Article 19 of the Revised Penal Code: Accessories
Status: In force
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:
1. By profiting themselves or assisting the offenders to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or Whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
What does it mean in plain language?
Article 19 defines accessories: people who did not take part in a crime but, knowing it was committed, help afterwards. There are three ways to become one: profiting from the crime, hiding or destroying the evidence, or harboring or helping the offender escape in certain serious cases. Close relatives are exempt from the penalties for accessories under Article 20, except when they profit from the crime.
The full text:
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 quoted in the section below.
How does it work in real life?
Celia: buying stolen phones
Celia knows that her neighbor stole some phones and buys two from him at a low price to resell. She profits from the effects of the crime, which is item 1 of Article 19.
Ramon: cleaning up
Ramon learns that his friend killed someone and hides the knife his friend used so the police will not find it. Concealing or destroying the instruments of the crime to prevent its discovery is item 2.
Lourdes: a son in hiding
Lourdes lets her adult son, who she knows committed murder, hide in her house. Under Article 19, item 3, harboring a person guilty of murder is covered. Because she is his mother and did not profit from the crime, Article 20 exempts her from the penalties for accessories. Presidential Decree No. 1829 is a separate question for the prosecutor and the court.
What does this mean in practice?
- Knowledge is required. A person who did not know a crime had been committed is not an accessory under Article 19.
- Light felonies. Article 16 makes accessories liable only for grave and less grave felonies, not for light felonies.
- Penalty. For a consummated felony, Article 53 imposes the penalty lower by two degrees than the one prescribed for the felony. See Article 17 for principals and accomplices.
- See also the comparison principal vs accomplice vs accessory and the question on hiding a relative who committed a crime.
- When do you need a lawyer? Questions about helping a family member who is accused of a crime involve two different laws. See find legal help.
What are the three ways to become an accessory?
| Way | What it means | Conditions in the text |
|---|---|---|
| 1. Profiting | Profiting from, or helping the offenders profit from, "the effects of the crime" (for example, stolen goods) | None beyond knowledge of the crime |
| 2. Hiding evidence | Concealing or destroying the body of the crime, or its effects or instruments | Done "in order to prevent its discovery" |
| 3. Harboring or helping escape | Harboring, concealing or helping the principal escape | Only in the cases listed in item 3 |
Every accessory must have three things in common: knowledge that a crime was committed, no participation in it as principal or accomplice, and an act done after the crime.
When is harboring an offender covered?
Item 3 reads:
- By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or
The sentence continues: "Whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime." So under the Revised Penal Code, harboring a person is covered only in two situations:
- the person who helps is a public officer and abuses his public functions; or
- 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.
Are relatives exempt?
Article 20 gives an exemption:
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.
In plain words: a spouse, parent, grandparent, child, grandchild, brother or sister, or an in-law in the same degrees, who hides evidence or harbors the offender is not given the penalty for accessories. But a relative who profits from the crime, or helps the offender profit (item 1 of Article 19), is not exempt.
In Carungcong v. People (2010), a case about swindling among relatives under Article 332, the Supreme Court noted in passing that Article 20 is an "absolutory cause of relationship in favor of accessories".
What about Presidential Decree No. 1829?
Presidential Decree No. 1829 (1981) is a separate law against obstructing the arrest and prosecution of offenders. Section 1(c) punishes "harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest, prosecution and conviction". It applies to any offense, not only the crimes listed in Article 19, item 3. Public officials who commit it also suffer perpetual disqualification from holding public office (Section 2).
Two points matter:
- Intent is an element. In De Leon v. Luis (2021), the Supreme Court agreed that the decree makes "the intention to frustrate or delay apprehension, prosecution and conviction of another an element of the offense." A lawyer who did not arrest or report a person who came to her office was not shown to have that intent, without more.
- No exemption for relatives in its text. The decree has no provision like Article 20. Whether the Article 20 exemption can help a relative charged under the decree is a question for the court; the rulings on this page do not decide it.
Frequently asked questions
Who 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.
Is anyone who hides a criminal an accessory?
Not under Article 19. Harboring, concealing or helping the principal escape makes a person an accessory only if he 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.
Are relatives who help an offender exempt?
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.
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. Accessories to a light felony are not criminally liable under Article 16.
Is there another law on hiding 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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