Art. 7. When light felonies are punishable. — Light fel on i es are
p u n i s h a b l e onl y w he n the y e b ee n , wit h th e e x c e p t i o n o f t ho s ehav c o m m i t t e d caognasi nusmtmpaetresdo n s o r .
What are light felonies?
Light felonies are those infractions of law for the commission of which the penalty arresto 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.
I M P OR T A N T W ORD S AN D P H R A S E S . 1. "With the exception of those committed against persons or
General Rule:
Light felonies are punishable only when they have been
Exception: consum• Light felonies committed against persons or property, are punishable even or frustrated.
Reason for the general rule.
Light felonies produce such light, such insignificant moral and material injuries that public conscience is satisfied with providing a CONSPIRACY AND PROPOSAL TO Art. 8 COMMIT FELONY 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. (Albert)
Reason for the
The commission of felonies against persons or property presup• poses 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:
Art. 309, No. 7 — Theft by hunting or fishing or gathering fruits, cereals or other forest or farm products upon an inclosed estate or field where trespass is forbidden and the value of the thing stolen does not exceed 2. Art. 309, No. 8 — Theft, where the value of the stolen prop• erty does not exceed 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 or if it cannot be estimated.