Classification of Felonies According to Gravity | Article 9, Revised Penal Code

Felonies are acts and omissions punishable by the Revised Penal Code.¹ We shall explain the classification of felonies according to gravity. Are all felonies the same in gravity? Is murder as grave as slight physical injury? Why is it important to know the classification of felonies?

It is important to know said classifications because:

• It determines who are liable for the felony. Only principal and accomplices are liable for light felonies;²
• It determines the duration of detention if the person sentenced fails to give the required bond to keep the peace as provided in the last paragraph of Art. 35 of the Revised Penal Code;
• It determines the duration of the subsidiary imprisonment if the principal penalty imposed is only a fine;³
• It determines whether the additional penalty of disqualification is absolute or temporary for certain accessories;⁴
• It determines the penalty to be imposed when not all requisites of exemption of the fourth circumstance of Article 12 are present⁵ and for quasi-offenses.⁶

So, what are the classifications of felonies according to their gravity?

Classification of Felonies According to Gravity

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 Art. 25 of this Code.⁷

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.⁸

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.⁹

The abovementioned provision there are three (3) kinds of felonies according to severity.

Grave Felonies

These are the most serious offenses that are punishable by the most severe penalties, such as imprisonment ranging from six (6) months and 1 day to forty (40) years. Before, there are crimes in this category that is punished by death. However, the death penalty is abolished in the Philippine legal system.

Examples:

• Murder: The penalty is reclusion perpetua (imprisonment for 20 years and 1 day to 40 years) or shall be punished by reclusion temporal in its maximum period to death.¹⁰
• Rape: The penalty can be reclusion perpetua to death.¹¹
• Treason: The penalty of reclusion perpetua to death and shall pay a fine not to exceed Four million pesos (P4,000,000).¹²
• Piracy: The penalty is reclusion perpetua to death.¹³
• Kidnapping and Serious Illegal Detention: The penalty is reclusion perpetua to death.¹⁴
• Qualified Theft:¹⁵ The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than One million two hundred thousand pesos (P1,200,000) but does not exceed Two million two hundred thousand pesos (P2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (P1,000,000) but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in connection with the accessory  penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.¹⁶
• Homicide: The penalty is reclusion temporal (12 years and 1 day-20 years).¹⁷
• Mutilation: The penalty is reclusion temporal to reclusion perpetua ranging from an imprisonment of 12 years and 1 day to 40 years.¹⁸
• Serious Physical Injuries [par. 1]: The penalty is prision mayor (6 years and 1 day – 12 years).¹⁹

Less Grave Felonies

These are offenses that are punishable by imprisonment of six (6) months and 1 day to six (6) years,

Examples:

• Theft (when not qualified) [paragraphs 2, 3, 4, 5, and 6]: Dependent on the value of the property stolen, ranging from arresto mayor (31 days to 6 months) to prision correcional (6 months and 1 day to 6 years).²⁰
• Malicious Mischief (Other Mischiefs) [paragraphs 1 and 2 of Article 329 of the Revised Penal Code]: If the value of the damage is more than P40,000.00, the penalty ranges from 31 days to 6 months of arresto mayor.²¹
• Conniving or Consenting to Evasion: the penalty for such violation is prision correcional or imprisonment ranging from 6 months and 1 day to 6 years.²²

Light Felonies

These are offenses that are punishable by imprisonment of not more 30 days or a fine that does not exceed P40,000, or both.

Examples:

• Slight Physical Injuries: The penalty is arresto menor (minimum of 1 day and maximum of 30 days) or a fine not exceeding P5,000.00 or P40,000.00, depending on whether or not there is visible injury.²³
• Theft: If the value is not more than P500.00, the penalty is arresto menor or a fine not exceeding P5,000.00 or P20,000.00.²⁴
• Malicious Mischief: When the value of the damage does not exceed P40,000.00, the penalty is arresto menor or a fine of not less than the value of the damage caused and not more than Forty thousand pesos (P40,000.00).²¹
• Unjust Vexation: The penalty is arresto menor or arresto menor or a fine ranging from One thousand pesos (P1,000) to not more than Forty thousand pesos (P40,000) or both.²⁵
• Other Forms of Trespass: The penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000), or both.²⁶

Relevant Jurisprudence

In Reodica vs. CA,²⁷ the Court used Article 25 and Article 71 to determine the classification of the felony committed. The Court held that:

“As earlier stated, reckless imprudence resulting in slight physical injuries is punishable by public censure only. Article 9, paragraph 3, of the Revised Penal Code defines light felonies as infractions of law carrying the penalty of arresto menor or a fine not exceeding P200.00, or both. Since public censure is classified under Article 25 of the Code as a light penalty, and is considered under the graduated scale provided in Article 71 of the same Code as a penalty lower than arresto menor, it follows that the offense of reckless imprudence resulting in slight physical injuries is a light felony.”²⁸

Further:

