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CRIMLAW I

Notes
Crim law is the branch of public law that 3. It must not be in a nature of a bill of
deals with crimes, treat of their nature and attainder (law that penalizes and
provides their penalties offender without due process)
4. No unusual punishment or excessive
There are 2 offended parties: state and fines
private complainant (e.g. PEOPLE v.)
Characteristics of Criminal Law (TGP)
There are 2 liabilities: Civil and criminal 1. Territoriality – our penal laws will
liability only have force and effect only
within the Philippine archipelago
Only Criminal liability is extinguished upon (issue is the place)
the death of the accused. The civil liability
does not go to the state but only to the The effect of mental violence is a
private complainant continuous offense. Regardless of
the place where it was first
The private offended party is the only one committed.
who can waive civil liability
Exceptions:
Crimes are an act that is either committed -Committed an offense while on a Philippine
or omitted. If commission, it is an overt act. ship or airship
-Forged or counterfeited coins of the PH
A law can be by the RPC or by a special law. -Introduction of the counterfeit
If violation of RPC, it is a Felony. If violation -Public officer and commits offense in the
of special law, it is an offense. If violation of exercise of your function
local law or ordinance, it is an infractions. -crime against national security
2. Generality – our penal laws is
Felony (Mala Inse) - inherently wrong; binding on all person who live
needs to prove criminal intent. sojourn or reside in the PH
Offense (Mala Prohibita); the mere fact that regardless of the nationality (issue is
you committed the act, it is already a crime. the person)

However, there are also violation of special Exceptions:


laws which are inherently wrong - Generally accepted principles of
international law (sovereigns, head of
The Legislation enacts criminal laws. states, diplomatic representative) – immune
However their power is not absolute. from criminal jurisdiction. They enjoy
blanket immunity (all criminal, civil, and
Limitations: administrative immunity)
1. The law should be general in
application (not in violation of the Consuls are diplomatic that do not enjoy
equal protection clause) immunity. They can executed in a host
2. Must not be an ex post facto law country, except the act is done relating to
(makes an act criminal although his official function and if there is a treaty
when committed it was not yet so) between the parties.
CRIMLAW I
Notes
If not a diplomatic representative, treaties,
or performance in their official duties. Technical Malversation although in RPC is
(those exempted from liability) not Mala Inse but Mala Prohibitum. Good
-Laws of preferential application faith is not a defense.

3. Prospectivity – penal laws are only There is no crime if there is no law


applied prospectively. punishing it.

Exceptions: Art II.


-If they favor the accused, provided that the Exception to the territoriality principle of
accused is not a habitual offender criminal law
-Explicit retroactivity. The law itself
provides. 1.Offense committed on a PH ship or airship
-vehicle must be registered and
Supreme court cannot touch the merits but licensed in the PH
only can lessen the penalty 2. Counterfeiting or introducing
counterfeited legal tender
Proreo doctrine: penal laws are always 3. Public Officer committing an offense in
construed liberally in favor of the accused the exercise of their official function
and strictly against the state. (there is 4. Crimes against national security (treason,
constitutional presumption of innocence) esponnage, correspondence with hostile
country, piracy)
Lenity Rule: if susceptible to 2
intepretations, lenient and strict, the lenient
interpretation prevails. Art III.
Acts and omission punishable by law are
Equipoise Rule: if the evidence of felonies. By deceit or dolo, or fault or culpa.
prosecution and evidence of defense is
equally balance, the scale of justice would Two types of Felonies:
be in favor of the accused. 1. Intentional – committed by the
deliberate intent. (there is criminal
Utilitarian theory/ Protective theory: the intent, freedom to commit the act,
purpose of the penalty is to protect society intelligence)
from actual and potential wrong doers. 2. Culpable – result from imprudence,
negligence, lack of foresight and lack
Mala Inse vs Mala Prohibita: of skill. (there is criminal negligence,
Mala inse are inherently wrong and evil, freedom, intelligence)
wrong by their very nature (basis is the
criminal intent) (attempted, frustrated) General Criminal Intent vs Specific Criminal
(principal, accomplice, accessory). Mala Intent:
Prohibita only wrong because there is a law General is presumed by law, from the mere
defining them and punishing the act (basis doing of the act. (no proof required)
is the actual act or doing)(consummated) (Assumed)
(all perpetrators are punished similarly).
CRIMLAW I
Notes
Specific is never presumed. Must be proved
by the prosecution. (never assumed) (proof If not efficient intervening cause, then
beyond reasonable doubt) proximate cause doctrine applies.

