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CRIMES WHICH ARE PUNISHABLE BY MERE CONSPIRACY

A. Under RPC: (TRIC-SM)


1. Treason (Art. 115)
2. Rebellion (Art. 136)
3. Insurrection (Art. 136)
4. Coup d’ etat (Art. 136)
5. Sedition (Art. 141)
6. Monopolies and combinations in restraint of trade (Art. 186)

A. Under Special Laws: (HAI-ACE; hai-ace)


1. Highway robbery
2. Arson
3. Illegal association
4. Acts of Terrorism under the Human Security Act (RA No. 9372)
5. Certain acts committed under RA 9165
6. Espionage

B. Crimes which are punishable for mere proposal: (TRIC)


1. Treason (Art. 115)
2. Rebellion (Art. 136)
3. Insurrection (Art. 136)
4. Coup d’ etat (Art. 136)
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 proposal when:
1. The person who proposes is not determined to commit the felony.
2. There is no decided, concrete and formal proposal but only a
suggestion.
3. What is proposed is not the commission of a felony but some other
acts.

ARTICLE 9
Classification of Felonies According to Gravity:

I. Grave Felonies: Felonies which the law attaches the capital


punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25, RPC.
1. Capital punishment
2. Reclusion perpetua
3. Reclusion termporal
4. Perpetual or temporary absolute disqualification
5. Perpetual or temporary special disqualification
6. Prision mayor
7. Fines—more than P1,200,000.00 (RA No. 10951)

II. Less Grave Felonies: Felonies which the law punishes with penalties
which in their maximum period are correctional, in accordance with Art. 25,
RPC.
1. Prision Correccional
2. Arresto Mayor
3. Suspension
4. Destierro
5. Fines equivalent to more than P40,000.00 but not more than
P1,200,000.00 (RA No. 10951)

III. Light Felonies: Those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding P40,000.00 or both is
provided.
1. Arresto Menor
2. Fine not exceeding P40,000.00(RA No. 10951)

Classifications of Felonies based on Fines:


1. Grave Felonies—more than P1,200,000.00 (RA No. 10951)
2. Less Grave Felonies—more than P40,000.00 but not more than
P1,200,000.00
3. Light Felonies—not exceeding P40,000.00(RA No. 10951)

CLASSIFICATIONS OF FINES UNDER RA NO. 10951


A. Afflictive Penalty: Exceeds P1,200,000.00.

B. Correctional Penalty: Does not exceeds P1,200,000.00 but not


less than P40,000.00.

C. Light Penalty: Less than P40,000.00.


NOTA BENE: importance of classification:
(a) to determine whether or not these felonies can be complexed
under Article 48, RPC.
(b) to determine the prescription of the crime and of the penalty in
accordance with Articles 90 and 91, RPC, respectively.

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