DEFINITIONS and ELEMENTS
⁃ The words of command must be uttered
INTOXICATION: When the offender has taken
such amount of liquor of sufficient quantity as
to affect his mental capacity to determine the
consequences of his act.
INSTIGATION: instigator practically induces
the would-be defendant into the commission of
the offense, and himself becomes a co-
principal. In this sense, the mens rea/evil intent
originated from the mind of the public officer
who only lured the offender to commit the
crime.
ENTRAPMENT: refers to ways and means
resorted to by the public officer in order to trap
and capture a criminal in flagrante delicto.
Here, the mens rea originated from the mind of
the offender.
KINDS OF PRINCIPALS:
1. PRINCIPAL BY DIRECT
PARTICIPATION
ELEMENTS
⁃ That they participated in the criminal
resolution
⁃ That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
2. PRINCIPAL BY INDUCTION OR
INDUCEMENT
ELEMENTS
⁃ The inducement be made directly with
the intention of procuring the commission of
the crime
⁃ That such inducement be the
determining cause of the commission of the
crime by the material executor
ELEMENTS OF WORDS OF COMMAND
⁃ That the one uttering the words of
command must have the intention of procuring
the commission of the crime
⁃ That the one who made the command
must have an ascendancy or influence over the
person who acted
⁃ That the words used must be so direct,
so efficacious, so powerful as to amount to
physical or moral coercion
prior to the commission of the crime
⁃ The material executor of the crime has
no personal reason to commit the crime
3. PRINCIPAL BY INDISPENSABLE
COOPERATION
ELEMENTS OF COOPERATION
⁃ Participation in the criminal resolution,
that is, there is either anterior conspiracy or
unity of criminal purpose and intention
immediately before the commission of the
crime charged
⁃ Cooperation in the commission of the
offense by performing another act, without
which it would not have been accomplished
ELEMENTS OF ACCOMPLICE
1. There must be community of design;
that is, after the principals have formed the
criminal design, the accomplice had been
informed of the criminal design of the offender
and having been informed, he concurs with the
said criminal design.
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
3. That there be a relation between the
acts done by the principal and those attributed
to the person charged as accomplice
TWO CLASSES OF ACCESSORIES AND
THEIR ELEMENTS:
1. PUBLIC OFFICERS
⁃ The accessory is a public officer
⁃ He harbors, conceals, or assists in the
escape of the principal
⁃ The public officer acts with abuse of his
public functions
⁃ The crime committed by the principal is
any crime, provided that it is not a light felony.
2. PRIVATE PERSONS
⁃ That the accessory is a private person
⁃ That he harbors, conceals, or assists in
the escape of the author of the crime
⁃ That the crime committed by the
principal is either treason, parricide, murder, an
attempt against the life of the president, or that
the principal is known to be habitually guilty of
some other crime
ELEMENTS OF FENCING (P.D. 1612)
1. That the crime of robbery or theft has
been committed;
2. That the said person was found in
possession of the said article or items which
are the proceeds of the crime;
3. That there was on the part of such
person, the intent to gain either for himself or
for another;
4. That the said person knows or should
have known that the article is the product of
robbery or theft
There are two kinds of complex crime:
1. COMPOUND CRIME: when a single act
constitutes two or more grave or less grave
felonies.
2. COMPLEX CRIME PROPER: when an
offense is a necessary means for committing
the other.
ELEMENTS OF COMPLEX CRIME PROPER
1. At least two offenses are committed
2. One or some of the offenses must be
necessary to commit the other
3. Both or all the offenses are punished by
the same statute

A fence includes any person, firm, association,
corporation or partnership or other organization
who/which commits the act of fencing.
Fencing is the act of any person who, with
intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal,
sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item,
object or anything of value which he knows, or
should be known to him, to have been derived
from the proceeds of the crime of robbery or
theft.
CONTINUOUS CRIME: when the offender is
impelled by a single criminal impulse commits
a series of overt acts in about the same time
and about the same place violating one and
the same provision of law.
ELEMENTS
1. Plurality of acts performed during a
period of time
2. Unity of penal provisions violated
3. Unity of criminal purpose or aim

ELEMENTS OF CORPUS DELICTI

1. Proof of occurrence of a certain event
2. Proof of a person’s criminal liability

PRINCIPAL PENALTIES: are penalties

prescribed by law or prescribed by the court.
ACCESSORY PENALTIES: are those which
are necessarily included in the imposition of
principal penalties
PREVENTIVE IMPRISONMENT: is the
detention of accused while the case against
him is ongoing trial either because the crime he
committed is a non-bailable offense and
evidence of guilt is strong; or the crime
committed is a bailable offense but he does not
have the funds.

In a COMPLEX CRIME, two or more crimes

are actually committed, however, in the eyes of
the law and in the conscience of the offender
they constitute only one crime, thus, only one
penalty is imposed.