Article 9

Question 1

How does Article 9 of the RPC classify felonies?

Answer 1

It classifies them according to their gravity

Question 2

How are the gravity of the felonies determined?

Answer 2

The gravity of felonies is determined by the penalties attached to them by law

Question 3

According to Article 9 of the RPC, what are grave felonies?

Answer 3

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 4

According to Article 9 of the RPC, what are less grave felonies?

Answer 4

Those which the law punishes with penalties which in their maximum period are correctional, in accordance with Article 25

Question 5

According to Article 9 of the RPC, what are light felonies?

Answer 5

Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding P40,000.00, or both, is provided

Question 6

What is capital punishment?

Answer 6

Death penalty

Question 7

General rule in determining the gravity of a penalty

Answer 7

The higher or highest of the penalties as provided

Question 8

For a felony punishable by prision correccional to prision mayor, what kind of felony is it?

Answer 8

It is a grave felony, because the higher of the two penalties prescribed, which is prision mayor, is an afflictive penalty

Question 9

The afflictive penalties in accordance with Art. 25 of RPC (5)

Answer 9

1. Reclusion perpetua
2. Reclusion temporal
3. Perpetual or temporary absolute disqualification
4. Perpetual or temporary special disqualification
5. Prision Mayor

Question 10

The correctional penalties according to Art. 25 of the RPC (4)

Answer 10

1. Prision correccional
2. Arresto mayor
3. Suspension
4. Destierro

Question 11

The light penalties according to Art. 25 of the RPC (2)

Answer 11

1. Arresto menor
2. Public censure

Question 12

Under Article 26 of the RPC, when is a felony considered a light felony?

Answer 12

When the Code provides a fine of less than P40,000.00

Question 13

Under Article 26 of the RPC, when is a felony considered a correctional / less grave penalty?

Answer 13

When the Code provides a fine of not less than P40,000.00, and not exceeding P1,200,00.00

Question 14

Under Article 26 of the RPC, when is a felony considered a grave felony?

Answer 14

When the fine provided by the Code is more than P1,200,000.00. This is because Article 26 provides that a fine exceeding said amount is an afflictive penalty

Question 15

With regards felonies whose fine is exactly P40,000, which Article should prevail? Art. 9(Light felony) or Art. 26(Correctional/Less grave felony) of the RPC?

Answer 15

Article 9 of the RPC should prevail therefore, penalties whose fines is equal to P40,000.00 is considered to be a light felony