Title One

FELONIES AND CIRCUMSTANCES

WHICH AFFECT CRIMINAL LIABILITY
Chapter One
Felonies
Article 3. Definitions. - Acts and omissions punishable by
law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo)

but also by means of fault (culpa).

There is deceit when the act is performed with deliberate

intent and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
Classificaton of Felonies
Based on Paragraphs (1) and (2), here are the elements.

The elements of felonies in general are:

1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised
Penal Code.
3. That the act is performed or the omission incurred by
means of dolo or culpa. (People vs. Gonzales, G.R. No.
80762, March 19, 1990, 183 SCRA 309, 324)
Note:
By act must be understood any bodily movement tending to produce some
effect in the external world, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient. (People vs.
Gonzales, supra)

● Only external act is punished.

○ The act must be external, because internal acts
are beyond the sphere of penal law. Hence, a
criminal thought or a mere intention, no matter how
immoral or improper it may be, will never constitute
a felony.
Note:

By omission is meant inaction, the failure to perform a

positive duty which one is bound to do. There must be a
law requiring the doing or performance of an act.

The omission must be punishable by law.

● Every person owing allegiance to the Philippines, without

being a foreigner, and having knowledge of any conspiracy
against the government, who does not disclose and make
known the same to the proper authority, is liable for
misprision of treason. (Art. 116)
Note:
● Punishable by law.
“Nullum crimen, nulla poena sine lege”
There is no crime where there is no law punishing it.
According to paragraph (3) of Article 3 —

Felonies are committed not only be means of deceit (dolo)

but also by means of fault (culpa).

Classifications:
1. Intentional felonies - the act or omission of the offender is
malicious. The offender, in performing the act or in incurring
the omission, has the intention to cause an injury to another.
2. Culpable felonies - the act or omission of the offender is not
malicious. The injury caused by the offender to another
person is "unintentional, it being simply the incident of
another act performed without malice.
 By means of dolo or with malice
(When is a person liable for intentional felony?)

● intent to do an injury to another

● Offender, in performing an act or in
incurring an omission, has the intention to
an injury to the person, property or right of
another.
● The act or omission is punishable in the
Revised Penal Code.
 By means of fault or culpa
(When is a person liable for culpable felony?)

● Committed unconsciously and quite

intentionally
● Performed without malice
● The act or omission is punishable in the
Revised Penal Code but is in a lesser
degree and with an equal result. It is
qualified as imprudence or negligence.
A person who caused an injury, without intention to
cause an evil, may be held liable for culpable felony.

Difference between imprudence, negligence, lack of

foresight or lack of skill —
● Imprudence indicates a deficiency of action.
○ If a person fails to take the necessary precaution to avoid
injury to person or damage to property, there is imprudence.
● Negligence indicates a deficiency of perception.
○ If a person fails to pay proper attention and to use due
diligence in foreseeing the injury or damage impending to be
caused, there is negligence.
● Negligence usually involves lack of foresight. Imprudence usually
involves lack of skill.
Both acts must be voluntary.

● Intentional felony - committed when the act is performed

with deliberate intent, which must necessarily be voluntary.
● Culpable felony - committed when the wrongful act results
from imprudence, negligence, lack of foresight or lack of
skill, the act is also voluntary.
● The difference is the presence of malice.
Requisites of dolo or malice

In order that an act or Omission may be considered as having been

performed or incurred with deliberate intent, the following requisites
must concur:
1. He must have FREEDOM while doing an act or omitting to do an
act;
2. He must have INTELLIGENCE while doing the act or omitting to
do the act;
3. He must have INTENT while doing the act or omitting to do the act
● Intent presupposes the exercise of freedom and the use of
intelligence
● The existence of intent is shown by the overt acts of a
person.
● Criminal intent is presumed from the commission of an
unlawful act, but it does not arise from the proof of the
commission of an act which is lawful.
○ There is no felony by dolo if there is no intent.
● Mistake of fact
○ While ignorance of the law excused no one from compliance therewith,
ignorance or mistake of fact relieves the accused from criminal liability.
○ This is the misapprehension of fact on the part of the person who caused
injury to another. He is not, however, criminally liable, because he did not act
with criminal intent.
○ Requisites:
1. That the act done would have been lawful had the facts been as the
accused believed them to be.
2. That the intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the
accused.
Mistake of Fact
Take note:
● Lack of intent to commit a crime may be inferred from the facts of the case.
● In mistake of fact, the act done would have been lawful, had the facts been as
the accused believed them to be.
● The mistake must be without fault or carelessness on the part of the accused.
● In mistake of fact, the intention of the accused in performing the act should be
lawful.
● Lack of intent to kill the deceased, because his intention was to kill another,
does not relieve the accused from criminal responsibility.
● In mistake of fact, the intention of the accused in performing the act should be
lawful.
● No crime of resistance when there is a mistake of fact.
● When the accused is negligent, mistake of fact is not a defense.
Criminal intent is necessary in felonies committed by
means of dolo

