Awas bitten by a dog owned by a neighbor. The following day, angered by the incident, Atook the dog without the knowledge of the owner, had it butchered and cooked the meat. Hethen invited his friends to partake of the dish with his friends who knew fully well that the dog was taken without the knowledge of the owner. What are the friends of Aliable for? (1%)
(A) Theft
(B) Malicious mischief
(C) Accessories
(D) Obstruction of Justice
Suggested answer only. Not an official answer and not legal advice.
(C) The friends of A are liable as accessories. Under Article 19, paragraph 1 of the Revised Penal Code, accessories are those who, having knowledge of the commission of the crime and without having participated therein as principals or
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Quick check
What is the criminal liability of persons who knowingly eat stolen dog meat prepared by the thief?
Persons who knowingly consume stolen property profit from the effects of the crime and are liable as accessories.
Which element is essential to hold a person liable as an accessory under Article 19(1) RPC?
Article 19(1) RPC requires knowledge of the crime and taking part by profiting from its effects.
How does an accessory differ from an accomplice under the Revised Penal Code?
Accessories participate after the crime is committed, while accomplices assist prior to or during execution.
Under Article 19(1) RPC, does profiting from the effects of a crime require pecuniary or monetary gain?
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By how many degrees is the penalty for an accessory lower than that of the principal offender under the RPC?
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Learn more about these topics
1. Criminal Liability Accessories
Under Article 19, paragraph 1 of the Revised Penal Code, accessories are defined as individuals who, having knowledge of the commission of a crime and without participating as principals or accomplices, take part subsequent to its commission by profiting themselves or assisting the offender to profit by the effects of the crime. Knowledge of the unlawful taking is an essential element to hold a person criminally liable as an accessory.
2. Profiting From Crime
Under Philippine criminal law, profiting from the effects of a felony does not require receiving monetary compensation or pecuniary gain. Knowingly partaking of stolen personal property, such as consuming stolen livestock or butchered meat, constitutes profiting from the effects of the crime under Article 19(1) of the RPC. The act of consuming the stolen property directly assists in utilizing the proceeds or effects of the primary felony.
3. Subsequent Participation Limits
Under Article 19 of the Revised Penal Code, an accessory's liability is distinct from that of a co-principal or an accomplice. An accessory does not take part in the planning, execution, or immediate assistance of the principal offense. Because their participation occurs entirely after the felony has been consummated, accessories are punished by a penalty lower by two degrees than that prescribed for the principal offenders.