Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

Article 6 - Stages of Execution.

Attempted - Failed; Has not passed the subjective phase. There was no wound inflicted
or was it mortal.

Frustrated - Tried; Has passed both Objective and Subjective phase but did not
produce the felony by reason of causes independent of the will of the perpetrator.
Inflicts mortal wound.

Consummated - Completed; All the elements are present.

There are crimes that are consummated in one instant by a single act. These are Formal
Crimes; Slander and False Testimony.

Crimes consummated by mere attempt or proposal or by overt act.;

Flight to enemys country (Art. 121)
Corruption of minors (Art. 340)

Felony by Omission. There is no attempted stage when the felony is by omission, because
in this kind of felony the offender does not execute acts.

Crimes requiring the intervention of two persons to commit them are
consummated by mere agreement.

Material Crimes. There are 3 stages of execution.

Article 7 - When light felonies are punishable

Light Felonies - are those infractions of law for the commission of which the penalty arrest
mayor or fines not exceeding 200 pesos or both is provided.

Light Felonies which are punished by the RPC:

Slight physical Injuries
Theft
Alteration of Boundary Mark
Malicious Mischief
Intriguing against honor

Article 8 - Conspiracy and Proposal

Conspiracy - is when two or more people come to an agreement to commit a felony. In
some cases conspiracy is not an offense but merely a method to incur criminal liability.

Requisites:

1. 2 or more people came to an agreement
2. agreement concerned the commission of a felony
3. the execution of the felony be decided upon.

e.g.

A conspired with B to kill D. When they successfully consummated the murder, both A and B
are not punished by reason of conspiracy but are punished by reason of murder. Here
conspiracy is only a manner of incurring criminal liability.

The RPC specially provides penalty for mere conspiracy in Art. 115, 136, and 141.

Art. 115 - Conspiracy to commit Treason

Art. 136 - Conspiracy to commit Rebellion or insurrection

Art. 141 - Conspiracy to commit Sedition.

The RPC specially provides penalty for mere proposal in Art. 115 and 136

Art. 115 - Proposal to commit treason

Art. 136 - Proposal to commit Rebellion or insurrection

Requisites:

1. a person has decided to commit a felony
2. he proposes its execution to some other person or persons.

Conspiracy and proposal are punishable are against the security of the State or
economic security.

Treason is against the external security of the state.
Rebellion and Sedition is against the internal security of the state.

Article 9 - Grave Felonies, Less Grave Felonies and Light Felonies

Grave felonies are those in which the law attaches capital punishment or penalties, which
in any of their periods are afflictive, in accordance to Art. 25 of this Code.

Less Grave Felonies are those in which the law punishes with penalties, which in their
maximum period are correctional, in accordance with the above-mentioned article.

Light Felonies are those infractions of law for the commission of, in which the penalty of
arresto mayor or fines not exceeding 200 pesos, or both, is provided.

Article 10 - Offenses not subject to the provisions of this Code.

Special Laws - a penal law which punishes acts not defined and penalized by the RPC. It is
a statute enacted by the LEGISLATIVE branch, penal in character, which is not an
amendment to the RPC.

Article 11 - Justifying Circumstances

Justifying Circumstances - are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the law and is
free from both criminal and civil liability.

You might also like