Questions and Answers
Conspiracy is considered a separate offense from the crime that is committed.
False
Implied conspiracy can be proven by direct evidence.
False
Grave felonies carry penalties that may include capital punishment or afflictive penalties.
True
In a chain conspiracy, there is random communication and cooperation among participants.
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Light felonies are defined as infractions of law that carry penalties exceeding Forty thousand pesos.
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Light felonies are punishable only when they are committed against property.
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Conspiracy to commit a felony is punishable only when the law specifically provides a penalty for it.
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Light felonies consist of infractions punishable by fines not exceeding 200 pesos.
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An attempted light felony is always punishable under the same rules as consummated light felonies.
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A proposal to commit a felony is considered a punishable act in all circumstances.
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Study Notes
Light Felonies
- Light felonies are punishable only when consummated, except for those committed against persons or property.
- General rule: Light felonies can only be penalized post-commission.
- Exceptions include light felonies against persons and property, allowing for attempted or frustrated stages to be punishable.
- Defined infractions for light felonies incur penalties of arresto menor or fines up to 200 pesos (Art. 9).
Conspiracy and Proposal to Commit Felony
- Conspiracy and proposal to commit a felony are punishable only in specified legal cases.
- Conspiracy is defined as an agreement between two or more individuals to commit a felony.
- Proposal occurs when an individual suggests executing a felony to others.
- General rule: preparatory acts are not punishable, with specific exceptions noted by law.
Punishable Conspiracy Examples
- Laws provide penalties for conspiracy in cases of treason, rebellion, coup d'état, sedition, espionage, arson, voter bribing, and terrorism.
- Conspiracy acts lead to shared liability among participants; it is not classified as a separate offense.
- Types of conspiracy: express (direct evidence) and implied (circumstantial evidence demonstrating unity of intent).
Structures of Multiple Conspiracy
- Wheel/Circle Conspiracy: Single group deals with two or more individuals individually.
- Chain Conspiracy: Involves the distribution of contrabands in a sequential manner akin to business operations.
- Syndicated crime groups collaborate for profit in criminal activities (R.A. 7659).
Classifications of Felonies
- Grave Felonies: Carry capital punishment or afflictive penalties as per Article 25.
- Examples of afflictive penalties: reclusion perpetua, reclusion temporal, various disqualifications, and prision mayor.
- Less Grave Felonies: Punished with correctional penalties that fall within a specific maximum period.
- Examples of correctional penalties: prision correccional, arresto mayor, suspension, and destierro.
- Light Felonies: Infraction incurs penalties of arresto menor or fines not exceeding 40,000 pesos.
Additional Felony Classifications
- Felonies classified under Article 3:
- By act or by omission.
- According to execution manner:
- Intentional felonies and culpable felonies.
- Further classification based on execution stages is also recognized.
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Description
This quiz covers the essential concepts and rules regarding light felonies and conspiracy to commit a felony. It includes definitions, general rules, and specific exceptions applicable under criminal law. Test your understanding of these legal provisions and their implications.
