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REQUISITES:
1. Community of design, which means that the
accomplice knows of, and concurs with, the criminal
design of the principal by direct participation; and
2. The perfomance by the accomplice of previous or
simultaneous acts that are not indispensable to the
commission of the crime.
(Abarquez vs. People, GR. No. 150762, January 20,
2004)
NOTE:
1. An accomplice has knowledge of the criminal design of the principal and
all he does is concur with the purpose.
2. There must be a relation between the acts done by the principal and
those attributed to the person charged as an accomplice.
3. Accomplice cooperates in the execution by previous or simultaneous
acts, intending to give material and moral aid (Cooperation must be
knowingly done; it must also be necessary and not indispensable.)
4. There must be relation between acts of the principal and the alleged
accomplice
5. Mere commission of an act, which aids the perpetrator, is not enough.
The mere presence of the accused at the crime scene cannot be
interpreted to mean that he committed the crime for which he is being
charged.
6. In homicide and murder, the accomplice must not have inflicted the
mortal wound.
SITUATIONAL EXAMPLE:
Enraged that Betty has married her ex-husband, Wilma
hatches a plot to kill Betty. Wilma tells Barney of her
plan, and Barney agrees to help. Wilma arms herself
with a baseball bat and hides behind some bushes in
front of Bettys house. Barney then lures Betty out of her
house. Once Betty emerges, Wilma attacks Betty and
kills her with the baseball bat. In this situation, Barney
has committed an act necessary for accomplice liability
to attach because he has assisted in the commission of
the crime.
THANK YOU!!!!
References:
-Criminal Law and Jurisprudence by Atty. Gabao
-http://www.drtomoconnor.com/3010/3010lect03.htm
-http://www.legalmatch.com/law-library/article/what-isaccomplice-liability-and-criminal-liability.html