If victim dies or injury is fatal, general Instances:


criminal intent is assumed. -Mistake in the blow (liable, even if not
the intention)(crime against intended
Intent vs Motive: victim and crime against the victim)
Motive is the moving power which impels -Mistake in identity (liable, even if not
the person to do the act to achieve result. the intention) (crime against the actual
Motive itself is not the criminal intent per victim) the intended victim is not in the
se. It is not an element of the crime. scene of the crime
-The consequence was beyond your
Mistake of Fact: intention (Praeter intentionem) there is
Misapprehension of facts on the part of the a mitigating circumstance when the
person who caused injury to another. It offender has no intention to commit so
negates criminal liability. (there is no grave a wrong.
criminal intent). Can only be raised mistake
of fact in Intentional Felonies. Complex Crime: single act constitutes
two or more felonies. (Art 48) (only
Elements of Mistake of Facts penalizes the graver crime) Only applies
1. The act done would have been to grave or less grave crimes
lawful and justifiable if the facts
were what they believed to be If the intended felony is different from
2. The intention must be lawful the actual felony, the lesser penalty is
3. No fault, negligence, or carelessness Imposed. (Art 49 does not apply)

2. Any person performing an act which


Art IV. would be an offense to persons and
properties, were it not for the
Criminal Liability Incurred: inherent impossibility of its
1. By any person committing a felony accomplishment or on account of
although the wrongful act done from the employment of inadequate or
that of what she intended ineffectual means

Proximate Cause Doctrine: Elements of impossible crime:


-intended act is a felonious act -the act is a crime against person or
-the resulting act is also a felony property
-the resulting felony is the direct logical -done with evil intent
consequence of the intended act -not accomplished because of inherent
impossibility or inadequate means
Efficient Intervening Cause - active -act does not fall under RPC conditions
course distinct and absolutely foreign
from the felonious act Impossible crime is the last resort
CRIMLAW I
Notes
-weapon used
-location, nature, and number of the
wounds
Art VI. -acts or statements made

Stages in Felony:
1. Attempted – when the offender 3. Consummated
commences the commission of a -Arson (no frustrated) (Only
felony of an overt act and does not attempted and consummated)
perform all the acts of execution due -Rape (no frustrated) (Only
to other than his own desistance attempted and consummated) (rape
-commences the felony directly by is consummated when there is
overt act (basis of the penalty is the penetration, or tip of penis to the
overt act) (intention is immaterial) labia)
-was not able to perform all act of
execution (own desistance, negates Attempted rape vs Acts of
criminal liability but only during the Lasciviousness:
attempted stage) Intent either to penetrate or
-not able to perform the acts due to not, if there is the crime is
accidents other than his own attempted rape; if no intent
desistance to penetrate, act of
lasciviousness.
Indeterminate offense (ambiguous
acts) cannot charge a person with -Theft (no frustrated) (Only
indeterminate offense because it has attempted and consummated)
no juridical standpoint in the penal
code

Formal crimes are consummated at Art VIII.


once.
GR: Conspiracy and proposal are not
2. Frustrated – when the offender punishable, except when they are
performed all the acts of execution specifically provided.
which would produc ethe felony as a
result, but nevertheless do not Acts of Conspiracy (act of one is act
produce it of reasons independent of all) (if conspiracy is not
of the will of perpetrator established, only participation in the
-offender performed all acts nothing crime can be charged)
more is left to do -Treason
-not produce by causes independent -Rebellion
of the will of pepetrator -Coup de etat
-Sedition
Intent to kill:
-motive
CRIMLAW I
Notes
-Unlawful aggression (physical or
Art IX. material attack, actual or imminent,
unlawful)
Grave Felony - capital punishment or -Reasonable necessity of means
afflictive penalties according to Art employed (nature and number of
25 (reclusion perpetua, reclusion weapons, personal circumstances,
temporal, and prision mayor) place)
-Lack of sufficient provocation (can
Less Grave – (prission correctional or have provocation, but must not be
pression mayor) sufficient) (sufficient provocation, is
equivalent to the aggression)
Light Felony – (Arresto mayor or fine
not exceeding 40,000) 2.Defense of a relative
Elements of defense of relative
-unlawful aggression
Art X. -reasonable necessity of the means
RPC can be suppletorily applied to -in case provocation was given the
special laws one making the attack, the
defendant had no part there in

