2. Different Actors in
Crime and Their
Participation
โขThey are:
1.Principal
2.Accomplices
3.Accessories
3. Art. 17 Principals
โขThe following are considered as
principals:
1.Principal by Direct Participation
2.Principal by Inducement or
Induction
3.Principal by Indispensable
Cooperation
4. 1. Principal by Direct
Participation
โขThose who take a direct part
in the execution of the act.
โขEx. 1: Noynay killed Moreno
by stabbing through the use
of bladed weapon.
5. โขEx. 2: Ragsag sets the house
of Arreglo on fire.
โขEx. 3: Noynay who is a gang
member shoots and kill
another rival gang member.
โขEx. 4: Darwen, Aldrin and
Ignacio were the rejected
suitors of Monceller because
her heart already belonged to
Henoguin.
6. โขThe three of them planned to
kill Henoguin. When this trio
saw Henoguin, Darwen ran up
to Henoguin and got him on a
rear naked choke. Aldrin got
hold of a piece of metal and
hit Henoguinโs head. Ignacio
pulled out his knife and
stabbed Henoguin. Henoguin
died as a result.
7. 2. Principal by
Inducement or Induction
โขThose who directly force or
induce others to commit it.
โขEx: Velasco hired the
services of Robin in killing
Nebato, which Robin did.
8. 3. Principal by
Indispensable Cooperation
โขThose who cooperate in the
commission of the offense by
another act without which it
would not have been
accomplished.
9. โขEx: Noynay was rejected by
Pantaleon. Amor is the landlady of
the boardinghouse where
Pantaleon lived. Amor happened to
be a relative of Noynay. One day
Noynay talked to Amor, and Amor
gave the duplicate key to Noynay.
At midnight, Noynay with a
duplicate key opened the room of
Pantaleon and then and there
raped and killed her.
10. Art. 18 Accomplices
โขAccomplices โ are the
supporting actors in the
crime. They do not take
active participation in
carrying out the commission
of the crime โbut they
cooperate in the execution of
11. the crime through their
previous or simultaneous
acts.โ The extent of their
participation is merely to
assist the principal and their
presence is not indispensable
in the commission of the
crime. In other words, they are
mere sidekicks.
12. โขEx: In a heated quarrel, Robin
was choking Desierto. Then,
Nebato ran up and delivered a
fatal blow with a bamboo
stick on the head of Desierto.
After the blow struck by
Nebato, Robin continued to
choke Desierto until life was
extinct.
13. Art. 19 Accessories
โขAccessories โ 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:
14. 1. By profiting themselves or
assisting the offender to
profit by the effects of the
crime.
โขEx: A person who received
any property from another,
and used it, knowing that the
same had been stolen, is
guilty of the crime of theft as
accessory.
15. 2. By concealing or destroying
the body of the crime, or the
effects or instruments thereof,
in order to prevent its
discovery.
16. โขEx: Arnado buried the corpse
of Dan who was killed by his
friend Moreno, and because
of that it took time for the
authorities to discover the
crime.
17. 3. By harboring, concealing, or
assisting in the escape of the
principals of the crime, provided
the accessory acts with abuse of
his public functions or whenever
the author of the crime is guilty
of 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.
21. Art. 246 Parricide
โขAny person who shall kill his
father, mother, or child, whether
legitimate or illegitimate, or any
of his ascendants, or
descendants, or his spouse,
shall be guilty of parricide and
shall be punished by the penalty
of reclusion perpetua to death.
23. 3.That the deceased is the
father, mother, or child,
whether legitimate or
illegitimate, or any of his
ascendants, or descendants,
or the legitimate spouse of the
accused.
24. Art. 247 Elements of Death
or Physical Injuries
Inflicted under Exceptional
Circumstances
1.That a legally married
person, or a parent,
surprises his spouse of his
daughter, the latter under 18
25. years of age and living with
him, in the act of committing
sexual intercourse with
another person.
2. That he or she kills any or
both of them, or inflicts upon
any or both of them any
serious physical injury in the
act or immediately thereafter.
26. 3. That he has not promoted of
facilitated the prostitution of
his wife or daughter, or that he
or she has not consented to
the infidelity of the other
spouse.
27. Art. 248 Murder
โขAny person who, not falling
within the provisions of Article
246 shall kill another, shall be
guilty of murder and shall be
punished by reclusion temporal
in its maximum period to death,
if committed with any of the
following attendant
circumstances:
28. Elements of Murder
1.That a person was killed.
2.That the accused killed that
person.
3.That the killing was
attended by any of the
qualifying circumstances
29. mentioned in Article 248 in the
RPC; and
4. That the killing is not
parricide or infanticide.
