Article 9-10

Question 1

What are grave felonies?

Answer 1

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive in accordance with Article 25 of this Code.

Question 2

What are less grave felonies?

Answer 2

Those which the law punishes with penalties which in their maximum period are correctional, in accordance with the abovementioned article

Question 3

What are light felonies

Answer 3

Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding P40,000 both, is provided (amended by RA 10951 which took effect on September 15, 2017

Question 4

Afflictive fines

Answer 4

Exceeds P6,000

Question 5

Correccional fines

Answer 5

Not exceed P6,000 but not less than P200

Question 6

Light fines

Answer 6

Less than or exactly P200.00

Question 7

Three rules in the application of Article 9

Answer 7

1. If two or more distinct penalties are imposed, the higher of the penalties is afflictive. Thus, prision correccional to prision mayor – grave penalty
2. If two periods correspond to two different periods, the higher is afflictive. Thus, prision correccional maximum to prision mayor minimum– grave felony
3. If the penalty consists of two periods of an afflictive felony, thus, medium and maximum period of prision mayor or prision mayor maximum to reclusion temporal, minimum– grave felony

Question 8

T/F. Offenses which are in the future may be punishable under special laws are not subject to the provisions of this Code.

Answer 8

True. See Article 10

The RPC is not intended to supersede special laws. Special prevails over the general.

Question 9

T/F. This Code shall be supplementary to such laws, unless the latter should specially provide for the contrary.

Answer 9

True. See Article 10

The Code shall be supplementary to special laws, unless the latter should specially provide the contrary.

Question 10

Five examples of provisions of the RPC on penalties can NOT be applied to offenses punishable under Special Laws

Answer 10

1. Article 6 on Attempted and Frustrated Stages.
2. Article 18 and 19 on Accomplices and Accessories.
3. Article 50 to 57 stating that the penalty for the Principal in an attempted felony is two degrees lower and that in the Frustrated Degree it is one degree lower.
4. Article 13 and 14 on Mitigating and Aggravating Circumstances.
5. Article 64 on the Rules on application of penalties with three periods.