7. Participation in Acts Giving Rise to Criminal Liability

Necessity of actual participation

There must be ACTUAL participation. A person who takes part in a rebellion or gives aid or comfort to the rebels may be punished under Article 135 of the Revised Penal Code. A public officer who fails to resist a rebellion by all means in their power may be liable for disloyalty under Article 137 of the Revised Penal Code, even without actively participating in the rebellion.

Requisites for liability for the acts of the other members of the band:

• That the accused was a Member of the band;
• That he was Present at the commission of a robbery by that band;
• That the other members of the band committed an Assault; and
• That he did Not attempt to prevent the assault

Representation

• Must be positive, express, and explicit;
• Must represent officers named in article, and not just any authority figure; and
• Representation may be shown in acts, and not just words