LESSON 9 - LIGHT FELONIES, CONSPIRACY TO COMMIT FELONY AND CLASSIFICATION OF FELONIES

ACCORDING TO GRAVITY

A. Light felonies are those infractions of law or the commission of which the penalty of
arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) or both is
provided.

The following are crimes punishable by light felonies

under Revised Penal Code:
1. Slight Physical Injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor

As a general rule, light felonies are

punishable only when it is consummated. The
exception is that when light felonies are
committed against persons or property, they are
punishable even if attempted or frustrated.

Light felonies produce light, insignificant

moral and material injuries that the public
conscience is satisfied with providing a light
penalty for their consummation. If they are not
consummated, the wrong done is so slight that there is no need of providing a penalty at all
(Reyes, 2008).

On the other hand, if light felonies are committed against persons or property, it
presupposes in the offender moral depravity. Thus, even an attempted or frustrated felonies
against a person or property are considered punishable.

Examples of light felonies against person:

a. Slight physical injuries and maltreatment under Article 266 of the RPC

Examples of light felonies against property:

a. Theft under Article 309, paragraph 7 and 8 of the RPC - theft when the value of
thing stolen does not exceed Five Hundred Pesos (Php 500.00) and theft is
committed under the circumstances of (i) hunting or fishing or gathering fruits,
 cereals, or other forest or farm products upon an inclosed estate or field where
trespass is forbidden, and (ii) the offender is promoted by hunger, poverty, or the
difficulty of earning a livelihood.
b. Alteration of boundary marks under Article 313
c. Malicious mischief under Article 328, paragraph 3 and Article 329 paragraph 3
where the damage is not more than Forty Thousand Thousand Pesos (Php
40,000.00) or if it cannot be estimated.

B. Conspiracy and Proposal to Commit Conspiracy

Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

Element of a conspiracy:
a. Two or more persons came to an
agreement - there was a
meeting of the minds between
conspirators
b. The agreement pertains to the
commission of a felony - an
agreement to act, effect or bring
about what has already been
conceived and determined
c. The execution of the felony was decided upon

As a general rule, mere conspiracy or proposal to commit a conspiracy is not punishable

since they are only preparatory acts. The exception is that, mere conspiracy or proposal to
commit conspiracy is punishable where the law specifically provides a penalty for it.

The following are felonies under RPC which specifically provides for mere conspiracy:
a. Treason (Art. 115)
b. Rebellion (Art. 136)
c. Insurrection (Art. 136)
d. Coup d’etat (Art. 136)
e. Sedition (Art. 141)
f. Monopolies and combinations in restraint of trade (Art. 186)

Under the following special penal laws, conspiracy is punishable:

a. Selected acts committed under the Dangerous Drugs Act
 b. Espionage
c. Illegal Association
d. Highway Robbery
e. Arson

Proposal to commit a felony exists when the person who has decided to commit a felony
proposes its execution to some other person or persons.

Elements of proposal to commit felony are as follows:

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

Proposal to commit a felony is punished in

the following crimes:
a. Treason
b. Rebellion
c. Insurrection
d. Coup d’etat

Once a conspiracy is established, each and every one of the conspirators is made
criminally liable for the crime committed by anyone of them, unless, one or some of the
conspirators committed some other crime which is not part of the intended crime.

Exception to the above mentioned provision:

a. When another crime was committed in their presence and they did not prevent
its commission
b. When the other crime is the natural consequence of the crime planned
c. When the act constitutes a “single indivisible offense.”

Doctrine of Implied Conspiracy - An implied conspiracy exists when two or more persons
are shown to have aimed by their acts towards the accomplishment of the same unlawful
object, each doing a part so that their combined acts, though apparently independent, were in
fact connected· and cooperative, indicating closeness of personal association and a
concurrence of sentiment. Implied conspiracy is proved through the mode and manner of the
commission of the offense, or from the acts of the accused before, during and after the
commission of the crime indubitably pointing to a joint purpose, a concert of action and a
community of interest. (People of the Philippines vs. Estrillo Escobal and Melvin Abano, G.R. No.
206292, October 11, 2017)

Example of conspiracy:

Juan and Pedro 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, Juan and Pedro are liable for conspiracy to commit rebellion under Art. 136 of
the RPC.

But if Juan and Pedro and their followers did rise publicly and take arms against the
government to overthrow it, thereby committing a rebellion, their conspiracy is not a felony. They
are liable for rebellion and their conspiracy is only a manner of incurring criminal liability for
rebellion (Reyes, 2008)

C. Classification of felonies according to their gravity

The gravity of felonies is determined by the penalties attached to them by law.

a. Grave felonies - those felonies to which the law attaches the capital punishment,
or penalties which in any of their periods are afflictive:
i. Reclusion perpetua
ii. Reclusion temporal
iii. Perpetual or temporary absolute disqualification
iv. Perpetual or temporary special disqualification
v. Prision Mayor
vi. Fines exceeding One million two hundred thousand (₱1,200,000)

"Art. 26. When afflictive, correctional, or light penalty. - A fine, whether

imposed as a single or as an alternative penalty, shall be considered an
afflictive penalty, if it exceeds One million two hundred thousand
(₱1,200,000); a correctional penalty, if it does not exceed One million two
hundred thousand pesos (₱1,200,000) but is not less than Forty thousand
pesos (₱40,000); and a light penalty, if it be less than Forty thousand pesos
(₱40,000)."

b. Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional
i. Prision correccional
 ii. Arresto mayor
iii. Suspension
iv. Distierro
v. Fines not exceeding One million two hundred thousand pesos (₱1,200,000)
but is not less than Forty thousand pesos (₱40,000)

c. Light felonies are those infractions of law or the commission of which the penalty
of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) or both is
provided.