Criminal intent is necessary in felonies committed by means of dolo because of

the legal maxims —

● Actus non facit reum nisi mens sit rea, "the act itself does not make a man
guilty unless his intention were so."
● Actus me invito factus non est meus actus, "an act done by me against my
will is not my act." (U.S. vs. Ah Chong, 15 Phil. 499)
● When the accused is charged with intentional felony, absence of criminal intent is a
defense.
● Criminal intent is replaced by negligence and imprudence in felonies committed by
means of culpa.
● Therefore, in order that the act or omission in felonies committed by means of fault
or culpa may be considered voluntary, the following requisites must concur:
1. He must have FREEDOM while doing an act or omitting to do an act;
2. He must have INTELLIGENCE while doing the act or omitting to do the act;
3. He is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT or SKILL while doing
the act or omitting to do the act.
● In culpable felonies, the injury caused to another should be unintentional, it being
simply the incident of another act performed without malice.
● Mistake in the identity of the intended victim is not reckless imprudence.
● A person causing damage or injury to another, without malice or fault, is not
criminally liable under the Revised Penal Code.
MALA IN SE vs. MALA PROHIBITA

Crimes which are mala in se are wrongful from their nature, such as theft,
rape, homicide, etc..
Those so serious in their effects on society as to call for almost unanimous
condemnation of its members.
Crimes that are mala prohibita, or wrong merely because prohibited by
statute, such as illegal possession of firearms.
These are violations of mere rules of convenience designed to secure a more
orderly regulation of the affairs of society.
(Bouvier's Law Dictionary, Rawle's 3rd Revision)
Article 4. Criminal liability. - Criminal liability shall be
incurred:

1. By any person committing a felony (delito) although

the wrongful act done be different from that which he
intended.

2. By any person performing an act which would be an

offense against persons or property, were it not for the
inherent impossibility of its accomplishment or an account
of the employment of inadequate or ineffectual means.
Let’s look at paragraph (1) --- ANY PERSON

One who commits an intentional felony is responsible for all the

consequences which may naturally and logically result therefrom,
whether foreseen or intended or not.

In view of paragraph 1 of Art. 4, a person committing a felony is criminally

liable although the consequences of his felonious act are not intended by
him.

Thus, where the death of the 6 year-old victim was brought about by the
rape committed by the accused, it is of no moment that she died by
accident when she hit her head on the pavement while struggling, because,
having performed an act constituting a felony, he is responsible for all the
consequences of said act, regardless of his intention. (People vs. Mario
Mariano, 75 O.G. 4802, No. 24, June 11, 1979)
● One is not relieved from criminal liability for the natural consequences of one's
illegal acts, merely because one does not intend to produce such
consequences. (U.S. vs. Brobst, 14 Phil. 310)
● “el que es causa de la causa es causa del mal causado” (he who is the
cause of the cause is the cause of the evil caused.
● This paragraph says that criminal liability shall be incurred by any person
“committing a felony,” not merely performing an act. It applies only to felonies
committed by means of dolo, that is, with malice; however, this wrongful act
done “different from that which he intended.”
○ Therefore, if the wrongful act results from imprudence, negligence, lack of

foresight or lack of skill of the offender, his liability should be determined

under Article 365 which defines and penalizes criminal negligence. This
Article does not apply.
Let’s look at paragraph (1) --- ALTHOUGH THE WRONGFUL ACT
DONE BE DIFFERENT FROM THAT WHICH HE INTENDED