Art XI. Relatives Included:


-spouse
If there are justifying circumstances, -ascendants
the offender acted within the -descendants
bounds of the law. There is also no -legitimate natural adopted brothers
civil liability. No transgression of the and sisters
law. -relatives by affinity within the same
degree
Admitting act of admission and -relative by consanguinity within the
defense. 4th civil degree

In this, there is an inverted trial. The 3.Defense of a stranger


burden of proof is shifted, that the Elements of defense of stranger:
elements of the justifying -unlawful aggression
circumstance is present. Failure to -reasonable necessity of the means
prove, leads to conviction. -person defending shall not be
induced by revenge, resentment, or
Does not incur criminal liability: other evil motive
1. Acts in defense of his person or
rights (self-defense) 4.state of necessity
Elements:
Elements of Self Defense: -evil sough to be avoided actually
exists
CRIMLAW I
Notes
-the injury feared is greater than Absence of freedom, voluntariness and
what was done intelligence.
-no other practical or less harmful
means of preventing 1. Imbecile person – someone who’s
already advance in age but his
The accused should not be the one mental capacity is like a child. All
who caused the state of necessity instances no exemption.
- Insane person – lacks total
5.Fulfillment of Duty understanding of right and
Elements: wrong. Burden of proof is on
-acted in due performance of his duty or you. XPN: Lucid Interval
right or office
-resulting felony is unavoidable or a Paragraph 2 and 3 in the RPC is repealed.
necessary circumstance or performance of
duty 2. Minority (15 years old below) – shall
be exempt from criminal liability
6.Obedience to a lawful order
Elements: 15-18 (w/out discernment) – exempt
-order issued by a superior 15-18 (w/ discernment) -not exempt
-order must be lawful (penalties be charged or judgement
-means used to carry out must also be when reaching age of 18 above)
lawful (placed under CICF under suspended
sentence) (prescription of
*7. (VAWC RA 9262) Battered woman suspended sentence after reaching
syndrome (do not incur any criminal or civil 21 years old)
liability even though not elements of self-
defense is not present) (pattern of *status offense: any conduct not considered
psychological symptoms as a result of an offense or not penalized if committed by
cumulative abuse) a child (brought to the residence or
barangay hall to be released with their
Violent Cycle: parents only)
-Tension building
-Acute battering 3. Accident (no criminal and no civil
-Loving non-violent phase liability)

Elements of accident:
Art XII. -performing a lawful act
Exempting Circumstance: if present, would -due care
serve to exempt the offender from criminal -caused an injury by mere accident
liability only. Not civil liability. -without fault or intent
There was no voluntariness.
Consequence: Admitting indeed committed 4. Any person who act under
the act, but “I did not act voluntarily.” irresistible force is exempt to
criminal liability
CRIMLAW I
Notes
- There mut be physical force and Kinds of mitigating circumstance:
the force must be irresistible and -Ordinary (can offset generic and
coming from a third person. aggravating) (can lower penalty to lower
- It reduces a person to a mere period)
instrument -Privilege (no offset. Cannot be offset by any
- There is no freedom of force aggravating circumstance) (effect is to lower
penalty to one degree)
5. Uncontrollable fear: any person
under the impulse of fear is exempt 1. Incomplete justifying or exempting
from liability, not required to have circumstance: all elements necessary
physical force are not attendant. If all elements not
present to exempt are incomplete
Elements: exempting circumstance. (can be
-existence of uncontrollable fear ordinary or privilege circumstance)
-existence is real or imminent
-fear must be greater or equal to the act If majority of elements are present,
committed (no freedom of action) shall be treated as privilege

