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Article 18 Accomplices

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ho are accomplices? The persons not being included in Article 17. These persons cooperate in the execution of the offense by previous or simultaneous acts. They do not have previous agreement with the principal by direct participation. There is no conspiracy.

hat is quasi-collective criminal responsibility? The liability incurred by the offenders of the crime wherein some are considered principals while others are accomplices.

Requisites: a. the person did not participate in the commission of the crime as a principal b. the person was aware of the criminal design of the principal or material executor c. the person concurred in the criminal design made by the chief actor by performing previous or simultaneous acts d. the act of the persons supplied material and moral aid in an efficacious way to the chief actor

e. there must be a relation between the acts of the chief actor and those of the cooperator

ote: When there is NO conspiracy but the offenders had the same purpose in committing the crime cannot be held as principals. They are accomplices.

When the participation of an accused is not disclosed, he is only an accomplice.

What is the liability of an accomplice? One degree lower than that provided for the principal in a consummated felony. Difference between accomplice and conspirator Accomplice Conspirator Knows and agrees with the criminal design

Knows and agrees with the criminal design Plans the course of action to be taken for the

ecomes aware of the plan after the principal has decided to commit the offense commission of the felony Decides to commit the crime

Merely concurs to commit the crime

An instrument who performs acts NOT essential to the perpetration of the offense Authors of the crime

Role is of minor character Role is of major character

When is a person considered an accomplice? 1. when there is a community of design (the person knows the criminal design of the principal and concurs with the P) 2. when the person cooperates in the execution of the offence by previous or simultaneous acts (moral and material aid) 3. there is a relation between the acts done by the principal and the acts committed by the person charged as an accomplice

How an accomplice acquires knowledge of the criminal design of the principal? 1. when the principal informs or tells the accomplice of the formers criminal purpose 2. when the accomplice saw the criminal acts of the principal

What are the bases of the responsibility of two or more individuals? Concurrence of will or unity of purpose and action.

Landmark cases:

eople vs. Cagalingan (G.R. No. 79168, p. 546) A person who assails a victim already fatally wounded by another is regarded as accomplice.

The cooperation of an accomplice is only necessary, not indispensable.

he wounds inflicted by an accomplice in crimes against persons should not have caused the death of the victim. Otherwise, such person becomes a principal by direct participation (see the requisites under Article 17.)

hen the cooperation is by simultaneous act, the accomplice takes part WHILE the crime is being committed by the principal by driect participation or IMMEDIATELY thereafter.

An accomplice may be liable for a crime different from that which the principal committed.

Unity of purpose and action must exist not only among the principals themselves but also between the principals and the accomplices.

ote: In case of doubt, it shall be resolved in favor of lesser responsibility, that is, that of mere accomplice. There must be NO conspiracy between the principals and the accomplices.