The causes which may produce a result different from that which the
offender intended are:
(1) mistake in the identity of the victim (error in personae);
(2) mistake in the blow, that is, when the offender intending to do an
injury to one person actually inflicts it on another (aberratio ictus);
and
(3) the act exceeds the intent, that is, the injurious result is greater
than that intended (praeter intentionem)
 Aberratio ictus
Error in personae
Praeter intentionem
Requisites of paragraph 1 of Art. 4

a. That an intentional felony has been committed; and

b. That the wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed
by the offender. (US vs. Brobst)
● That a felony has been committed.
○ No felony is committed (1) when the act or omission is not punishable by the
RPC, or (2) when the act is covered by any of the justifying circumstances
enumerated in Art. 11.
○ Act of defense or fulfillment of duty must be exercised with due care; otherwise,
the accused will be liable for culpable felony.
● Any person who creates in another's mind an immediate sense of danger, which
causes the latter to do something resulting in the latter's injuries, is liable for the
resulting injuries.
● Wrong done must be the direct, natural and logical consequence of felonious act.
● The felony committed must be the proximate cause of the resulting injury.
○ Proximate cause is "that cause, which, in natural and continuous sequence,
unbroken by any efficient intervening cause, produces the injury, and without
which the result would not have occurred." (Bataclan vs. Medina, 102 Phil. 181,
186, quoting 38 Am. Jur. 695)
○ The felony committed is not the proximate cause of the resulting injury when:
a) there is an active force that intervened between the felony committed and
the resulting injury, and the active force is a distinct act or fact absolutely
foreign from the felonious act of the accused; or
b) the resulting injury is due to the intentional act of the victim.
● When death is presumed to be the natural consequence of physical injuries
inflicted.
○ The death of the victim is presumed to be the natural consequence of the
physical injuries inflicted, when the following facts are established:
1. That the victim at the time the physical injuries were inflicted was in
normal health.
2. That death may be expected from the physical injuries inflicted.
3. That death ensued within a reasonable time. (People vs. Datu Baginda,
C.A., 44 O.G. 2287)
● If the consequences produced have resulted from a distinct act or fact absolutely
foreign from the criminal act, the offender is not responsible for such
consequences. (People vs. Rellin, 77 Phil. 1038)
○ The felony committed is not the proximate cause of the re sulting injury
when —
1. There is an active force that intervened between the felony committed
and the resulting injury, and the active force is a distinct act or fact
absolutely foreign from the felonious act of the accused; or
2. The resulting injury is due to the intentional act of the victim.
Impossible Crimes
Let’s look at paragraph (2) --- IMPOSSIBLE CRIMES

The commission of an impossible crime is indicative of criminal

propensity or criminal tendency on the part of the actor. Such person is a
potential criminal. The penalty for impossible crime is provided in Article 59 of
this Code.

Requisites of impossible crime:

1. That the act performed would be an offense against persons or property.
2. That the act was done with evil intent.
3. That its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual.
4. That the act performed should not constitute a violation of another provision
of the Revised Penal Code.
Let’s look at paragraph (2) --- PERFORMING AN ACT WHICH COULD BE
AN OFFENSE AGAINST PERSONS OR PROPERTY

In committing an impossible crime, the offender intends to commit a felony

against persons or a felony against property, and the act performed would have
been an offense against persons or property. But a felony against persons or
property should not be actually committed, for, otherwise, he would be liable for
that felony. There would be no impossible crime to speak of.

If the act performed would be an offense other than a felony against persons or
against property, there is no impossible crime.

Since the offender in impossible crime intended to commit an offense against

persons or against property, it must be shown that the actor performed the act
with evil intent, that is, he must have the intent to do an injury to another.
Let’s look at paragraph (2) --- WERE IT NOT FOR THE INHERENT
IMPOSSIBILITY OF ITS ACCOMPLISHEMENT OR ON ACCOUNT OF THE
EMPLOYMENT OF INADEQUATE OR INEFFECTUAL MEANS

In impossible crime, the act performed by the offender cannot produce an

offense against persons or property, because:

(1) the commission of the offense (against persons or against property) is

inherently impossible of accomplishment; or
(2) the means employed is either (a) inadequate; or (b) ineffectual.
In impossible crime, the act performed by the offender cannot produce an
offense against persons or property, because:

(1) the commission of the offense (against persons or against property) is

inherently impossible of accomplishment

a. "Inherent impossibility of its accomplishment."

This phrase means that the act intended by the offender is by its nature one of
impossible accomplishment. (See Art. 59, Revised Penal Code)

There must be either (1) legal impossibility, or (2) physical impossibility of

accomplishing the intended act.
In impossible crime, the act performed by the offender cannot produce an offense
against persons or property, because:

(1) the commission of the offense (against persons or against property) is inherently
impossible of accomplishment

a. "Inherent impossibility of its accomplishment."

