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Criminal Law 1 Reyes Articles 9-10
Criminal Law 1 Reyes Articles 9-10
ARTICLE 9. Grave Felonies, Less Grave Felonies higher or highest of the penalties must be a
and Light Felonies. — Grave felonies are those correctional penalty.
to which the law attaches the capital
punishment or penalties which in any of their If the penalty prescribed is composed of two
periods are afflictive, in accordance with article or more periods corresponding to different divisible
25 of this Code. penalties, the higher or maximum period must be
that of correctional penalty.
Less grave felonies are those which the law
punishes with penalties which in their If the penalty is composed of two periods of
maximum period are correctional, in a correctional penalty or of two periods
accordance with the above-mentioned article. corresponding to different correctional penalties, like
destierro and arresto mayor, the offense for which it
Light felonies are those infractions of law for is prescribed is a less grave felony.
the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or The following are correctional penalties:
both, is provided. 1. Prision correccional,
2. Arresto mayor,
3. Suspension,
Classification of felonies according to their 4. Destierro.
gravity.
When the Code provides a fine of exactly
The gravity of the felonies is determined by P200.00 for the commission of a felony, it is a light
the penalties attached to them by law. felony.
1. Grave Felonies If the amount of the fine provided by the
2. Less Grave Felonies Code is more than P200.00, then it is a less grave
3. Light Felonies felony, because according to Art. 26, a fine not
exceeding P6,000.00 is a correctional penalty.
IMPORTANT WORDS AND PHRASES.
If the amount of the fine provided by the
"To which the law attaches the capital punishment." Code is more than P6,000.00, it is a grave felony,
Capital punishment is death penalty. because according to Art. 26, a fine exceeding
P6,000.00 is an afflictive penalty.
"Or penalties which in any of their periods are
afflictive." Article 26 versus Article 9
When the penalty prescribed for the offense
is composed of two or more distinct penalties, the Although Art. 26 provides that a fine not
higher or highest of the penalties must be an less than P200.00 is a correctional penalty, Art. 9
afflictive penalty. which defines light felonies should prevail, because
the latter (Art. 9) classifies felonies according to their
If the penalty prescribed is composed of two gravity, while the former (Art. 26) classifies the fine
or more periods corresponding to different divisible according to the amount thereof.
penalties, the higher or maximum period must be
that of an afflictive penalty. A felony punishable by a fine not exceeding
P200.00 and censure (Art. 365, paragraph 4) is a
If the penalty is composed of two periods of light felony, because public censure, like arresto
an afflictive penalty or of two periods corresponding menor, is a light penalty.
to different afflictive penalties, the offense for which
it is prescribed is a grave felony. Summary of classifications of felonies under
the RPC:
The afflictive penalties in accordance with Art. 25 of
this Code are: a. Under Article 3
i. Felonies by Act
1. Reclusion perpetua, ii. Felonies by Omission
2. Reclusion temporal, b. According to the manner of commission
3. Perpetual or temporary absolute i. Intentional Felonies
disqualification, ii. Culpable Felonies
4. Perpetual or temporary special c. According to the Stages of Execution
disqualification, i. Attempted Felony
5. Prision mayor. ii. Frustrated Felony
iii. Consummated Felony
"Penalties which in their maximum period are
correctional."
When the penalty prescribed for the offense
is composed of two or more distinct penalties, the
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ARTICLE 10. Offenses Not Subject to the The term "imprisonment" and not "prision
Provisions of this Code. — Offenses which are correccional" should be used in reference to the
or in the future may be punishable under penalty for the crime of illegal possession of firearms
special laws are not subject to the provisions of and other crimes punished by special laws, because
this Code. This Code shall be supplementary to the term "prision correccional," "prision mayor," or
such laws, unless the latter should specially "arresto mayor" is peculiar to penalties for crimes
provide the contrary. punished by the Revised Penal Code.
● Art. 6 relative to attempted and frustrated The proposal, not The transaction in
stages of execution having been accepted which the councilor
by the municipal became interested
● Arts. 18 and 19 regarding accomplices and council, the offense having been approved
accessories was only in the by the municipal
attempted stage. council, the offense
● Arts. 50 to 57 which provide that the was consummated.
penalty for the principal in an attempted
felony is two degrees and in a frustrated
felony one degree lower than the penalty for The special law has to fix penalties for
the consummated felony, that the penalty attempted and frustrated crime.
for the accomplice is one degree lower and
for the accessory two degrees lower than The special law does not provide for a
that for the consummated felony penalty one or two degrees lower than that provided
for the consummated stage.
● Arts. 13 and 14 which provide for mitigating
and aggravating circumstances The special law has to fix a penalty for the
attempt and a penalty for the frustration of the crime
● Art. 64 which provides for the rules for the defined by it, in order that the crime may be
application of penalties with three periods punished in case its commission reached only the
attempted or frustrated stage of execution.
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When a special law covers the mere attempt to applicable to special laws. (People vs. Respecia, 107
commit the crime defined by it, the attempted Phil. 995)
stage is punishable by the same penalty
provided by that law. Art. 64 of the Revised Penal Code
prescribing the rules for the graduation of penalties
(People vs. Jolliffe, 105 Phil. 677) containing three periods when mitigating and/or
aggravating circumstances attended the commission
When the accused was about to board a of the crime, was held inapplicable to offenses
plane of the Pan American World Airways, four pieces penalized by special laws, because the penalty
of gold bullion were found tied to his body. He was prescribed by special law is usually
charged with a violation of Republic Act No. 265. indeterminate and does not contain three
periods. (People vs. Ramos, 44 O.G. 3288; People
Held: Section 4 of Circular No. 21, issued in vs. Gonzales, 82 Phil. 307)
accordance with the provisions of Republic Act No.