6. Any person who fails to perform an If less than majority of elements are
act by law when prevented by present, it shall be ordinary
insuperable cause (exempt from
both criminal and civil liability) If all are present, it is justifying
circumstance
Justifying vs Exempting:
Justifying (offender acted within the wall) In the case of self-defense, there
(what affected is the act committed) (no should always be unlawful
crime and no criminal) (if no criminal aggression. If no unlawful
liability, there is also no civil liable except in aggression, there is no justifying and
state of necessity) (raise in intentional mitigating circumstance.
felony)
Exempting (offender violated the law) (what 2. Minority and Seniority: offender is
affected is the offender himself) (there Is a under 18 years of age or over 70
crime but no criminal) (no criminal liability, years old.
but there is civil liability, except accident
and insuperable cause) (raised in both Minority if not exempting is always privilege
intentional and culpable) mitigating circumstance. lowered by one
degree. (over 15 under 18, acted with
discernment) (Art 68, RPC)
Art XIII.
Only minority can be privilege. If seniority,
Mitigating: If present they will either lower, only ordinary.
reduce or increase imposable penalty
3. What you intended the result was
worse or greater
CRIMLAW I
Notes
7. Voluntary surrender/ voluntary plea
Elements: of guilt (voluntary surrendered
-felony committed himself or confessed) (gives rise to 2
-there is disparity between the means separate mitigating circumstance,
Surrender and plea of guilt) (must be
4. Sufficient provocation (on the part of spontaneous and unconditional)
the offended party or victim,
immediately proceeding the act) Element:
-offender has not been actually arrested
Elements: -surrendered to a person in authority or his
-provocation must be sufficient agent (PIA: judge, major, brgy chairman,
-provocation originates from victim gov) (Agents: police, brgy tanods)
-immediate from the commission of felony -surrender must be voluntary

5. Immediate vindication of a grave Voluntary plea of guilt


offense (must be a grave offense) Elements:
Elements: -Offender pleaded guilty, spontaneously and
-there is grave offense done to the accused unconditionally
or any member of his family -Done in open court
-commission of the crime was done in -done before presentation of evidence, or
immediate vindication of grave offense (the during arraignment
proximate cause is the grave offense
committed) (immediate vindication: allows If element 4,5,6 is present, all these three
lapse of time. Sufficient that the grave shall be accepted only as one mitigating
offense if the proximate cause for circumstance
commission)

Sufficient vs Vindication 8. Physical Defect (Deaf and Dumb)


Sufficient restricts his means of action,
(no lapse of time) (accuse immediately defense or communication
acted against the victim) -suffering physical defects
-defect restricts his means of action and
Vindication communication
(there can be lapse of time) (grave offense is
proximate cause The defect must have a connection to the
crime committed
6. Passion and Obfuscation
Element: 9. Illness: that diminishes the exercise
-act unlawful and sufficient of the willpower of the offender
-commission of crime is not far removed (lessen consciousness or lessen
from the act that produced the passion willpower, not total absence)
(must arise from lawful sentiments because
unlawful acts were done against him) 10. Analogous circumstances: anything
not enumerated from 1 to 9 but
CRIMLAW I
Notes
anything similar or having the same
effect shall be considered analogous.
Specific Aggravating Circumstance:

