Facts: One Rufino Gargar, Jr. was abducted and detained. He was thereafter shot and killed while blindfolded, by a group of persons; most of whom were members of the police force, alleged to be under the direction, and undue influence of one P/Col. Nicolas Torres, and acting upon the inducement of accused Yanson-Dumancas.
Issue: Whether accused Yanson-Dumancas could be held liable of the crime as a principal by inducement.
Held: There are two ways of directly forcing another to commit a crime, namely: (a) by using irresistible force or (b) by causing uncontrollable fear. There is nothing to conclude that the accused used either of the methods on the accused-appellants. Likewise, there are two ways of inducing another to commit a crime, specifically: (a) by giving a prize, or offering a reward or promise, and (b) by using words of command. There was no evidence to show that the accused committed any of the foregoing acts prior to the commission of the crime. In order that a person may be convicted as principal by inducement, the following must be present: (1) the inducement be made with the intention of procuring the commission of the crime, and (2) such inducement be the determining cause of the commission by the material executor. There must exist, on the part of the inducer, the most positive resolution and the most persistent effort to secure the commission of the crime, together with the presentation to the person induced of the strongest kind of temptation to commit the crime.
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