Article 9. Grave Felonies, Less Grave Felonies And Light Felonies
On Criminal Law
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 Article 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 article.
Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding forty thousand pesos (P40,000) or both is provided."
Importance of Classification
1. To determine whether the felonies can be complex or not.
2. To determine the prescription of the crime and of the penalty.
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties: 1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30 days)
As to the liability of the participants in a grave, less grave or light felony:
1. When the felony is grave, or less grave, all participants are criminally liable.
2. But where the felony is only light, only the principal and the accomplice are liable. The accessory is not.
Therefore, it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice, even though the felony is only attempted or frustrated, but accessories are not liable for light felonies.