This phrase means that the act intended by the offender is by its nature one of
impossible accomplishment. (See Art. 59, Revised Penal Code)

There must be either (1) legal impossibility, or (2) physical impossibility of accomplishing
the intended act.

Examples:
(1) When one tries to kill another by putting in his soup a substance which he believes to
be arsenic when in fact it is common salt; and
(2) when one tries to murder a corpse. (People vs. Balmores, 85 Phil. 493, 496)
In impossible crime, the act performed by the offender cannot produce an offense
against persons or property, because:

(2) the means employed is either (a) inadequate; or (b) ineffectual.

a. inadequate

Example: A, determined to poison B, uses a small quantity of arsenic by mixing it with

the food given to B, believing that the quantity employed by him is sufficient. But since in
fact it is not sufficient, B is not killed. The means employed (small quantity of poison) is
inadequate to kill a person.

But where the means employed is adequate and the result expected is not produced, it
is not an impossible crime, but a frustrated felony.

Thus, if the quantity of poison used is sufficient to kill an ordinary person, but the
intended victim has developed strong resistance to poison because he has been
working in a mine, the crime committed is frustrated murder.
In impossible crime, the act performed by the offender cannot produce an offense
against persons or property, because:

(2) the means employed is either (a) inadequate; or (b) ineffectual.

a. ineffectual

A tried to kill B by putting in his soup a substance which he thought was arsenic when in
fact it was sugar. B could not have been killed, because the means employed was
ineffectual. But A showed criminal tendency and, hence, he should be punished for it in
accordance with Art. 4, par. 2, in relation to Art. 59.

A, with intent to kill B, aimed his revolver at the back of the latter, A, not knowing that it
was empty. When he pressed the trigger it did not fire. The means used by A is
ineffectual.
Purpose of the law in punishing the impossible crime.

● To suppress criminal propensity or criminal tendencies. Objectively,

the offender has not committed a felony, but subjectively, he is a
criminal.
Article 5. Duty of the court in connection with acts which should be repressed
but which are not covered by the law, and in cases of excessive penalties. -
Whenever a court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act should be made the
subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused
by the offense.
Stages of Execution
Article 6. Consummated, frustrated, and attempted felonies. - Consummated
felonies as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the
acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.

There is an attempt when the offender commences the commission of a felony

directly or over acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than this own
spontaneous desistance.
It is frustrated when

1. the offender performs all the acts of execution

2. which would produce the felony as a consequence
3. but which, nevertheless, do not produce it
4. by reason of causes independent of the will of the
perpetrator.
It is an attempt when
1. The offender commences the commission of the felony directly by overt
acts;
a. That there be external acts;
b. Such external acts have direct connection with the crime intended to
be committed.
2. He does NOT perform all the acts of execution which should produce the
felony;
3. The offender's act be NOT stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident
other than his spontaneous desistance.
Consummated felony, defined.
● A felony is consummated when all the elements necessary for its
execution and accomplishment are present.

Frustrated felony, defined.

● It is frustrated when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the will of the
perpetrator.

Attempted felony, defined.

● Ther e is an attempt whe n the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.
Overt or external act

● It is some physical activity or deed, indicating the intention

to commit a particular crime, more than a mere planning
or preparation, which if carried out to its complete
termination following its natural course, without being
frustrated by external obstacles nor by the spontaneous
desistance of the perpetrator, will logically and necessarily
ripen into a concrete offense.
Subjective and Objective Phases
Each felony under the RPC has
1. a "subjective phase," or that portion of the acts constituting the crime included between the act which
begins the commission of the crime and the last act performed by the offender which, with prior acts,
should result in the consummated crime.
2. After that point has been breached, the subjective phase ends and the objective phase begins.

It has been held that if the offender never passes the subjective phase of the offense, the crime is
merely attempted.
On the other hand, the subjective phase is completely passed in case of frustrated crimes, for in such
instances, "subjectively the crime is complete."
The determination of whether a crime is frustrated or consummated necessitates an initial concession
that all of the acts of execution have been performed by the offender.
The critical distinction instead is whether the felony itself was actually produced by the acts of execution.
The determination of whether the felony was "produced" after all the acts of execution had been
performed hinges on the particular statutory definition of the felony.
How to determine the stage of the crime
1. Nature of the offense;
2. Elements constituting the felony;
3. Manner of committing same —
a. Formal crimes - consummated in one instant; no attempt.
b. Crimes consummated by mere attempt or proposal or by overt act
c. Felony by omission (no attempted state)
d. Crimes requiring the intervention of two person to commit them are
consummated by mere agreement
e. Material crimes
Development of crime
● From the moment the culprit conceives the idea of committing a crime up to the
realization of the same, his act passes through certain stages. These stages are: (1)
internal acts; and (2) external acts.