Art XIV 1. Advantage of public position (must


be a public officer) (used , misused,
Kinds of Aggravating circumstance or abuse his public position in order
to commit the crime)
1. Generic (applies to all crimes but if 2. In contempt or insult to public
specific, only apply to particular authorities
crimes) Elements:
-engaged in the discharge of his
(specific aggravating circumstance e.g, function
treachery) -not the person against whom the
crime is committed
2. Inherent aggravating circumstance -the offender knows that he is a
(those which are considered public authority
ingredients in the commission of the -presence of a public authority, did
crime, when present, no long not prevent offender from
aggravating but as an element of the committing the crime
crime) (absorbed in the commission
of the crime) The public authority must not be the
victim. If he is the victim, it is direct
3. Special aggravating circumstance assault
(impose the maximum penalty 3. Disregard of rank, age, sex and
prescribed by law) (special penalty is privacy of dwelling
the one imposed regardless of the
presence of mitigating circumstance) Offender deliberately insulted or
(cannot be offset by any aggravating disregarded the ff: social standing , minor
circumstance) age or senior age, womanhood (babae lang
ang victim), one’s abode or dwelling (victim
4. Qualifying aggravating circumstance must be inside his dwelling)
(will change the nature of the crime)
Dwelling: used for rest and comfort
It must be alleged in the information Instances Dwel
and proven during the trial. If not ling cannot be invoked: (victim gives
alleged in the information, it is not provocation to the accused, accused and
acknowledged or appreciated at the victim living in the same dwelling, dwelling
court even if proven in the trial. is inherent in the commission of the crime)
4. Abuse of confidence or
Justifying, mitigating and exempting can be ungratefulness
not included in the information because it is Elements:
the accused who need to prove this. -victim trusted the offender
CRIMLAW I
Notes
-offender has violated the trust and 7. Committed in the occasion of
confidence calamities (conflagration, shipwreck,
-abuse of trust facilitated the commence of epidemic, etc)
crime 8. In the aid of armed man or ensure or
afford impunity (the armed are not
Ungratefulness must be obvious, evident the offender, only aided the
and apparent perpetrator, or the accomplices)
5. Crime is committed in the palace of 9. Recidivism: one who at the time of
the chief executive, or in his his trial who has been previously
presence or place where authorities convicted of a former crime
conduct their public duty -currently on trial
(must disrespect the place, if it is -previously convicted on final
simultaneous or in the spur of the judgement of another crime
moment it cannot) -the current crime and past crime
6. Nighttime, uninhabited place, by a must be within the same title
band -offender is also convicted of the
new crime
Elements of nighttime:
-offender deliberately sought the cover of There must be 2 convictions.
darkness (Aggravating circumstance will be
-to ensure commission of the crime or considered on the second crime. It is
escape or avoid impunity or ensure identity a generic aggravating circumstance
will not be revealed and can be offset) (if not offset, the
penalty will be increased)
If it is illuminated, e.g. light from the moon
or lamp posts or passing vehicles or nearby Recidivism requires no period in
houses, not anymore using the darkness, between. (only needs certification of
Nighttime cannot be invoked and not an the conviction to prove recidivism)
aggravating circumstance (crimes are embraced in the same
title of the RPC) (important
Elements of uninhabited place: conviction of first crime)
-place where the crime was committed
there was little or remote possibility to seek When one is pardoned, the
help conviction is not deleted. Only the
-deliberately took advantage of the place to penalty.
ensure commission of crime 10. Reiteracion or habitual delinquency
or quasi recidivism
Elements of by a band:
-more than 3 or 4, Reiteracion (habituality) (generic
-armed male factors who acted together in aggravating circumstance) (important is that
the commission of the crime sentence is served)
Elements
-offender is on trial for one crime
CRIMLAW I
Notes
-at time of trial, he has previously served (there must be a deliberate
sentence planning)
-Convicted of the new crime Elements:
-crimes are not embraced in the same title -time when offender determined to commit
If applying for probation, you are not the crime
serving your sentence, hence no reiteracion -overt act indicating that he clung to his
(only upto 6 years probation) determination
-sufficient lapse of time between deciding
Habitual delinquency (not aggravating) and committing the crime
(extraordinary aggravating circumstance):
within a period of 10 yrs from date or For evident premeditation it is necessary
release, serious or less serious physical that the prosecution must prove all 3
injury, less serious physical injury, robbery, elements (prosecution must establish when
theft, estafa, falsification, a third time. the accused decided to commit the crime,
(effect, aside from penalty by law, additional must prove that offender committed an act
penalty is imposed for being a habitual that would prove that he clung to his
delinquency, provided if penalties are sum decision, must establish how long was the
up it must not exceed 30 years) lapse of time between deciding and actual
execution)
Quasi recidivism (special aggravating 14. Craft, fraud, disguise (it can be
circumstance) after having been convicted, collectively or independently of each
convicted by final judgement, commit a other)
felony while serving sentence or before Craft: cunning and intellectual trickery so
serving sentence. (whats important is the that the victim will perform an act that will
second crime) (effect: maximum penalty carry out action
shall be the one imposed, regardless of the Fraud: Deceit and evidence by insidious
mitigating circumstance) words and machinations
Disguise: means, ways or methods to
11. Crime committed in consideration of conceal real identity
a price/reward/ promise (applies to 15. Abuse of superior strength
the one who gave the price, (advantage is taken of superior
principal by inducement; one who strength or means is employed to
accepted the price, principal by weaken the defense)
direct participation) Elements:
12. Crime committed by means of -notorious inequality of forces (offenders
inundation, fire, poison, explosion, are greater in number, offender is armed
derailment of locomotive, or use of and victim not, offender is greater in
any other artifice (is used to kill, it is personal circumstances)
a qualifying aggravating -offender took advantage of the superiority
circumstance) of strength
13. Act committed with evident 16. The act is committed with treachery
premeditation (stubborn adherence “alevosia”
to a decision to commit the crime) Treachery: commits any of the crime against
the person employing means that then
CRIMLAW I
Notes
specially to ensure its execution without risk pain, embarrassment, humiliation to
of himself arising from the defense of which the victim.
the offended part might make 18. Unlawful entry: offender enters the
premises through an opening that is
Elements: not intended for entrance or redress.
-conscious and deliberate adaption of The crime is committed after the
means, ways, and method of the crime unlawful entry.
-the victim was totally defenseless
Robbery by use of force upon things
When meeting is casual and unexpected, makes unlawful entry inherent.
and no preparation, there is no treachery.
In case of robbery with homicide,
Abuse of superior strength is absorbed by unlawful entry is an aggravating
treachery. circumstance

