Light Felonies & Conspiracy Under RPC PDF

Article 7, RPC When light offenses are punishable  Art. 7, RPC Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.  What are light felonies? Light felonies are th...

Article 7, RPC When light offenses are punishable  Art. 7, RPC Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.  What are light felonies? Light felonies are those infractions of law for the commission which the penalty of arresto menor or a fine not exceeding 200 pesos*, or both, is provided. (Art. 9, par. 3) * P40,000. See R.A. 10951 The light felonies punished by the RPC: 1. Slight physical injuries. (Art. 266) 2. Theft. (Art. 309, pars. 7 and 8) 3. Alteration of boundary marks. (Art. 313) 4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3) 5. Intriguing against honor. (Art. 364) The penalty for the above-mentioned crimes is arresto menor (imprisonment from 1 day to 30 days), or a fine not exceeding P40,000. General Rule: Light felonies are punishable only when they have been consummated. Exception: Light felonies committed against persons or property, are punishable even if attempted or frustrated.  Article 8, RPC Conspiracy and proposal to commit felony Art. 8, RPC - Conspiracy and proposal to commit felony Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. General Rule: Conspiracy and proposal to commit felony are not punishable. Exception: They are punishable only in the cases in which the law specially provides a penalty therefor. Requisites of Conspiracy: 1. That two or more persons came to an agreement; 2. That the agreement concerned the commission of a felony; and 3. That the execution of the felony be decided upon. Mere conspiracy punishable under RPC Conspiracy xxx to commit treason (Art. 115) Conspiracy xxx to commit coup d’etat, rebellion, or insurrection (Art. 136) Conspiracy to commit sedition (Art. 141) Treason, coup d’etat, rebellion, or sedition should not be actually committed It is sufficient that two or more persons agree and decide to commit treason, rebellion, or sedition. If they commit, say, treason, they will be held liable for treason, and the conspiracy which they had before committing treason is only a manner of incurring criminal liability. It is not a separate offense.  Conspiracy as a felony v. as a manner of committing a felony When the conspiracy relates to a crime actually committed, it is not a felony but only a manner of incurring criminal liability, that is, when there is conspiracy, the act of one is the act of all. Even if the conspiracy relates to any of the crimes of treason, rebellion, and sedition, but any of them is actually committed , the conspiracy is not a separate offense, it is only a manner of incurring criminal liability. Illustrations: A and B agreed and decided to rise publicly and take arms against the government with the help of their followers. Even if they did not carry out their plan to overthrow the government, A and B are liable for conspiracy to commit rebellion under Article 136 of the Revised Penal Code. But if A and B and their followers did rise publicly and take arms against the government to overthrow it, thereby committing rebellion, their conspiracy is not a felony. They are liable for rebellion and their conspiracy is only a manner of incurring criminal liability. Yes or No A and B conspired to kill C. They planned to execute their evil plan the following day. However, B did not show up which also made A not to continue with their plan. Are they criminally liable for the conspiracy? Ans.: Yes or No A and B conspired to kill C. They planned to execute their evil plan the following day. However, B did not show up which also made A not to continue with their plan. Are they criminally liable for the conspiracy? Ans.: No. Requisites of Proposal 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. There is no criminal proposal when -- 1. The person who proposes is not determined to commit the felony. Example: A desires that the present government be overthrown. But A is afraid to do it himself with others. A then suggests the overthrowing of the fovernment to some desperate people who will do it at the slightest provocation. In this case, A is not liable for proposal to commit rebellion, because A has not decided to commit it. There is no criminal proposal when -- 2. There is no decided, concrete, and formal proposal. Example: In the previous example, note that there was merely a suggestion - not a decided, concrete, and formal proposal. There is no criminal proposal when -- 3. It is not the execution of a felony that is proposed. Example: A conceived the idea of overthrowing the present government. A called several of his trusted followers and instructed them to go around the country and secretly to organize groups and to convinve them of the necessity of having a new government. Note that what A proposed in this case is not the execution of the crime of rebellion, but the performance of preparatory acts for the commission of rebellion. Therefore, there is no criminal proposal. It is not necessary that the person to whom the proposal is made agrees to commit the treason or rebellion Note that what constitutes the felony of proposal to commit treason or rebellion is the making of proposal. The law does not require that the proposal be accepted by the person to whom the proposal is made. If it is accepted, it may be conspiracy to commit treason or rebellion, because there would be an agreement and a decision to commit it. Reason why conspiracy and proposal to commit a crime is punishable in crimes against external and internal security of the State In ordinary crimes, the State survives the victim, and the culprit cannot find in the success of his work any impunity. Whereas, in crimes against the external and internal security of the State, if the culprit succeeds in his criminal enterprise, he would obtain the power and therefore impunity for the crime committed.  Article 9, RPC Classification of felonies as to Gravity Classification of felonies as to gravity: 1. Grave felonies 2. Less grave felonies 3. Light 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. (Art. 9, par. 1) Art. 25, RPC Capital punishment: Death* Afflictive penalties: Reclusion perpetua Reclusion temporal Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor *Now prohibited under R.A. 9346 Less grave felonies - are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above- mentioned article. (Art. 9, par. 2) Art. 25, RPC Correctional penalties: Prision correccional Arresto mayor Suspension Destierro Light felonies - are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos*, or both, is provided. (Art. 9, par. 3) *Now 40,000 pesos, as amended by R.A. 10951. Art. 25, RPC Light penalties: Arresto menor Public censure Felonies as to Gravity Penalties which may be imposed (Art. 9) (Art. 25) Capital Punishment ► Death Afflictive Grave felonies ► Reclusion perpetua ► Reclusion temporal ► Perpetual or temporary absolute disqualification ► Perpetual or temporary special disqualification ► Prision mayor Correctional penalties Less grave felonies ► Prision correccional ► Arresto mayor ► Suspension ► Destierro Light penalties Light Felonies ► Arresto menor ► Public censure Thank you!