Principal By Direct Participation
On Criminal Law
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.
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.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.