Accessory to a Crime: Meaning
Quick answer
An accessory is a person who did not take part in a crime but, knowing it was committed, helps afterwards. Article 19 of the Revised Penal Code lists three ways: profiting from the crime, hiding or destroying the evidence, and harboring or helping the offender escape in certain serious cases. Close relatives are exempt from the penalties for accessories under Article 20, unless they profit from the crime.
Also called: Accessory to a crime, Accessory after the fact
What does Article 19 say?
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 assisting in the escape of the principal. It applies only when the helper acts with abuse of 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. See the full explanation of Article 19.
What do all accessories have in common?
- Knowledge. The person knows the crime was committed.
- No part in the crime. The person was not a principal or an accomplice.
- An act after the crime. The help comes "subsequent to its commission", in one of the ways the article lists.
What penalty does an accessory get?
The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.
Article 16 makes accessories liable only for grave and less grave felonies. An accessory to a light felony is not criminally liable.
Are relatives exempt?
Article 20 says the penalties for accessories are not imposed on those who help their spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same degrees. The single exception is a relative who profits, or helps the offender profit, from the effects of the crime (item 1 of Article 19). 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. Its Section 1(c) 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?
Example
Made-up illustration: Celia knows that her neighbor stole some phones. She buys two of them from him at a low price to resell. She did not take part in the theft, but she profits from the effects of the crime, which is item 1 of Article 19. Ramon, the neighbor's brother, lets him stay in his house after the theft. Theft is not one of the crimes listed in item 3, the neighbor is not known to be habitually guilty of another crime, and Ramon holds no public office, so Article 19 does not make him an accessory for that. Whether another law applies to him depends on the facts and is for the prosecutor and the court.
See also the comparison principal vs accomplice vs accessory.
Which provisions use this term?
Frequently asked questions
What is an accessory to a crime?
Under Article 19, an accessory is a person who knows a crime was committed, did not take part in it as a principal or accomplice, and takes part after it by profiting from it, by hiding or destroying the body of the crime or its effects or instruments, or by harboring or helping the principal escape in the cases the article lists.
What is the penalty for an accessory?
For a consummated felony, Article 53 imposes the penalty lower by two degrees than the one prescribed by law for the felony. Under Article 16, accessories to a light felony are not criminally liable.
Are relatives who help an offender accessories?
Article 20 says the penalties for accessories are not imposed on a person who helps his spouse, ascendants, descendants, legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees. The exception is a relative who profits or helps the offender profit from the effects of the crime.
Is anyone who hides an offender an accessory?
Not under Article 19. Harboring or helping the principal escape is covered only if the helper abuses his public functions, or if 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.
Is there another law on harboring offenders?
Yes. Presidential Decree No. 1829 punishes harboring or concealing a person one knows or suspects has committed an offense, in order to prevent his arrest, prosecution and conviction. Its text has no exemption for relatives.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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