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 40,000 pesos or both; is provided. (10951)

The GRAVITY of the felonies is determined by the PENALTIES attached to them by LAWS

Those to which the law attaches the capital punishment - DEATH

Penalties which in any of their periods are afflictive
Afflictive Penalties
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

With penalties which in their maximum period are correctional

Prision correccional,
Arresto mayor,
Suspension,
Destierro
Which a penalty of arresto menor or a fine not exceeding 40,000 pesos or both; is provided
Note:
If the amount is more than 40,000 is less grave felony according to Article 26. ( A fine not less
than 40K is a correction felony.
If the amount is more than 1,200.000- grave felony (Art 26) a fine exceeding the mentioned
amount is an afflictive penalty.
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.
Article 10 composed of two clauses
FIRST- Offenses under special laws are not subject to the provisions of the code
SECOND- Makes the Code supplementary to such laws

LEX SPECIALIS DEROGANT GENERALI- special legal provisions over general ones
Special Laws- statute enacted by the legislator’s branch, penal in character, which is not
amendment to the RPC.
A special law is defined in US. Vs. Serapio as a penal law which punishes the act not defined
and penalized by the Penal Code.
Revised Penal Code, not suppletory when the penalties under the special law are different from
those under the Revised penal Code.
RA No. 6539- Anti Carnapping Law
Offenses under special laws, not subject to the provisions of this Code relating to attempted
and frustrated crimes.
Section 28 of the Municipal Code (Act No. 82) US v. Basa)
People v Ngan Te
Article 10 is not applicable to punish an accomplice under a special law which does not
punish a mere accomplice.
C.A. No. 446 Secton 174 ( People vs. Padaong)
The special law has to fix penalties for attempted and frustrated crime.
When a special law covers the mere attempt to commit the crime defined b it, the
attempted stage is punishable by the penalty provided by that law.
R.A. No. 265 ( People v. Joliffe) exportation of gold
Mitigating or aggravating circumstance, not applied to offenses punishable under special
laws.
People v. Noble, People v. Respecia, People v Ramos, People v Gonzales
No accessory penalty, unless special law provides therefor.
People vs. Santos ( Act 3992)
Where the special law adopted penalties from the RPC, the rules for graduating penalties
by degrees of determining the proper period should be applied.
Note: Indeterminate Sentence Law
R. A. No. 7610
People vs. Simon, Cadua vs. Court of Appeals, Dulla vs. Court of Appeals, Sanschez vs. People
and CA)

SUPPLEMENTARY
Supplying means lacking or additional
Art 22 (People vs Parel), Art 39 ( People vs. Abedes)
Art. 17 ( US vs Ponte), Art. 45 (US vs. Brushezz)
Suppletory Application of the RPC
1. Subsidiary Penalty
2. Civil Liability
3. Rules on Service of Sentence
4. Definition on Principals, Accomplices and Accessories
5. Principle of Conspiracy

Art. 11. Justifying circumstances. — The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to
prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending
himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same
degrees and those consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are present, and the further
requisite, in case the revocation was given by the person attacked, that the one making defense
had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger,
provided that the first and second requisites mentioned in the first circumstance of this Art. are
present and that the person defending be not induced by revenge, resentment, or other evil
motive. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present; First. That the evil sought to be
avoided actually exists; Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it. 5. Any person
who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person
who acts in obedience to an order issued by a superior for some lawful purpose.
Imputably- is the quality by which an act may be ascribed to a person as its author or
owner. It implied that the said act committed has been freely and consciously done.
Responsibility- obligation of suffering the consequesnce of crime. It is the obligation of
taking the penal and civil consequences of the crime.
Guilt- element of responsibility, for a man cannot be made to answer for the consequence
of a crime unless he is guilty
Danger must be present , an actually in existence
The danger is on point of happening.