Criminal Law 1

FACTS: Taxi driver X assisted the escape of the direct principal after committing the criminal act.

ISSUE: When can taxi driver X be considered an accomplice and when can he be considered an accessory.

HELD: An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in three ways as follows: by profiting themselves or by assisting the offender to profit by the effects of the crime; by concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent the discovery; and by harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his 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. (Art 19, Revised Penal Code). On the other hand, an accomplice cooperates in the commission of the crime by previous or simultaneous acts. (Art 18, Revised Penal Code) The following, according to Reyes Revised distinguishes an accomplice from an accessory: Penal Code,

a) The accessory does not cooperate in the commission offense by acts either prior thereto or simultaneous to therewith; and b) The participation of the accessory in all cases always takes place after the commission of the crime.

Therefore, In the case at bar, the taxi driver X can be identified as accomplice if he assisted in the escape previously or during the commission of the offense. Should he assisted the escape after the crime was committed he would be identified as an accessory.

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