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This document outlines the objectives and instructions for a criminal law module on principles of criminal liability such as principals, accomplices, and accessories. It discusses articles 16-20 and 46, 50-58 of the penal code as well as the concepts of conspiracy, punishable conspiracies, and penalties for consummated, frustrated and attempted felonies. The instructions direct students to summarize key concepts, understand how conspiracy relates to degrees of participation, and determine appropriate penalties for specific crimes according to the stage of the crime and role of the perpetrator. Relevant case law is provided for additional reference.
This document outlines the objectives and instructions for a criminal law module on principles of criminal liability such as principals, accomplices, and accessories. It discusses articles 16-20 and 46, 50-58 of the penal code as well as the concepts of conspiracy, punishable conspiracies, and penalties for consummated, frustrated and attempted felonies. The instructions direct students to summarize key concepts, understand how conspiracy relates to degrees of participation, and determine appropriate penalties for specific crimes according to the stage of the crime and role of the perpetrator. Relevant case law is provided for additional reference.
This document outlines the objectives and instructions for a criminal law module on principles of criminal liability such as principals, accomplices, and accessories. It discusses articles 16-20 and 46, 50-58 of the penal code as well as the concepts of conspiracy, punishable conspiracies, and penalties for consummated, frustrated and attempted felonies. The instructions direct students to summarize key concepts, understand how conspiracy relates to degrees of participation, and determine appropriate penalties for specific crimes according to the stage of the crime and role of the perpetrator. Relevant case law is provided for additional reference.
ARTICLES 16 – 20 (Persons Criminally Liable), CONSPIRACY under ARTICLE 8, CONSPIRACY as a Means of Incurring Criminal Liability, and PUNISHABLE CONSPIRACIES
OBSTRUCTION OF JUSTICE, ANTI FENCING LAW IN THE CONTEXT OF ACCESSORIES & ACCOMPLICES
APPLICATION TO FELONIES Penalized with a Single Indivisible and Single Divisible Penalty
Objectives:
I. Understand the Concept of and determine penalties for Principals, Accessories, Accomplices in relation to Consummated, Frustrated and Attempted stages of a felony
II. Have an overview of penalties and accessory penalties
III. Apply the understanding of I in the context of felonies penalized with a Single Indivisible and Single Divisible Penalty
INSTRUCTIONS:
I. BE READY TO MAKE A SUMMARY OF ARTICLES 16 – 20, 46, 50 – 58 AND UNDERSTAND THE CONCEPTS OF PRINCIPAL, ACCESSORY AND ACCOMPLICE VIS-À-VIS THE CONCEPT OF CONSPIRACY;
PRINCIPALS 1/3
People v. Baharan, G.R. No. 188314, Jan 10, 2011, 639 SCRA 157 People v. Guevarra G.R. No. 65017, Nov 13, 1989, 179 SCRA 325 People v. Parcon G.R. Nos. L-39121 & L-39122, December 19, 1981, 110 SCRA 425
ACCOMPLICE
People v. Nulla, G.R. No. 69346 Aug 31, 1987, 153 SCRA 471,
Garces v. People G.R. No. 173858, July 17, 2007, 527 SCRA 827 (why was the lookout in this case treated as an accessory but in People v. Parcon, above, the lookout was treated as a principal?)
People v. De Vera, G.R. No. 128966, Aug 18, 1999, 312 SCRA 641 (take note of the other cases cited in this case)
ACCESSORY
(previously assigned case) People v. Ortega, G.R. No. 116736, July 24, 1997, 276 SCRA 166
People v. Tolentino, G.R. No. 139179, April 3, 2002, 380 SCRA 171,
Vino v. People, G.R. No. 84163, October 19, 1989 – Read also the dissenting opinion of Grino-Aquino
People v. Montesclaros, G.R. No. 181084, June 16, 2009, 589 SCRA 320
*Read the Law on Obstruction of Justice (Presidential Decree No. 1829) and be ready to explain how said law affects Accessories
II. UNDERSTAND THE CONCEPT OF CONSPIRACY VIS-À-VIS THE CONCEPT OF PRINCIPAL, ACCESSORY AND ACCOMPLICE
People v. Sanchez, G.R. No. 131116, August 27, 1999, 313 SCRA 254 People v. Mendoza, G.R. No. 123186, July 9, 1998* People v. Disney, G.R. No. L-41336, February 18, 1983* People v. Anticamara, G.R. No. 178771, June 8, 2011* 2/3
People v. Evangelio, G.R. No. 181902, August 31, 2011
*For the cases of Mendoza, Evangelio, Disney, and Anticamara be very careful in observing how the person who did not join in the rape was or was not penalized as a principal when the principle of Conspiracy was applied by the Court.
III. UNDERSTAND THE CONCEPT OF PUNISHABLE CONSPIRACIES - ART. 115, 116, 136, 141, SEC. 7 OF PRES. DEC. 1613
IV. ARTICLES 7, 9, 25-27, 30-34, 40-45, DETERMINE THE PENALTIES AND ACCESSORY PENALTIES FOR PRINCIPALS, ACCOMPLICES, ACCESSORIES FOR CONSUMMATED, FRUSTRATED, ATTEMPTED FELONIES SPECIFICALLY:
a. Article 249, b. Article 336, c. Art 263, par 1, d. Art 265, 266, par 1 & 2, e. Art. 155
V. SEE ARTICLE 346 WHERE DISQUALIFICATION WAS IMPOSED AS A PRINCIPAL PENALTY