Article 16-19

Question 1

Three persons who are criminally liable for grave and less grave felonies

Answer 1

1. Principals
2. Accomplices
3. Accessories

Question 2

Two persons who are criminally liable for light felonies:

Answer 2

1. Principals
2. Accomplices

Question 3

Three classifications of principals:

Answer 3

1. Principal by direct participation.
2. Principal by inducement or induction.
3. Principal by indispensable cooperation.

Question 4

Those who take direct part in the execution of the act

Answer 4

Principal by direct participation.

Question 5

Those who directly force or induce others to commit the act

Answer 5

Principal by inducement or induction.

Question 6

Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Answer 6

Principal by indispensable cooperation.

Question 7

Two principals who are present at the crime scene:

Answer 7

1. Principal by indispensable cooperation
2. Principal by direct participation

Question 8

Principal who need not be at the crime scene:

Answer 8

Principal by inducement

Question 9

Principal who takes the direct, fatal blow.
Personally and physically took part in the execution of the acts

Answer 9

Principal by direct participation.

Question 10

Principal by directly forcing another to commit a crime

Answer 10

Principal by inducement or induction.

Question 11

Two ways forcing is done

Answer 11

1. Irresistible force
2. Uncontrollable fear

Question 12

T/F. Both principal and person induced incur criminal liability (principal by direct participation)

Answer 12

True

Question 13

Two requisites for principal by inducement

Answer 13

1. Made directly with the intention of procuring the commission of the crime
2. Be the determining cause of the commission of the crime

Question 14

Two ways to induce

Answer 14

1. Giving a price, or offering reward or promise
2. Using words of command

Question 15

Five requisites for inducement by words of command

Answer 15

1. MUST HAVE THE INTENTION of procuring the commission of the crime
2. MUST HAVE ASCENDANCY or influence over the person who acted
3. MUST BE SO DIRECT, SO EFFICACIOUS, SO POWERFUL, as to amount to physical or moral coercion
4. MUST BE UTTERED PRIOR to the commission of the crime
5. Material executor has NO PERSONAL REASON to commit the crime

Question 16

Principal who performs an act without which the crime would not have been accomplished.

Answer 16

Principal by Indispensable Cooperation

Question 17

T/F. There are at least two persons involved, the principal by direct participation and the principal by indispensable cooperation.

Answer 17

True

Question 18

Those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.

Answer 18

Accomplices. See Article 18.

Question 19

Why important to distinguish principals from accomplices

Answer 19

Effect on penalties.

Question 20

T/F. Effect on penalty if you’re an accomplice is a one degree lower.

Answer 20

True.

Question 21

T/F. Effect on penalty if you’re an accessory is two degrees lower.

Answer 21

True

Question 22

Three requisites to be called an accomplice

Answer 22

1. There exists a community of design.
2. Acts previous or simultaneous to the commission of the crime by supplying material or moral aid
3. Direct relation between the acts done by the principal and those actually committed by the accomplice

Question 23

Difference between knowledge and conspiracy

Answer 23

Conspiracy means you are a part of the decision-making process regarding the commission of the crime. Knowledge simply means you know a crime is going to happen, but you did not partake in the decision-making process.

Question 24

T/F. The accomplice needs to perform the final blow.

Answer 24

False. No need, otherwise you become a principal by direct participation.

Question 25

Offender must not participate as principal or accomplice.

Answer 25

Accessories. See Article 19

Question 26

Two requisites to be called an accessory

Answer 26

1. Knowledge of the commission of the crime. 2. Subsequent participation in it by any of the three enumerated ways

Question 27

T/F. Accessory does not know anything prior to the commission of the crime.

Answer 27

True.

Question 28

Three enumerated ways to be called an accessory

Answer 28

1. By **profiting** themselves or assisting the offender to profit by the effects of the crime. 2. By **concealing or destroying** the body or the instruments used, or the effects thereof is to prevent the discovery of the crime. 3. By **harbouring, concealing, or assisting in the escape** of the principals of the crime, as either a public officer or a private individual.

Question 29

Those accessories exempt from criminal liabilit

Answer 29

In the second and third enumerated way, it happens to be a relative, spouse, legitimate, natural or adopted brothers and sisters or relatives in the same degree

Question 30

PD 1612 is also known as

Answer 30

Anti-fencing law

Question 31

T/F. Anti-fencing law applies only to robbery and theft.

Answer 31

True

Question 32

the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft

Answer 32

Fencing

Question 33

includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing

Answer 33

Fence

Question 34

Four elements of fencing

Answer 34

1. Robbery or theft has been committed 2. The accused, who is not the robber or thief, buys, receives, possesses, keeps, acquires, conceals, sells or disposes or buys and sells the thing derived from robbery or theft 3. The accused knows or should have known that the thing was derived from robbery or theft 4. Intent to gain on the part of the accused

Question 35

T/F. Mere possession of any good which has been the subject of robbery or thievery shall be prima facie evidence of fencing. 

Answer 35

True.

Question 36

Rationale of fencing?

Answer 36

Impose **higher penalties** on persons who profit by the effects of the crimes of robbery and theft.

Question 37

Remedy for those situations that are not enumerated in Article 19?

Answer 37

PD 1829

Question 38

Five new situations enumerated in PD 1829 that define accessories

Answer 38

1. Preventing witnesses from testifying by means of bribery, misrepresentation, deceit, intimidation, force or threats 2. Altering, destroying, suppressing or concealing any paper, record, document or object with intent to impair its verity 3. Harboring or concealing or facilitating the escape of a person he knows or reasonable ground to believe or suspect has committed any offense under the existing penal laws 4. Using fictitious name for the purpose of concealing crime 5. Delaying the case by obstructing the service of court orders