Questions and Answers
All light felonies are punishable regardless of their stage of execution.
False
An attempt to commit a light felony such as Alarms and Scandals can lead to punishment.
False
The presence of attending circumstances does not need to be considered for special penal laws.
False
If the offender is an accomplice in a light felony, they are always liable for punishment.
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A penalty less than arresto menor can result in public censure.
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The degree of participation is a factor that influences the imposition of a penalty for light felonies.
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The De Minimis principle applies to light felonies only when they are consummated.
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Light felonies can be punishable at all stages when committed against property.
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Mitigating circumstances can increase the penalty for light felonies.
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Only principals are considered in the liability for light felonies.
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Study Notes
Light Felonies and Their Punishments
- Light felonies are only punishable when they are consummated, except for those against persons or property.
- The degree of participation, stages of execution, and attending circumstances are crucial in determining penalties for felonies under the Revised Penal Code (RPC).
Exceptions for Punishment
- Generally, light felonies like attempts to conceal one's true name (Art. 178(2), RPC) and attempts to commit Alarms and Scandals (Art. 15, RPC) are not punishable.
- Light felonies are punishable at all stages when committed against persons or property (Art. 7, RPC).
Principle of De Minimis
- The De Minimis principle suggests that penalties may be unnecessary for insignificant moral and material injuries. If not consummated, wrongs may be too slight for punishment.
Special Circumstances
- For offenders who are accomplices and have at least two mitigating circumstances, the appropriate penalty may be reduced two degrees lower.
- There is no penalty lower than arresto menor, and below this level, the penalty is public censure.
Liability in Light Felonies
- Only principals and accomplices are held liable for light felonies. Accessories are not accountable under the RPC (Art. 19, RPC).
Examples of Light Felonies
- Slight physical injuries (Art. 266, RPC).
- Theft under specific paragraphs (Art. 309, pars. 7 and 8, RPC).
- Alteration of boundary marks (Art. 313, RPC).
- Malicious mischief (Art. 328(3) and Art. 329(3), RPC).
- Intriguing against honor (Art. 364, RPC).
- Alarms and scandals (Art. 155, RPC).
Specific Legal Note
- Assisting in the escape of someone who committed Alarms and Scandals may not result in liability under the RPC but could be prosecuted under P.D. 1829 for obstructing the apprehension or prosecution of offenders.
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Description
This quiz explores the concept of light felonies and the conditions under which they are punishable according to legal statutes. It also examines the factors that influence the imposition of penalties, specifically focusing on the degree of participation and other relevant circumstances. Test your knowledge on these legal principles.