Exempting Circumstances; Accessories; Ascendants (Criminal Law)

2010 Bar Exam Question and Suggested Answer on Exempting Circumstances, Accessories, and Ascendants (Criminal Law)

QUESTION:

No. XXII. Immediately after murdering Bob,  Jake went to his mother to seek refuge. His mother told him to hide in the maid’s quarters until she finds a better place for him to hide. After two days, Jake transferred to his aunt’s house. A week later, Jake was apprehended by the police.

Can Jake’s mother and aunt be made criminally liable as accessories to the crime of murder? Explain. (3 %)

SUGGESTED ANSWER:

Obviously, Jake's mother was aware of her son's having committed a felony, such that her act of harboring and concealing him renders her liable as an accessory. But being an ascendant to Jake, she is exempt from criminal liability by express provision of Article 20 of the Revised Penal Code.

On the other hand, the criminal liability of Jake's aunt depends on her knowledge
of his commission of the felony, her act of harboring and concealing Jake would render her criminally liable as accessory to the crime of murder; otherwise without knowledge of Jake's commission of the felony, she would not be liable.



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)