ARTICLE 17

PRINCIPALS
 WHO ARE PRINCIPALS?
There are three
kinds of principals 1. PRINCIPALS BY DIRECT PARTICIPATION or Those
depending on the who take a direct part in the execution of the act.
nature of their
PARTICIPATION in 2. PRINCIPALS BY INDUCEMENT or Those who directly
the commission of
the crime.
force or induce others to commit the crime.
HOWEVER, 3. PRINCIPALS BY INDISPENSABLE COOPERATION or
irrespective of what
type of principal Those who cooperate in the commission of the
they belong, THEIR offense by another act whithout which it would not
PENALTY will be
THE SAME. have been accomplished.
 PRINCIPAL BY DIRECT
PARTICIPATION
This refers to those who actually and directly take
part in the execution of the act.

They may be only one person or more.

Whenever there are two or more involved in a

crime, it becomes necessary to find out those who
actually executed the act.
TWO OR MORE PERSONS
WHO TOOK PART IN THE
COMMISISION OF THE
CRIME ARE PRINCIPALS
PRINCIPAL BY DIRECT
BY DIRECT
PARTICIPATION.
PARTICIPATION

1. That they participated in the

REQUISITES criminal resolution; and

2. That they carried out their plan and

personally took part in its execution by acts
which directly tended to the same end.
 To hold two or more
persons as PDP, it must
be shown that there exists PRINCIPAL BY DIRECT
a CONSPIRACY
between and among them.
PARTICIPATION
Definition: ARTICLE 8 (RPC)

NOTE : That this is not conspiracy punished as a crime but the conspiracy as a
mode or manner of incurring criminal liability, whereby it may said that the act of
one is the act of all.

REQUISITES 1. UNITY OF INTENTION

2. UNITY OF ACTION
 To hold two or more
persons as PDP, it must
be shown that there exists PRINCIPAL BY DIRECT
a CONSPIRACY
between and among them.
PARTICIPATION

1. UNITY OF INTENTION 2. UNITY OF ACTION

They participated, agreed or
concurred in the criminal
resolution.
• ANTERIOR CONSPIRACY
• INSTANT CONSPIRACY
• All participated in the execution or carrying
out of the common intent by acts intended
to bring bout the common objective.
• That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end
• Requires that the PDP must be at
the crime scene.
 PRINCIPAL BY DIRECT
PARTICIPATION
NOTE:
• Spontaneous agreement or active participation by all perpetrators at the moment of the commission of the
crime is sufficient to create a joint criminal responsibility.

• Mere knowledge, acquiescence, or approval of the act without cooperation or agreement to cooperate is
not enough to constitute one a party to a conspiracy, but that THERE MUST BE INTENTIONAL
PARTICIPATION in the TRANSACTION with the view of to the furtherance of the common design or purpose.

• Participation in the criminal resolution is essential.

• It is not necessary to show that the parties actually came together and agreed in express terms to enter
into and pursue a common design.

• Simultaneous acts by several persons do not automatically give rise to conspiracy, so he who commits the
same or similar acts on the victim but a stranger to the conspiracy is separately liable. (EXCEPTION:
PRINCIPLE OF CONSPIRACY BY ADOPTION)
 PRINCIPAL BY DIRECT
PARTICIPATION
PROOF OF CONSPIRACY:
• DOCTRINE OF IMPLIED CONSPIRACY
 Spontaneous agreement at the moment of the commission of the crime
 Active cooperation by all the offenders in the perpetration of the crime
 Contribution by positive acts to the realization of a common criminal intent
 Presence during the commission of the crime by a band and lending moral
support thereto.

While conspiracy may be implied from the circumstances attending the

commission of the crime, it is nevertheless a rule that conspiracy must be
established by positive and conclusive evidence.
 PRINCIPAL BY DIRECT
PARTICIPATION

EFFECT OF CONSPIRACY
There will be a joint or common or collective
criminal liability, otherwise each will be
liable only to extent of the act done by him.
 PRINCIPAL BY DIRECT
PARTICIPATION
FOR WHAT CRIME WILL BE THE CO-CONSPIRATORS BE LIABLE?
1. For the crime actually committed IF it was the
AGREED upon.
2. For ANY OTHER CRIME even if not agreed upon,
PROVIDED it was the direct, natural, logical
consequence of, or related to, or was necessary to the
effect of the crime agreed upon. .
 PRINCIPAL BY DIRECT
PARTICIPATION
WHEN IS A CO-CONSPIRATOR FREED FROM LIABLITY?
A. Only if he has performed act either to:
1. Detach or disassociate himself from the plan; or
2. Prevent the commission of another related crime to be committed.

B. Likewise, if he was not able to proceed to the crime scene and/or execute
an act to help realize the common objective, then he cannot be held liable as a
co-conspirator. BUT NOT when law agents took him into custody to prevent him
from doing his part of the criminal resolution.