - person received and used property from another, knowing
         it was stolen
PAR. 2 - placing a weapon in the hand of the dead who was
         unlawfully killed to plant evidence, or burying the
         deceased who was killed by the principals
PAR. 3 - a) public officers who harbor, conceal or assist in
            the escape of the principal of any crime (not light
            felony) with abuse of his public functions
         b) private persons who harbor, conceal or assist in
            the escape of the author of the crime – guilty of
            treason, parricide, murder or an attempt against
            the life of the President, or who is known to be
            habitually guilty of some crime.

GENERAL RULE: If the Principal is acquitted the Accessory is
also acquitted. The responsibility of the accessory is
subordinate to that of the principal in a crime

   Exception: When the crime was in fact committed by the
   principal, but the principal is covered by exempting
   circumstances (Art 12) and as a result he is not held liable.
   However, it is possible that the accessory may still be held
   liable even if the principal was acquitted by an
   exempting circumstance.

   Trial of accessory may proceed without awaiting the result
   of the separate charge against the principal because the
   criminal responsibilities are distinct from each other.

Two classes of accessories contemplated in par. 3 of art. 19
1. PUBLIC officers, who harbor, conceal or assist in the escape
   of the principal of any crime (not light felony) with abuse
   of his public functions.

      Requisites:
      1. The accessory is a public officer.
      2. He harbors, conceals, or assists in the escape of the
         principal.
      3. The public officer acts with abuse of his public functions.
      4. The crime committed by the principal is any crime,
         provided it is not a light felony.

2. PRIVATE persons who harbor, conceal or assist in the escape
   of the author of the crime who is guilty of treason, parricide,
   murder, or attempts against the life of the President, or
   who is known to be habitually guilty of some other crime.

      Requisites:
      1. The accessory is a private person.
      2. He harbors, conceals or assists in the escape of the
         author of the crime.
      3. The crime committed by the principal is either:
         a. Treason,
         b. Parricide,
         c. Murder,
         d. An attempt against the life of the President, or
         e. That the principal is known to be habitually guilty
            of some other crime.

      Neither the letter nor the spirit of the law requires that
      the principal be convicted before one may be punished as
      an accessory. As long as the corpus delicti is proved and
      the accessory’s participation as such is shown, he can be
      held criminally responsible and meted out the corresponding
      penalty (Inovero vs. Coronel, CA, 65 O.G.3160).

      The prescribed acts of the accessory under par.2 must have
      been intended to prevent the discovery of the crime, hence,
      mere silence does not make one an accessory. If, however,
      the crime involved is a conspiracy to commit treason, his
      silence may hold him liable for misprision of treason
      (Art. 116) but as a principal thereof.

      Where the accused misleads the authorities by giving them
      false information, such act is equivalent to concealment
      and he should be held as an accessory.

Principal Distinguished from Accessory
1. Principal - Takes direct part or cooperates in, or induces
   the commission of the crime.

   Accessory - Does NOT take direct part or cooperates in, or
   induces the commission of the crime.

2. Principal - cooperates in the commission of the offense by
   acts either prior thereto or simultaneous therewith.

   Accessory - does not take part in the commission of the
   offense.

3. Principal - Participates during commission of the crime.

   Accessory - Participation of the accessory in all cases
   always SUBSEQUENT to the commission of the crime.



















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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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