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Principal By Direct Participation

ART.17.PRINCIPALS

THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION (par.1)
2. Principal by INDUCTION (par.2)
3. Principal by INDISPENSABLE COOPERATION (par.3)

Par. 1 – Principals by direct participation
   Requisites:
   1. That they participated in the criminal resolution; and
      (conspiracy)
   2. That they carried out their plan and personally took part
      in its execution by acts which directly tended to the same end.

   NOTE: If the second element is missing, those who did not
   participate in the commission of the acts of execution cannot
   be held criminally liable, unless the crime agreed to be
   committed is treason, sedition, coup d’ etat or rebellion

   MEANING OF “personally took part in its execution”
      - That the principal by direct participation must be at
        the scene of the commission of the crime, personally
        taking part in its execution.

      - Under conspiracy, although he was not present in the
        scene of the crime, he is equally liable as a principal
        by direct participation.

           Ex: One serving as guard pursuant to the conspiracy
               is a principal by direct participation

   CONSPIRACY – there is unity of purpose and intention.
 
   How conspiracy is established:
      - It is proven by overt act beyond reasonable doubt.
      - Mere knowledge or approval is insufficient
      - It is not necessary that there be formal agreement
      - Conspiracy is implied when the accused had a common
        purpose and were united in execution.
      - Unity of purpose and intention in the commission of the
        crime may be shown in the following cases:
           1. Spontaneous agreement at the moment of the
              commission of the crime
           2. Active cooperation by all the offenders in the
              perpetration of the crime
           3. Contribution by positive acts to the realization
              of a common criminal intent
           4. 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

   Regarding multiple rape – each rapist is liable for another’s
   crime because each cooperated in the commission of the rapes
   perpetrated by the others

     EXCEPTION: in the crime of murder w/ treachery – all the
     offenders must at least know that there will be treachery
     in executing the crime or cooperate therein.

   No such thing as conspiracy to commit an offense through
   negligence. However, special laws may make one a co-principal.

   Conspiracy is negated by the acquittal of co-defendant.

Those who are liable:
1. Materially execute the crime
2. Appear at the scene of the crime
3. Perform acts necessary in the commission of the offense

Why one who does not appear at the scene of the crime is not liable:
1. His non-appearance is deemed desistance which is favored and
   encouraged;
2. Conspiracy is generally not a crime unless the law specifically
   provides a penalty therefor.
3. There is no basis for criminal liability because there is no criminal
   participation.









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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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