Criminal liability is graduated according to a person's degree of participation. Principals are those who directly take part in committing the act, who directly force or induce others to commit it, or who cooperate by an indispensable act. Accomplices are those who, not being principals, cooperate in the execution of the offense by previous or simultaneous acts that are not indispensable. Accessories are those who, having knowledge of the crime and without having participated in it, take part afterward — by profiting from it, concealing the crime or its effects, or harboring or assisting the principal to escape. Penalties are graduated too: accomplices generally receive a penalty one degree lower than principals, and accessories two degrees lower.
When several people are involved in a crime, the law does not treat them all identically. It distinguishes three degrees of participation, each with its own liability.
Principals
Principals are the most liable. There are three kinds:
- Principals by direct participation — those who personally take part in executing the act;
- Principals by induction — those who directly force or induce others to commit it (for example, by paying or ordering); and
- Principals by indispensable cooperation — those who cooperate by an act without which the crime could not have been accomplished.
Accomplices
Accomplices are those who are not principals but who cooperate in the execution of the offense by previous or simultaneous acts that are not indispensable. The line between an accomplice and a principal by indispensable cooperation is whether the crime could still have happened without their help — if yes, they are (at most) an accomplice.
Accessories
Accessories act after the crime. Having knowledge of the crime and without having participated in it as principal or accomplice, they take part afterward by:
- Profiting themselves or assisting the offender to profit from the effects of the crime;
- Concealing or destroying the body of the crime or its effects to prevent discovery; or
- Harboring, concealing, or assisting the escape of the principal, under the conditions the law sets.
Graduated Penalties
Liability tracks participation:
- Principals — the penalty prescribed for the crime;
- Accomplices — generally one degree lower; and
- Accessories — generally two degrees lower.
A Special Note on Relatives
The law exempts certain accessories who are close relatives of the principal (spouse, ascendants, descendants, siblings, and relatives by affinity within the same degrees) from liability for harboring or assisting the escape — recognizing the natural instinct to protect family — except where the accessory profited from the crime.
Practical Takeaways
- Liability is graduated: principal, accomplice, accessory;
- The indispensability of a person's cooperation separates a principal from an accomplice;
- Accessories act after the fact, and penalties step down one degree (accomplice) and two degrees (accessory) — with a relative exemption for harboring.
Frequently Asked Questions
What is the difference between a principal and an accomplice? Principals directly take part, induce others, or cooperate by an indispensable act. Accomplices cooperate by previous or simultaneous acts that are not indispensable. The key is whether the crime could have happened without their help.
Who is an accessory? Someone who, knowing of the crime and without having participated in it, takes part afterward by profiting from it, concealing the crime or its effects, or harboring or assisting the principal to escape.
How do the penalties differ? Principals get the penalty prescribed for the crime. Accomplices generally get a penalty one degree lower, and accessories two degrees lower.
Are relatives who help an offender escape liable? The law exempts certain close relatives (spouse, ascendants, descendants, siblings, and relatives by affinity within the same degrees) from liability for harboring or assisting an escape, except where they profited from the crime.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.