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ART. 17- PRINCIPALS BY INDISPENSABLE COOPERATION ( PIC)

 

PRINCIPALS BY INDISPENSABLE COOPERATION ( PIC)

I. Refers to those who cooperate in the commission of the offense by another act without which it would not have been accomplished. There must be a community of design or common purpose between the PIC and the PDP, but not a conspiracy. The PIC knows or is aware of the intention or purpose of the PDP and he cooperates or concurs in its realization by performing an act without which the offense would not have been accomplished.

II. The cooperation may be:

A. By moral cooperation such as (i) providing technical advise, expertise on how to execute the crime such as on how to avoid security arrangements (ii) revealing the combination numbers of a bank vault, or the location of warning devices (iii) revealing the whereabouts of a victim:

B. By Physical external acts such as:

1. Providing the weapon or tools, or the key to open the building

2. Providing the mode of transportation to enable the accused to reach the place of the scene of the crime

3. Dragging he victim to the place of execution

4. Leaving open the doors, giving the key to open the building

5. Holding on to a victim to preventing him victim from resisting or drawing a weapon

6. Holding back a person from going to the assistance of a victim

C. Through Negligent Acts such as

1. The bank employee who failed to ascertain the identity of the presenter of a check and who initials it

2. The guarantor who failed to ascertain the identity of the holder of a check presented for encashment

3. A security guard whose laxity enabled a killer to enter the compound and kill an occupant therein

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