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 only. Not an official answer and not legal advice.
No, Jake's mother is not criminally liable as an accessory, but his aunt may be held criminally liable if she had knowledge of the murder. Under Article 20 of the Revised Penal Code, accessories who harbor, conceal, or assist in the escape of a principal
Unlock the full Criminal Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Which relatives are exempt from criminal liability as accessories under Article 20 of the RPC?
Article 20 RPC explicitly limits exemption to spouses, ascendants, descendants, and siblings.
Is an aunt exempt from criminal liability if she harbors her nephew who committed murder?
An aunt is not included in the exclusive enumeration of exempted relatives under Article 20 RPC.
What essential element must be proven to hold a person liable as an accessory for harboring a felon?
Article 19 RPC requires that an accessory must have knowledge of the commission of the crime.
Why does Article 20 of the Revised Penal Code exempt close relatives from liability as accessories?
Choices available with full access.
What act makes a person an accessory under Article 19, paragraph 3 of the Revised Penal Code?
Choices available with full access.
Learn more about these topics
1. Relatives Exempt Accessories
Under Article 20 of the Revised Penal Code, accessories who harbor, conceal, or assist in the escape of a principal are exempt from criminal liability if the principal is their spouse, ascendant, descendant, or sibling. This exemption is grounded on strong family affection and natural human instincts to protect close relatives from criminal prosecution. However, the statutory list of exempted relatives is exclusive. Collateral relatives beyond siblings, such as uncles, aunts, nephews, nieces, and cousins, are not included in the exemption and remain criminally liable as accessories.
2. Knowledge Requirement Element
To hold a person criminally liable as an accessory under Article 19 of the Revised Penal Code, the prosecution must prove beyond reasonable doubt that the accused had actual knowledge of the commission of the crime. An accessory does not participate as a principal or accomplice in the execution of the offense, but acts after its commission. If an individual harbors or assists a fleeing felon without knowing that a crime has been committed, the essential element of knowledge is absent, preventing the attachment of criminal liability as an accessory.
3. Acts of Accessories
Under Article 19 of the Revised Penal Code, accessories are those who, having knowledge of the commission of the crime, take part subsequent to its commission by harboring, concealing, or assisting in the escape of the principal. The act of providing shelter, hiding places, or assistance to evade arrest directly impedes public justice. While public officers who fail to prosecute crimes are also liable under Article 19, private individuals become accessories when they actively conceal offenders or prevent their apprehension by law enforcement officers.