Академический Документы
Профессиональный Документы
Культура Документы
General Rule:
Light Felonies are punishable only when it is
consummated.
Exception:
Light Felonies committed against persons or
property, are punishable even if it is attempted
or frustrated.
Light Felonies
-infractions of the law for the commission of which
the penalty of arresto menor or a fine not exceeding 200
pesos, or both, is provided
Light Felonies Punishable by RPC:
1) Slight Physical Injuries against person
2) Theft against property
3) Alteration of boundary marks - against property
4) Malicious Mischief - against property
5) Intriguing against honor
ARTICLE 8
Conspiracy and Proposal to Commit Felony
Conspiracy and Proposal to commit a felony are
punishable only in the cases in which the law
specially provides a penalty thereof.
A Conspiracy exists when two or more persons come
to an agreement concerning the commission of a
felony and decide to commit it.
There is proposal when the person who has decided to
commit a felony proposes its execution to some other
person or persons.
General Rule:
Conspiracy and Proposal to commit a Felony
are not punishable.
Exception:
They are punishable only when the law
specially provides a penalty thereof
Requisites of Conspiracy
1) Two or more people came to an agreement
2) That the agreement concerned the commission
of the crime
3) The parties decided to execute the crime
Requisites of Proposal
1) That a person has decided to commit a felony
2) That he proposes its execution to some other
person or persons
ARTICLE 9
Grave Felonies, Less Grave Felonies and Light
Felonies
Grave Felonies are those which attaches Capital
Punishment or penalties which in any of their periods
are afflictive, in accordance with Article 25 of this
Code.
Less Grave Felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
article.
Light Felonies are those infractions of the law for the
commission of which the penalty of arresto menor or a
fine not exceeding 200 pesos, or both, is provided.
ARTICLE 10
Offenses not subject to the provisions of this code
Capital Punishment
Death Penalty
Afflictive Penalties
1) Reclusion Perpetua
2) Reclusion Temporal
3) Perpetual
or
temporary
absolute
disqualification
4) Perpetual or temporary special disqualification
5) Prision Mayor
Correctional Penalties
1) Prision correccional
2) Arresto Mayor
3) Suspension
4) Destierro
Special Law
A penal Law which punishes acts not defined
and penalized by the Penal Code
Statue enacted by the Legislative Branch, penal
in character, which is not an amendment to the
RPC.
Penalties
Provisions of RPC on penalties cannot be
applied to offenses punishable under special
laws
Imprisonment is used and not prision
correccional or prision mayor (bc penalties for
crimes punished under RPC yun)
If special law adopts penalties by RPC, the
rules for graduating penalties by degrees or
determining the proper period should apply.