Of Principals, Accomplices and Accessories

Of Principals, accomplices and accessories

When a crime is committed by a single person, the burden of the prosecution is simple: it has to present evidence establishing the elements of the crime and the identity of the accused who committed the same. On the other hand, prosecution of a crime is difficult when it is committed by two or more actors. In such a case, the evidence must show not only the elements of the crime but the participation of all the accused in the commission thereof as well. The evidence must show whether they have acted as principals or accomplices.

Of course, accessories are criminally liable also. However, they do not have any participation in the commission of the crime. Their liability is limited to the acts that they have performed after the principal/s had committed it. 

 First Week, September

Under the Revised Penal Code, a principal is criminally liable for taking direct part in the commission of the crime, or inducing another to commit it, or giving indispensable cooperation to the same. On the other hand, a person is considered as accomplice to the crime if he or she gives material or moral support to the principal accused before or during its commission without any participation in the criminal conspiracy between or among said principals. Principals and accomplices in a crime, as well as those who have acted after its commission as accessories, should be prosecuted if justice is to be done. Full accountability demands that liability should be exacted from all those who have violated the law.

With these basic principles in mind, all persons who have a hand in the pork barrel scam must be exposed and prosecuted. In truth, Janet Lim-Napoles could not have amassed those funds without the indispensable cooperation of officials from the Department of Budget and Management and the direct participation of some Senators and Congressmen. Also, she would not have the callousness to display a lavished lifestyle if she was not assured of protection from high-ranking government officials. Documents pertaining to the pork barrel scam will disclose their common intention of stealing the public funds. Accordingly, they should all be prosecuted for Plunder and the Malversation of Public Funds pursuant to existing laws. In addition, people who have benefited from these acts of despoliation of the public treasury and those who have facilitated or attempted to assist them to evade prosecution should be hailed to court as accessories. This is what justice requires.  

The clamor for accountability and demand for blood must be satisfied if the public is to be pacified. Half-way efforts towards these ends can only be considered as attempts to thwart justice and ridicule the public will.

Of course, all these efforts will go to waste until the source of this evil is totally abolished. Discretionary funds are always prone to abuse and corruption. Their existence gives rise to legions of abuses as no mortal has the power to resist the luxuries and power that they offer to anyone who has access to them. Hence, they should all be abolished. There is no other way but this.