Principal vs Accomplice vs Accessory
Quick answer
The Revised Penal Code sorts the people involved in a crime into three groups. A principal commits the crime or is the reason it happens. An accomplice helps before or during the crime, but his help is not indispensable. An accessory does not take part in the crime at all and helps only afterwards, knowing it was committed. The penalty goes down with each group.
| Aspect | Principal | Accomplice | Accessory | Legal basis |
|---|---|---|---|---|
| Who the person is | One who takes a direct part in the act, who directly forces or induces others to commit it, or who cooperates by another act without which the crime would not have been accomplished (Art. 17). | One who, not being a principal under Article 17, cooperates in the execution of the offense by previous or simultaneous acts (Art. 18). | One who knows the crime was committed, did not take part in it as principal or accomplice, and takes part after it in one of the ways Article 19 lists. | Article 17, Revised Penal Code, Article 19, Revised Penal Code |
| When the person acts | Before or during the crime. | Before or during the crime ("previous or simultaneous acts"). | Only after the crime ("subsequent to its commission"). | Article 19, Revised Penal Code |
| How much the help matters | A principal by indispensable cooperation does an act without which the crime would not have been accomplished. | The help is real but not indispensable: otherwise the person would be a principal. | No part in the crime itself. The help comes afterwards: profiting from the crime, hiding or destroying its evidence, or harboring or helping the principal escape in the cases listed. | Article 17, Revised Penal Code, Article 19, Revised Penal Code |
| Penalty for a consummated felony | The penalty prescribed by law for the felony (Art. 46). | The penalty next lower in degree (Art. 52). | The penalty lower by two degrees (Art. 53). | |
| Light felonies | Liable (Art. 16). | Liable (Art. 16). | Not liable: Article 16 lists only principals and accomplices for light felonies. | |
| Close relatives of the offender | Article 20 does not cover principals. | Article 20 does not cover accomplices. | Exempt from the penalties for accessories when helping a spouse, ascendant, descendant, brother or sister, or relative by affinity in the same degrees, unless the help is profiting from the crime (Art. 20). | Article 19, Revised Penal Code |
Who can be liable for a crime?
Article 16 names the three groups:
The following are criminally liable for grave and less grave felonies:
- Principals.
- Accomplices.
- Accessories.
The following are criminally liable for light felonies:
- Principals.
- Accomplices.
So an accessory to a light felony is not criminally liable.
Who is a principal?
Article 17 names three kinds of principals:
The following are considered principals:
- Those who take a direct part in the execution of the act;
- Those who directly force or induce others to commit it;
- Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
A person can be a principal without doing the act himself, if he directly forces or induces another to do it, or if his help was so necessary that the crime would have failed without it. See principal of a crime.
Who is an accomplice?
Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts.
The test has two parts. The person is not a principal under Article 17, and the help comes before or during the crime. The difference from a principal by indispensable cooperation is how necessary the help was: if the crime could have been done without it, the person may be an accomplice. See accomplice.
Who is an accessory?
Article 19 covers people who come in after the crime:
Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:
- By profiting themselves or assisting the offenders to profit by the effects of the crime.
- By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
The third way is harboring, concealing or helping the principal escape. It applies only when the helper abuses his public functions, or when the principal is guilty of treason, parricide, murder, an attempt on the life of the Chief Executive, or is known to be habitually guilty of some other crime. So hiding a person who committed, for example, a simple theft does not make the helper an accessory under Article 19, unless the helper abused his public functions or the offender is known to be habitually guilty of some other crime. See accessory.
How are the penalties different?
| Participant | Penalty for a consummated felony | Article |
|---|---|---|
| Principal | The penalty prescribed by law for the felony | 46 |
| Accomplice | The penalty next lower in degree | 52 |
| Accessory | The penalty lower by two degrees | 53 |
"Degree" refers to the Code's ladder of penalties, such as reclusion temporal, prision mayor and prision correccional. For how long each penalty lasts, see the duration of penalties table.
Are relatives of the offender exempt?
Only accessories, and only in part:
The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
"Paragraph 1 of the next preceding article" is profiting from the crime. A relative who hides evidence for his brother may be exempt; a relative who shares in the stolen money is not. In Carungcong v. People (2010), the Supreme Court noted in passing that Article 20 is an "absolutory cause of relationship in favor of accessories".
Presidential Decree No. 1829 is a separate law. It punishes harboring or concealing a person one knows or has reasonable ground to suspect has committed an offense, in order to prevent his arrest, prosecution and conviction. Its text has no exemption for relatives. In De Leon v. Luis (2021), the Supreme Court agreed that the intent to frustrate or delay the arrest, prosecution and conviction of another is an element of that offense. See is hiding a relative who committed a crime also a crime?
Where does conspiracy fit?
Article 8 says a conspiracy exists "when two or more persons come to an agreement concerning the commission of a felony and decide to commit it". Articles 17 to 19 do not mention conspiracy. Whether several people acted under an agreement, and what role each one had, is decided by the court on the evidence. See conspiracy.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Dante breaks into a store at night and takes the cash box. He took a direct part in the act, so he is a principal.
Rina, a store employee, gave Dante the only key to the back door, which could not have been opened otherwise. Her act may make her a principal by indispensable cooperation.
Glen stood outside to watch the street while Dante was inside. The break-in could have been done without a lookout, so his role may fit Article 18 as an accomplice. If the court finds that Dante and Glen agreed to commit the crime together, it may treat Glen differently.
Celia did not know about the plan. The next day, knowing where the money came from, she accepts part of it to keep. She profited from the effects of the crime, which is item 1 of Article 19, so she may be an accessory. Even if she were Dante's sister, Article 20 would not exempt her, because she profited.
See also the topic page on criminal liability basics.
When do you need a lawyer?
Talk to a lawyer if you are accused of taking part in a crime in any of these roles, or if a relative has asked you for help after a crime. Whether a person is a principal, an accomplice or an accessory, and whether another law such as PD 1829 applies, depends on facts the court finds proven, and it can change the penalty by several degrees. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is the difference between a principal, an accomplice and an accessory?
A principal commits the crime, directly forces or induces another to commit it, or does an act without which it would have failed (Article 17). An accomplice helps before or during the crime, but not in an indispensable way (Article 18). An accessory does not take part in the crime and helps only afterwards, knowing it was committed (Article 19).
What is the penalty for an accomplice and for an accessory?
For a consummated felony, the principal gets the penalty the law sets for the crime (Article 46). The accomplice gets the penalty next lower in degree (Article 52), and the accessory the penalty lower by two degrees (Article 53).
Is a lookout a principal or an accomplice?
It depends on the facts. A person whose help was indispensable is a principal under Article 17. Help before or during the crime that was not indispensable fits Article 18. If the court finds that the people involved agreed to commit the crime together, it may treat the case differently. The court decides on the evidence.
Is a person who buys stolen goods an accessory?
Under Article 19, a person who knows of the crime and profits from its effects, without having taken part in it, is an accessory. Whether the buyer knew is a question of evidence. Other laws may also apply to buying stolen property.
Are relatives who help an offender punished?
Article 20 says the penalties for accessories are not imposed on close relatives listed there, such as a spouse, parents, children, brothers and sisters, and in-laws in the same degrees. The exception is a relative who profits, or helps the offender profit, from the crime. A separate law, Presidential Decree No. 1829, punishes harboring offenders and has no such exemption in its text.
Can an accessory be liable for a minor offense?
Not for a light felony. Article 16 makes only principals and accomplices liable for light felonies. Accessories are liable only for grave and less grave felonies.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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