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PUNISHABLE---------------------------------General Rule: Light felonies are punishable only when they have been
consummated
*The light felonies punished by the RPC
Slight physical injuries
Theft
Alteration of boundary marks
Malicious mischief
Intriguing against honor
----penalty is 1-30days P200 arresto menor
*EXAMPLE OF LIGHT FELONIES AGAINST PERSON
ART. 266-slight physical injuries and maltreatment
*EXAMPLE OF LIGHT FELONIES AGAINST PROPERTY
ART. 309 NO.7 theft by hunting or fishing or gathering fruits, cereals and farm
products
ART. 309 NO.8 Theft does not exceed P5.00
ART. 313 alteration of boundary marks
ART. 328 & 329 Malicious Mischief not more than P200
----------------------------ARTICLE 8 CONSPIRACY AND PROSOSAL TO COMMIT
FELONY---------------------------General Rule: Conspiracy & proposal to commit felony are not punishable
*The RPC specially provides a penalty for mere conspiracy in Arts. 115,
136 and 141
Art 115- Conspiracy to commit treason/pagtataksil
Art 136- Conspiracy to commit coup detat, rebellion &
insurrection/rebulsyon
Art 141-Conspiracy to commit sedition/panunulsol laban sa pamahalaan
*Requisites of conspiracy
2 or more persons came to an agreement
The agreement concerned the commission of a felony
The execution of the felony be decided upon
o 1st element agreement presupposes meeting of the minds of 2 or more
persons
o 2nd agreement must refer to the commission of a crime
o 3rd there must be a determination to commit the crime
*Requisites of proposal
A person has decided to commit a felony
He proposes its execution to other person
*There is no criminal proposal when
Person who prosore is not determined to commit the felony
There is no decided, concrete & formal proposal
It is not the execution of a felony that is proposed
*External Security
Treason/pagtataksil
*Internal Security
Coup detat
Rebellion
Sedition
The penalty for the consummated crime cannot be imposed when the stage
of the acts of execution is either attempted or frustrated.
Art 10 RPC is not applicable to punish an accomplice/kasabwat under the
special law