1. Internal acts, such as mere ideas in the mind of a person, are not punishable even if,
had they been carried out, they would constitute a crime.
○ Intention and effect must concur. Mere intention producing no effect is no more a crime than a mere
effect without the intention is a crime.
○ Thus, if A intended to commit treason and joined a body of armed men in the belief that they were
Makapilis, when in fact they were Guerrilleros, A was not liable for treason, despite his intent. (Albert)
2. External acts cover (a) preparatory acts; and (b) acts of execution.
a. Preparatory acts — ordinarily they are not punishable.
Development of crime
2. External acts cover (a) preparatory acts; and (b) acts of execution.
a. Preparatory acts — ordinarily they are not punishable.

Ordinarily, preparatory acts are not punishable. Hence, proposal and conspiracy to commit a felony, which are only
preparatory acts, are not punishable, except when the law provides for their punishment in certain felonies. (Art. 8) But
preparatory acts which are considered in themselves, by law, as independent crimes are punishable.

Example: Possession of picklocks under Art. 304. The possession of picklocks is a preparatory act to the commission of
robbery. (Arts. 299 and 302)

The other examples of preparatory acts are: (1) buying poison or carrying a weapon with which to kill the intended victim;
(2) carrying inflammable materials to the place where a house is to be burned, etc. For merely doing any of these acts, a
person is not liable for attempted homicide or attempted arson, because they do not constitute even the first stage of the
acts of execution of those crimes.
Development of crime
b. Acts of execution — they are punishable under the Revised Penal Code.

The stages of acts of execution — attempted, frustrated, and

consummated — are punishable. (Art. 6)

The first stage of the acts of execution of a felony is the attempted; the
second stage, the frustrated; and the last stage, the consummated.

In performing the acts of execution of a felony, the offender may reach only
the first stage or the second stage. In either case, he does not produce the felony
he intends to commit. But he is liable for attempted felony or frustrated felony, as
the case may be.
Attempted felony
● There is an attempt when the offender begins the commission of a felony directly by
overt acts. He has not performed all the acts of execution which should produce the
felony.

● Elements of attempted felony:

1. The offender commences the commission of the felony directly by overt acts (two
requisites: (1) that there be external acts, (2) such external acts have direct connection
with the crime intended to be committed);
2. He does not perform all the acts of execution which should produce the felony;
3. The offender's act is not stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident other than
his spontaneous desistance.

● Preparatory acts vs. Overt acts

Frustrated felony

Elements:
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a consequence;
3. But the felony is not produced;
4. By reason of cause s independent of the will of the perpetrator

The requisites of a frustrated felony are: (1) that the offender has
performed all the acts of execution which would produce the felony; and
(2) that the felony is not produced due to causes independent of the
perpetrator's will. (People vs. Orita, G.R. No. 88724, April 3,1990, 184
SCRA 105,113)
Frustrated felony distinguished from attempted felony.

1. In both, the offender has not accomplished his criminal purpose.

2. While in frustrated felony, the offender has performed all the acts of execution
which would produce the felony as a consequence, in attempted felony, the
offender merely commences the commission of a felony directly by overt acts
and does not perform all the acts of execution.
● In other words, in frustrated felony, the offender has reached the objective
phase; in attempted felony, the offender has not passed the subjective phase.
Attempted or frustrated felony distinguished from
impossible crime.
1. In attempted or frustrated felony and impossible crime, the evil intent of the
offender is not accomplished.
2. But while in impossible crime, the evil intent of the offender cannot be
accomplished, in attempted or frustrated felony the evil intent of the offender
is possible of accomplishment.
3. In impossible crime, the evil intent of the offender cannot be accomplished
because it is inherently impossible of accomplishment or because the means
employed by the offender is inadequate or ineffectual; in attempted or
frustrated felony, what prevented its accomplishment is the intervention of
certain cause or accident in which the offender had no part.

Note: There is no attempted or frustrated impossible crime.

Consummated felony.

