Article 7 When Light Felonies Are Punishable

November 4, 2017 | Author: Basri Jay | Category: Capital Punishment, Treason, Felony, Prison, Conspiracy (Criminal)
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Article 7 When Light Felonies Are Punishable...


---------------------------------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 d’etat, 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

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Coup d’etat 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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