30. Qualifying Circumstances
Mentioned in Article 248.
1. With treachery, taking
advantage of superior
strength, with the aid of
armed men, or employing
means to weaken the defense
or of means or persons to
insure or afford impunity.
32. 3. By means of inundation,
fire, poison, explosion,
shipwreck, stranding of a
vessel, derailment or assault
upon a street car or
locomotive, fall of an airship,
by means of motor vehicles, or
with the use of any other
means involving great waste
and ruin.
33. 4. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a
volcano, destructive cyclone,
epidemic or other public
calamity.
34. 5. With evident premeditation.
6. With cruelty, by
deliberately and inhumanly
augmenting the suffering of
the victim, or outraging or
scoffing at his person or
corpse.
35. Art. 249 Homicide
โขAny person who, not falling
within the provisions of Article
246, shall kill another without the
attendance of any of the
circumstances enumerated in the
next preceding article, shall be
deemed guilty of homicide and be
punished by reclusion temporal.
36. Elements of Homicide
1.That a person was killed.
2.That the offender killed him
without any justifying
circumstances.
3.That the offender had the
intention to kill, which is
presumed.
37. 4. That the killing was not
attended by any of the
qualifying circumstances of
murder, or by that of parricide
or infanticide.
38. Art. 251 Elements of
Death Caused In a
Tumultuous Affray
1.That there are several
persons.
39. 2. That they do not compose
groups organized for the
common purpose of assaulting
and attacking each other
reciprocally.
3. That these several persons
quarreled and assaulted one
another in a confused and
tumultuous manner.
40. 4. That someone was killed in
the course of the affray.
5. That it can not be
ascertained who actually
killed the deceased.
6. That the person or persons
who inflicted serious physical
injuries or who used violence
can be identified.
41. Art. 252 Elements of
Physical Injuries
Inflicted In a
Tumultuous Affray
1.That there is a tumultuous
affray.
42. 2. That a participant or some
participants thereof suffered
serious physical injuries or
less serious in nature only.
3. That the person responsible
therefore cannot be identified.
4. That all those who appear
to have used violence upon
the person of the offended
party are known.
43. Art. 253 Elements of Giving
Assistance to Suicide
1.Assisting another to commit
suicide, whether the suicide
is consummated or not.
2.Lending his assistance to
another to commit suicide to
the extent of doing the
killing himself.
44. Art. 254 Elements of
Discharge of Firearms
1.That the offender discharges
a firearm against or at
another person.
2.That the offender had no
intention to kill that person.
45. Art. 255 Infanticide
โขThe penalty provided for
parricide in Article 246 and
for murder in Article 248 shall
be imposed upon any person
who shall kill any child less
than three days of age.
46. Elements of Infanticide
1.That a child was killed.
2.That the deceased child was
less than three days old or
seventy-two hours old.
3.That the accused killed the
said child.
48. 2. That violence is exerted, or
drugs or beverages
administered without the
consent of the woman, or
that the accused otherwise
acts upon such pregnant
woman with her consent.
49. 3. That as a result of the use
of violence or drugs or
beverages upon her, or any
other act of the accused, the
fetus die, either in the womb
of after having been expelled
therefrom.
4. That the abortion is
intended.
50. Art. 257 Unintentional
Abortion Elements
1.That there is a pregnant
woman.
2.That violence is used upon
such pregnant woman
without intending an
abortion.
51. 3. That violence is
intentionally exerted.
4. That as a result of the
violence, the fetus dies, either
in the womb of after having
been expelled therefrom.
52. Art. 263. Serious
Physical Injuries
โขThe crime under Article 263
of the RPC is committed in
the following manner:
1.By wounding
2.By beating
3.By assaulting
53. Elements of Serious
Physical Injuries
1.That a person beats, wounds
or assaults another resulting
injuries of the body.
2.That there is no intent to kill.
(if there is an intent to kill,
the crime may be attempted
or frustrated homicide)
54. Art. 265 Elements of
Less Serious Physical
Injuries
1.That the offended party is
incapacitated for labor for
ten days or more (but not
more than thirty days), or
needs medical attendance
for the same period of time.
55. 2. That the physical injuries
must not be those described in
the preceding articles.
56. Art. 266 Elements of
Slight Physical Injuries
and Maltreatment
1.Physical injuries which
incapacitated the offended
party for labor from one to
nine days, or required
medical attendance during
the same period.
57. 2. Physical injuries which did
not prevent the offended party
from engaging in his habitual
work or which did not require
medical attendance.
3. Ill-treatment of another by
deed without causing any
injury.