● A felony is consummated when all the elements necessary for its execution
and accomplishment are present.
● When not all the elements of a felony are proved --- When a felony has two or
more elements and one of them is not proved by the prosecution during the
trial, either (1) the felony is not shown to have been consummated, or (2) the
felony is not shown to have been committed, or (3) another felony is shown to
have been committed.
● When felonies do not have stages
○ If punished under Special Penal Laws;
○ By omission
○ Formal crimes

● Felonies without frustrated stage

○ Theft
○ Rape
Article 7. When light felonies are punishable. -
Light felonies are punishable only when they
have been consummated, with the exception
of those committed against person or property.
What are light felonies?
● 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)
● The light felonies punished by the Revised Penal Code:
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 one
day to thirty days), or a fine not exceeding P200.
General rule:
● Light felonies are punishable only when they have been consummated.
○ Reason: Light felonies produce such light, such insignificant moral and material
injuries that 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.
Exception:
● Light felonies committed against person or property, are punishable even if attempted
or frustrated.
○ Reason: The commission of felonies against persons or property presupposes in
the offender moral depravity. For that reason, even attempted or frustrated light
felonies against persons or property are punishable.
Examples of light felonies against person:
● Art. 266 — Slight physical injuries and maltreatment.

Examples of light felonies against property:

1. Art. 309, No. 7 — Theft by hunting or fishing or gathering fruits, cereals or other forest
or farm products upon an inclosed estat e or field where trespass is forbidden and the
value of the thing stolen does not exceed P5.00.
2. Art. 309, No. 8 — Theft, where the value of the stolen property does not exceed P5.00
and the offender was prompted by hunger, poverty, or the difficulty of earning a
livelihood.
3. Art. 313 — Alteration of boundary marks.
4. Art. 328, No. 3; Art. 329, No. 3 — Malicious mischief where the damage is not more
than P200.00 or if it cannot be
5. estimated.
Article 8. 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. (definition)

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.

● Reason for the rule --- Conspiracy and proposal to commit a crime are only preparatory
acts, and the law regards them as innocent or at least permissible except in rare and
exceptional cases. (The Revised Penal Code specially provides a penalty for mere
conspiracy in Arts. 115,136, and 141.)
● Art. 115. Conspiracy xxxto commit treason — Penalty. — The conspiracy x x
x to commit the crime of treason shall be punished x x x by prision mayor
and a fine not exceeding 10,000 pesos x x x.
● Art. 136. Conspiracy x x x to commit coup d'etat, rebellion or insurrection. —
The conspiracy x x x to commit coup d'etat shall be punished by prision
mayor in its minimum period and a fine which shall not exceed 8,000 pesos.
The conspiracy x x x to commit rebellion or insurrection shall be punished x
x x by prision correccional in its maximum period and a fine which shall not
exceed 5,000 pesos xxx. (As amended by Rep. Act No. 6968)
● Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the
crime of sedition shall be punished by prision mayor in its medium period and
a fine not exceeding 2,000 pesos. (As amended by P.D. No. 942)
Conspiracy as a felony, distinguished from conspiracy as a
manner of incurring criminal liability.
● 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, that is, all
the conspirators who carried out their plan and personally took part in its
execution are equally liable. The offenders are liable for treason, rebellion, or
sedition, as the case may be, and the conspiracy is absorbed.
● When conspiracy is only a manner of incurring criminal liability, it is not
punishable as a separate offense.
Requisites of conspiracy:

1. That two or more persons came to an agreement;

Agreement presupposes meeting of the minds of 2 or more person.
2. That the agreement concerned the commission of a felony; and
The agreement must refer to the commission of a crime; to act, to
effect, to bring about what has already been conceived and
determined.
3. That the execution of the felony be decided upon.
The conspirators have made up their minds to commit the crime. There must be a
determination to commit the crime of treason, rebellion or sedition.
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.
2. There is no decided, concrete and formal proposal.
3. It is not the execution of a felony that is proposed.
Classification of felonies
according to their gravity.
Article 9. Grave felonies, less grave felonies and 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 Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional, in accordance with the above-
mentioned Art..

Light felonies are those infractions of law for the commission of which a penalty
of arresto menor or a fine not exceeding 200 pesos or both; is provided.
Article 10. Offenses not subject to the
provisions of this Code. - Offenses which are
or in the future may be punishable under
special laws are not subject to the provisions of
this Code. This Code shall be supplementary
to such laws, unless the latter should specially
provide the contrary.