Professional Documents
Culture Documents
3.
2.
4.
Aggravating
if
habitual
or
intentional. Habitual drunkard is one
given to intoxication by excessive use
of intoxicating drinks. Habit should be
actual & confirmed. Not necessarily a
daily occurrence but it must lessen the
individuals resistance to evil thought &
undermine will power making its victim
a potential evildoer.
5.
is
be
OF
INSTRUCTION,
AS
A person has
planned or is about
to commit a crime
and ways and
means are resorted
to by a public officer
to trap and catch
the criminal.
Not a bar to the
prosecution and
conviction of the
lawbreaker.
INSTIGATION
The instigator
practically induces the
would-be accused into
the commission of the
offense and himself
becomes a coprincipal.
The law enforcer
conceives the
commission of the
crime and suggests to
the accused who
adopts the idea and
carries it into
execution.
A public officer or a
private detective
induces an innocent
person to commit a
crime and would arrest
him upon or after the
commission of the
crime by the latter.
The accused must be
acquitted.
Pajares
accepted
the
money
knowing that it was given to him by
reason of his office.
ENTRAPMENT.
Instigation
&
entrapment distinguished:
o Instigation: officers of the law/their
agents incite, induce, instigate or
lure an accused into committing an
offense w/c he otherwise wouldnt
commit & has no intention of
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Court
approves
Mendozas
recommendation to acquit Pajares for lack
of evidence of the 2nd charge of having
committed acts unbecoming of a member
of the judiciary.
City
Prosecutor of Manila filed a Motion for
Reconsideration praying that the Decision
be "modified in that the penalty of death be
imposed" against respondents Lagarto and
Cordero, in place of the original penalty
(reclusion perpetua). Feb. 10, 1995 the
motion was denied by the court.
That
such
inducement
be
the
determining cause of the commission of
the crime by the material executor.
- The words of advice of the influence
must have actually moved the hands of
the principal by direct participation.
PRINCIPAL BY
PROPOSAL TO
INDUCEMENT
COMMIT THE FELONY
There is an inducement to commit a crime.
The principal by
The mere proposal to
inducement
commit
a
felony
is
becomes liable
punishable in treason
only when the
and rebellion. The person
crime is
to whom the proposal is
committed by the made should not commit
principal by direct the crime; otherwise, the
participation.
proponent becomes a
principal by inducement.
The
inducement The proposal to be
involves
any punishable must involve
crime
only treason or rebellion.
EFFECTS OF ACQUITTAL OF PRINCIPAL
BY DIRECT PARTICIPATION UPON THE
LIABILITY
OF
PRINCIPAL
BY
INDUCEMENT
1) Conspiracy is negated by the acquittal
of co-defendant.
2) One cannot be held guilty of having
instigated the commission of a crime
without first being shown that the
crime has been actually committed by
another.
PEOPLE v. DE LA CRUZ [97 SCRA 385
(1980)]
Agapito de la Cruz was found guilty as
principal by inducement of the crime of
Kidnapping and Serious Illegal Detention,
and sentencing him to death.
The facts are such that Agapito met up w/
Mohamad Sagap Salip, Alih Itum and a
certain Asmad and proposed to them the
Page | 12
v.
v.
of
by
of
In
quasi-collective
criminal
responsibility, some of the offenders in the
crime are principals and the others are
accomplices.
The participation of an accomplice
presupposes the commission of the crime b
the principal by direct participation.
When there is no conspiracy
between or among the defendants but they
were animated by one and the same purpose
to accomplish the criminal objective, those
who cooperated by previous or simultaneous
act but cannot be held liable as principals are
accomplices.
An accomplice does not have a
previous agreement or understanding or is
not in conspiracy with the principal by direct
participation.
CONSPIRATOR
ACCOMPLICE
They know and agree with the criminal
design.
Conspirators know Accomplices come to
the criminal
know about it after the
intention because principals have reached
they themselves
the decision and only
have decided
then do they agree to
upon such course
cooperate in its
of action.
execution.
Conspirators
Accomplices merely
decide that a
assent to the plan and
crime should be
cooperate in it
committed.
accomplishment
Conspirators are
Accomplices are merely
the authors of a
instruments who perform
crime
acts not essential to the
perpetration of the
offense.
REQUISITES:
That there be community of design;
that is, knowing the criminal design of
the principal by direct participation, he
concurs with the latter in his purpose;
2.
That
he
cooperates
in
the
execution of the offense by previous or
simultaneous acts, with the intention of
supplying material or moral aid in the
execution of the crime in an efficacious
way; and
3.
That there be a relation between
the acts done by the principal and those
1.
ACCOMPLICE
Cooperation
is
not
indispensable in the
commission of the act.
2. BY CONCEALING OR DESTROYING
THE BODY OF THE CRIME TO
PREVENT ITS DISCOVERY.
BODY OF THE CRIME corpus delicti
which means that a specific offense was
in fact committed by someone
3. BY HARBORING, CONCEALING OR
ASSISTING IN THE ESCAPE OF THE
PRINCIPAL OF THE CRIME
2 CLASSES:
a. Public officers who harbor conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions
REQUISITES:
(1) The accessory is a public
officer;
(2) He harbors, conceals, or
assists in the escape of the
principal;
(3) The public officer acts with
abuse of his public functions.
(4) The crime committed by the
principal is any crime, provided it is
not a light felony.
b. Private persons who harbor, conceal or
assist in the escape of the author of the
crime guilty of treason, parricide,
murder, or an attempt against the life of
the President, or who is known to be
habitually guilty of some other crime.
REQUISITES:
(1) The accessory is a private
person.
(2) He harbors, conceals or
assists in the escape of the author
of the crime.
(3) The crime committed by the
principal is either: (a) treason, (b)
parricide, (c) murder, (d) attempt
against the life of the president, or
(e) that the principal is known to be
habitually guilty of some other
crime.
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