5/19/2021
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employees or other officers or persons responsible for the offense, without
prejudice to the civil liabilities of such corporation and/or board of directors,
officers, or other officials or employees responsible for the offense. The
rationale is that such officers or employees are vested with the authority and
responsibility to devise means necessary to ensure compliance with the law
and, if they fail to do so, are held criminally accountable; thus, they have a
responsible share in the violations of the law.
If the crime is committed by a corporation or other juridical entity, the
directors, officers, employees or other officers thereof responsible for the
offense shall be charged and penalized for the crime, precisely because of
the nature of the crime and the penalty therefor. A corporation cannot be
arrested and imprisoned; hence, cannot be penalized for a crime punishable
by imprisonment. However, a corporation may be charged and prosecuted
for a crime if the imposable penalty is fine. Even if the statute prescribes
both fine and imprisonment as penalty, a corporation may be prosecuted
and, if found guilty, may be fined.
A crime is the doing of that which the penal code forbids to be done, or
omitting to do what it commands. A necessary part of the definition of every
crime is the designation of the author of the crime upon whom the penalty is
to be inflicted. When a criminal statute designates an act of a corporation or
a crime and prescribes punishment therefor, it creates a criminal offense
which, otherwise, would not exist and such can be committed only by the
corporation. But when a penal statute does not expressly apply to
corporations, it does not create an offense for which a corporation may be
punished. On the other hand, if the State, by statute, defines a crime that
may be committed by a corporation but prescribes the penalty therefor to be
suffered by the officers, directors, or employees of such corporation or other
persons responsible for the offense, only such individuals will suffer such
penalty. Corporate officers or employees, through whose act, default or
omission the corporation commits a crime, are themselves individually guilty
of the crime.
The principle applies whether or not the crime requires the consciousness of
wrongdoing. It applies to those corporate agents who themselves commit
the crime and to those, who, by virtue of their managerial positions or other
similar relation to the corporation, could be deemed responsible for its
commission, if by virtue of their relationship to the corporation, they had the
power to prevent the act. Moreover, all parties active in promoting a crime,
whether agents or not, are principals. Whether such officers or employees
are benefited by their delictual acts is not a touchstone of their criminal
liability. Benefit is not an operative fact.[53] (citations omitted)
As R.A. No. 11199 is fair and reasonable with respect to its penal provisions, there is no
violation of substantial due process.
The law does not violate the
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66432
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