Article 9 Flashcards
How does Article 9 of the RPC classify felonies?
It classifies them according to their gravity
How are the gravity of the felonies determined?
The gravity of felonies is determined by the penalties attached to them by law
According to Article 9 of the RPC, what are grave felonies?
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
According to Article 9 of the RPC, what are less grave felonies?
Those which the law punishes with penalties which in their maximum period are correctional, in accordance with Article 25
According to Article 9 of the RPC, what are light felonies?
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
What is capital punishment?
Death penalty
General rule in determining the gravity of a penalty
The higher or highest of the penalties as provided
For a felony punishable by prision correccional to prision mayor, what kind of felony is it?
It is a grave felony, because the higher of the two penalties prescribed, which is prision mayor, is an afflictive penalty
The afflictive penalties in accordance with Art. 25 of RPC (5)
- Reclusion perpetua
- Reclusion temporal
- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Prision Mayor
The correctional penalties according to Art. 25 of the RPC (4)
- Prision correccional
- Arresto mayor
- Suspension
- Destierro
The light penalties according to Art. 25 of the RPC (2)
- Arresto menor
- Public censure
Under Article 26 of the RPC, when is a felony considered a light felony?
When the Code provides a fine of less than P40,000.00
Under Article 26 of the RPC, when is a felony considered a correctional / less grave penalty?
When the Code provides a fine of not less than P40,000.00, and not exceeding P1,200,00.00
Under Article 26 of the RPC, when is a felony considered a grave felony?
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
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?
Article 9 of the RPC should prevail therefore, penalties whose fines is equal to P40,000.00 is considered to be a light felony