265, provides that "any person desiring to export "Supplementary"
gold in any form x x x must obtain a license from the
Central Bank x x x." The word "supplementary" means supplying
what is lacking; additional.
This section explicitly applies to "any person
desiring to export gold" and hence, it contemplates Some provisions of the Penal Code
the situation existing prior to the consummation of (especially with the addition of the second sentence
the exportation. Indeed, its purpose would be of Art. 10), are perfectly applicable to special
defeated if the penal sanction were deferred until laws.
after the article in question had left the Philippines,
for jurisdiction over it and over the guilty party The Supreme Court has extended some provisions of
would be lost thereby. the Penal Code to special penal laws, such as:
Art. 10, R.P.C. is not applicable to punish an ● The provisions of Article 22 with reference
accomplice under the special law. to the retroactive effect of penal laws if they
favor the accused (People vs. Parel, 44 Phil.
The offense involved is punished by Com. 437);
Act No. 466, Sec. 174. The penalty imposed is
clearly intended only for the "person who is found in ● Those of Article 17 with reference to
possession" of the prohibited article. participation of principals in the commission
of the crime (U.S. vs. Ponte, 20 Phil. 379);
It would be a legal impossibility to
determine what penalty is to be imposed upon a ● Those of Article 39 with reference to
mere accomplice. The combined provisions of both subsidiary imprisonment in case of
the Revised Penal Code and the National Internal insolvency to pay the fine (People vs.
Revenue Code do not provide any such penalty or at Abedes, 268 SCRA 619); and
least lay down the basis or the manner of its
determination. ● Those of Article 45 with reference to the
confiscation of the instruments used in the
The rule is and has always been nullum commission of the crime.
crimen nulla poena sine lege. Hence, even if
appellant is conceded to have performed acts which Indemnity and subsidiary imprisonment in the
would make of him an accomplice, it would Revised Penal Code applied to violation of
nevertheless be impossible to impose any Motor Vehicle Law.
penalty upon him because of the demonstrated
inapplicability of the principles of the Revised People vs. Moreno
Penal Code on accomplices to the case at bar. (60 Phil. 712)
(Dissenting opinion, People vs. Padaong, 10 C.A.
Rep. 979) Facts: The accused drove a car in a reckless manner,
and in going around a curve leading to a concrete
Plea of guilty is not mitigating in illegal bridge, he violently struck the railing of the bridge
possession of firearms, punished by special and crushed the left side of the car.
law.
The person who was seated on the left side of the
The plea of guilty as mitigating car received injuries from which he died the same
circumstance under the Revised Penal Code (Art. 13, day. The accused was convicted of homicide
par. 7) is not available to offenses punishable under thru reckless imprudence and violation of the
special laws. (People vs. Noble, 77 Phil. 1086) Motor Vehicle Law (Act No. 3992).
The provisions of the Revised Penal Code, That special law has no provision regarding
relative to the application of the circumstances indemnity to heirs of the deceased and subsidiary
modifying the criminal liability of the accused are not imprisonment in case of insolvency.
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In Articles 39 and 100 of the Revised Penal Code, "Unless the latter should specially provide the
indemnity to heirs and subsidiary imprisonment are, contrary."
respectively, provided.
Under Art. 10 of the Revised Penal Code it
Held: Articles 39 and 100 of the Revised Penal Code has supplementary application to all special laws,
are supplementary to the Motor Vehicle Law. unless the latter should specially provide the
contrary, and Commonwealth Act No. 465 makes no
Art. 39 of the Code applied to Rep. Act No. 145. provision that it exclusively applies to all
falsifications of residence certificates.
The appellant who was found guilty of a violation of
Rep. Act No. 145, penalizing unlawful solicitation of, Special laws amending the Revised Penal Code
or contract for, fees relative to claim for benefits are subject to its provisions.
under statutes of the U.S. being administered by the
U.S. Veterans Administration, was sentenced to P.D. No. 533 [THE ANTI-CATTLE RUSTLING
suffer subsidiary imprisonment (Art. 39) should he LAW OF 1974] is not a special law, entirely
fail to pay to the offended party the indemnity distinct from and unrelated to the Revised
awarded to the latter. (People vs. Lardizabal) Penal Code.
Art. 39 of the Code applied to Act No. 4003. From the nature of the penalty imposed
which is in terms of the classification and duration of
Appellant's contention that the trial court penalties as prescribed in the Revised Penal Code,
committed error in ordering him to serve subsidiary which is not for penalties as are ordinarily imposed in
imprisonment in case of insolvency in the payment of special laws, the intent seems clear that P.D. No.
fine for the reason that Act No. 4003, which prohibits 533 shall be deemed as an amendment of the
fishing with the use of explosives, fails to provide for Revised Penal Code, with respect to the offense
such subsidiary imprisonment and that being a of theft of large cattle (Art. 310), or otherwise to
special law, it is not subject to the provisions of the be subject to applicable provisions thereof such as
Revised Penal Code, is untenable. Article 104 of the Revised Penal Code on civil liability
of the offender, a provision which is not found in the
Articles 100 (civil liability) and 39 decree, but which could not have been intended to
(subsidiary penalty) are applicable to offenses under be discarded or eliminated by the decree.
special laws (People vs. Dizon [unrep.], 97 Phil.
1007). (People vs. Cubelo)