Criminal Liability; Accessories (Criminal Liability)

2013 Bar Exam Question and Suggested Answer on Criminal Liability, Accessories (Criminal Law)

QUESTION:

No. III. Modesto and Abelardo are brothers. Sometime in August, 1998 while Abelardo was in his office, Modesto, together with two other men in police uniform, came with two heavy bags. Modesto asked Abelardo to keep the two bags in his vault until he comes back to get them. When Abelardo later examined the two bags, he saw bundles of money that, in his rough count, could not be less than P5 Million. He kept the money inside the vault and soon he heard the news that a gang that included Modesto had been engaged in bank robberies. Abelardo, unsure of what to do under the circumstances, kept quiet about the two bags in his vault. Soon after, the police captured, and secured a confession from, Modesto who admitted that their loot had been deposited with Abelardo.

What is Abelardo's liability? (7%)

SUGGESTED ANSWER:

Abelardo is not criminally liable.

To be criminally liable as an accessory under Article 19 of the Code, such person must have knowledge of the commission of the crime. The term “knowledge “ under the law is not synonymous with suspicion. Mere suspicion that the crime has been committed is not sufficient.

Moreover, the facts as given in the problem would show lack or absent of intent to conceal the effects of the crime as Abelardo is described as being “unsure of what to do under the circumstances.”

Even if he can be considered as an accessory under paragraph 2 of Article 19, RPC, Abelardo is not liable, being the brother of Modesto under Article 20, RPC.


Source:
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)