Evident premeditation will become a If did not enter, theft. If breaking and
generic aggravating circumstance to highest theft, robbery with force upon
penalty. things, unlaw entry become
inherent.
Only one qualifying circumstance will suffice 19. Crime by use of motor vehicles,
for homicide to become murder airships and other similar means
20. Wrong done in the commission of a
If victim is sleeping while killed, it is crime was deliberately augmented
treachery. by causing other wrong necessary
for its commission (cruelty)
If the witness did not see that the victim (performs another act that adds
was defenseless, then it does not constitute physical pain)
to treachery. Treachery should be present at Elements:
the inception of the act. (People vs. -time afflicted additional pain, victim is no
Enriquez and People vs. Saulog) longer alive
-offender enjoys and delights in seeing his
There can never be a treachery if the attack victim agonize
happened at the spur of the moment
according to SC. The effect of treachery
from homicide turn to murder. Art XV.

Special Complex Crime should be explicitly Alternative circumstances: If present, can be


named. Specifically and explicitly named by appreciated either by aggravating or
the law. mitigating. (circumstance facilitated the
17. Ignominy : the moral circumstance commission of the crime) If prosecution,
which adds disgrace to the natural aggravating. If Defense, mitigating
effect of the crime. Aside the act
that commits the crime, offender Kinds:
performs another act that will bring
CRIMLAW I
Notes
1. Relationship-offender related to 5. Instigation (no criminal intent, only
offended party (spouse, ascendant, done because he was induced) 
descendant, brother or sister,
relative by affinity within the same
degree) Art XVI
Aggravating in crimes against person
when crime is injuries or offender is a Who are Liable in Grave or less grave
lower degree than offended party or penalties
offended is of a higher degree. 1. Principal
Sometimes it his inherent in a crime, 2. Accomplice
e.g. parricide. 3. Accessory

Mitigating if crime is against property (theft, Who are liable in light penalties
estafa, malicious mischief (relationship is 1. Principal
exempting circumstance) 2. Accomplice
2. Intoxication (can be mitigating or
aggravating) Principal by direct participation-taken part
Mitigating if, defense shown that: in the execution of act (must be present at
-not habitual drinker the scene of the crime)
-intoxication is not subsequent to a plan to
commit a felony Principal by Inducement- not required to be
-did not affect his mental facilities present. Even if absent, he can still be
principal (inducement must be made
Aggravating if prosecution shows: directly with the deliberate intent or
-intoxication is habitual procuring the commission of the crime,
-deliberately taken liquor subsequent to the Inducement is the primary reason why the
plan to commit crime is committed)
3. Degree of Education (mitigating
circumstance) Principal by indispensable cooperation (co-
If the crime is inherently wrong, you cannot conspirator)- should be present at the
say that an uneducated man will be scene. His participation is indispensable in
considered as a mitigating circumstance order to commit the crime.

Absolutory Causes: circumstances that will Accomplice-not included in art 17 but


have same effect like an exempting cooperate in the execution of offense either
circumstance. (no criminal but there is civil by previous or simultaneous acts.
liability)
-relationship in theft, etafa, malicious Elements of Accomplice:
mischief -community of design (concurs with the
-mistake of fact criminal design of the principal)
-desistance in attempted stage -perform previous or simultaneous acts
-there is a connection between act of
4. Death under exceptional principal and act of accomplice
circumstances
CRIMLAW I
Notes
Art XIX

Accessory: who have knowledge of the


commission of the crime, without
participation therein, take part subsequent
any of the ff:
-profiting themselves or assisting offender
to profit
-concealing or destroying the body of the
crime
-harboring or assisting escape, or concealing
the principal of the crime

Relationship as an exempting circumstance


in cases of profiting the offender cannot be
used as defense.

Lookout will become a principal if he is an


author of the plan or co-conspirator.

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