Art.9 Grave, Less Grave and Light Felonies

Question 1

What is ARTICLE 9 of the RPC?

Answer 1

GRAVE, LESS GRAVE, AND LIGHT FELONIES

1. 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 Article 25 of this Code.
2. Less grave felonies
   - are those which the law punishes with PENALTIES which in their MAX period are correctional, in accordance with the above-mentioned article.
3. Light felonies
   - are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding PHP200 or both is provided.

Question 2

“To which the law attaches capital punishment”

Answer 2

• Capital punishment = death penalty
• If there are two distinct punishments, the one with the higher penalty should be afflictive/correctional

1. > P200 = LIGHT FELONY
2. P200 - 6000 = LESS GRAVE FELONY
3. Exceeding 6000 = GRAVE FELONY

Question 3

What are AFFLICTIVE penalties?

Answer 3

Reclusion Perpetua
Reclusion Temporal
Perpetual or Temp. Absolute Disqualification
Perpetual or Temp. Special Disqualification

Question 4

What are CORRECTIONAL penalties?

Answer 4

Prision Correcional
Arresto Mayor
Suspension
Destierro (banishment)

Question 5

What are GRAVE FELONIES?

Answer 5

Those to which the law attaches the:

CAPITAL PUNISHMENT or PENALTIES which in any of their periods are: AFFLICTIVE. (in accordance with Article 25 of this Code) (Fine:P6000+)

1. Capital Punishment = Death Penalty!
2. Afflictive Penalties:
   a) Reclusion Perpetua (20y.1d-40y)
   b) Reclusion Temporal (12y.1d-20y)
   c1) Perpetual Absolute Disq.
   c2)Temporary Absolute Disq. (6y.1d-12y)
   d1) Perpetual Special Disq.
   d2) Temp. Special Disq. (6y.1d-12y)
   e) Prision Mayor (6y.1d-12y)
   BOND to keep the Peace:
   Cover period of time (up to the court) RA7659 dated 12.13.93

Question 6

What are LESS GRAVE FELONIES?

Answer 6

Are those which the law punishes with PENALTIES which in their MAX period are correctional. (in accordance with the above-mentioned article.) (Fine:P200-6000)

Correctional Penalties:

1. Prision Correccional (6m.1d-6y)
2. Arresto Mayor (1m.1d-6m)
3. Suspension (6m.1d-6y)
4. Destierro (6m.1d-6y

Question 7

What are LIGHT FELONIES?

Answer 7

Are those infractions of law for the commission of which the penalty of:

1. arresto menor (1-30 days)
2. fine not exceeding PHP200
3. OR BOTH.