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---------------------------------ARTICLE 7 WHEN LIGHT FELONIES ARE

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

------------------------------------ARTICLE 9 GRAVE FELONIES, LESS GRAVE &


LIGHT FELONIES---------------------GRAVE FELONIES- are those to w/c the law attaches the capital punishment
penalties
Capital punishment is death penalty
LESS GRAVE FELONIES- are those w/c the law punishes with penalties w/c in their
maximum period are correctional
LIGHT FELONIES-are those infractions of law for the commission of penalty of arresto
menor
Prison correccional- 6yrs
Prison Mayor- 8yrs
Reclusion perpetua- 30yrs become eligible in pardon & 40yrs maximum
Reclusion temporal- 12yrs to 20yrs
Arresto Menor-shall be serve in the municipal jail or in the house
Desierto- shall not permitted to enter the place or places. Not more than 25025kilometers
*The following are correctional penalties
Prison correccional
Arresto Mayor
Suspension
Destierro
------------------------ARTICLE 10 OFFENSES NOT SUBJECT TO THE PROVISIONS
OF THIS CODE---------------*2 clauses of Art 10
1st Penal code is not intended to supersede special penal laws.
2nd soul of the article
SPECIAL LAWS- enacted by legislative branch w/c is not amendment to RPC
Trafficking of dangerous drugs
Money laundering
Illegal possession of firearms
MUNICIPAL COUNSIL-local government of municipality. Also called city counsil or
town counsil.
penalty for the consummated crime cannot be imposed when stage of the
acts of execution is either attempted or frustrated.

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

Voluntary plea of guilty is not considered to mitigate the liabloty of one


accused of illegal possession of firearms.
Article 12 & 3 RPC applied to minor age 9-15yrs old violated special law. The
offender must act with intelligence. In said case of Navarro the accused acted
w/o intelligence.

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