“On the other hand, reckless imprudence also resulting in damage to property is, as earlier discussed, penalized with arresto mayor in its minimum and medium periods. Since arresto mayor is a correctional penalty under Article 25 of the Revised Penal Code, the quasi offense in question is a less grave felony — not a light felony as claimed by petitioner.”²⁸

In Paman vs. People,²⁹ the Court modified the penalty imposed to the petitioner as the crime committed is a less grave felony. According to the Supreme Court:

“Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. Correctional penalties include prision correccional, arresto mayor, suspension, and destierro. The MTCC considered the physical injuries suffered by Arambala as serious since he required medical attendance for more than a period of 30 days. Under Article 263(4) of the RPC, the penalty for serious physical injuries, when the injuries inflicted caused incapacity for more than 30 days, is arresto mayor in its maximum period to prision correccional in its minimum period; the maximum period of the foregoing penalty – prision correccional in its minimum period – is merely a correctional penalty and, thus, should be considered a less grave felony.”³⁰

In People vs. Yu Hai,³¹the Supreme Court did not agree to Solicitor General’s contention with regard to period for prescription of the offense charged, punishable under Article 195 of the Revised Penal Code by arresto menor or a fine not exceeding P200.³² Solicitor General contends that as the crime charged may be punished by a maximum fine of P200³² [a correctional penalty under Article 26], the same prescribe, also under Article 90, in ten years.³³ The Court ruled that:

“The Solicitor General argues that as the crime charged may be punished by a maximum fine of P200, which under Article 26 is a correctional penalty, the time for prescription thereof is ten years, pursuant to paragraph 3 of Article 90. This argument is untenable. In the First place, while Article 90 provides that light offense prescribe in two months, it does not define what is meant by “light offenses”, leaving it to Article 9 to fix its meaning. Article 26, on the other hand, has nothing to do with the definition of offenses, but merely classifies fine, when imposed as a principal penalty, whether singly or in the alternative into the categories of afflictive, correctional, and light penalties. As the question at issue is the prescription of the crime and not the prescription of a penalty, Article 9 should prevail over Article 26.”³⁴

Article 26 of the Revised Penal Code, as amended by Republic Act No.10951, provides that

Fine.- When afflictive, correctional, or light penalty.- A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds One million two hundred thousand pesos (P1, 200, 000); a correctional penalty, if it does not exceed One million two hundred thousand pesos (P1, 200, 000) but is not less than Forty thousand pesos (P40, 000); and a light penalty, if be less than Forty thousand pesos (P40, 000).³⁵

Summary

This article discusses the classifications of felonies according to their gravity, as provided in Article 9 of the Revised Penal Code. It highlights that not all felonies are the same in terms of enormity, and knowing their classifications is important for various reasons, such as determining liability, duration of detention, subsidiary imprisonment, and additional penalties.

It also explains that the classification of a felony determines the penalty to be imposed when not all requisites of exemption are present and for quasi-offenses. Thus, Article 9 of the Revised Penal Code provides three classifications of felonies according to severity: Grave Felonies, Less Grave Felonies, and Light Felonies.

Grave Felonies are serious offenses that are punishable by the most severe penalties, such as afflictive³⁶ and capital punishments, these includes life imprisonment [maximum of forty years] or even the death penalty.³⁷ Less Grave Felonies are offenses punishable by imprisonment of 31 days but not exceeding six (6) years.

Light Felonies are offenses punishable by imprisonment of not more 30 days or a fine that does not exceed P40,000.00 or both. It is important to know the classification of felonies. It ascertains the duration of detention, the period of the subsidiary imprisonment, the type of additional penalty for certain accessories, and the penalty to be imposed for quasi-offenses.

Furthermore, the Supreme Court utilized Article 25 and Article 71 to classify the felony committed in Reodica vs. CA. Reckless imprudence resulting in slight physical injuries is a light felony, while reckless imprudence resulting in damage to property is a less grave felony.

In Paman vs. People, the Court modified the penalty imposed as the crime committed is a less grave felony. Additionally, in People vs. Yu Hai, the Court ruled that the argument of the Solicitor General on the prescription of the offense charged is untenable as Article 9 should prevail over Article 26.

Conclusion

Grave felonies have the harshest penalty compared to less grave and light felonies. Murder has a greater penalty than slight physical injury. While the Revised Penal Code provides support for reformation, it also metes out high consequences for grave felonies. Justice is given for both the victim and the perpetrator.

Considering these, we are all blessed that truly, “The State values the dignity of every human person and guarantees full respect for human rights.” Hence, every wrongful and punishable act must meted with appropriate penalty categorized according to its gravity.

1. Article 3 of the Revised Penal Code[↩]
2. Article 16 of the Revised Penal Code[↩]
3. Article 39(2) of the Revised Penal Code[↩]
4. Article 58 of the Revised Penal Code[↩]
5. Article 67 of the Revised Penal Code[↩]
6. Article 365 of the Revised Penal Code[↩]
7. Article 9 of the Revised Penal Code[↩]
8. Id.[↩]
9. Id., as amended by Republic Act No. 10951[↩]
10. Article 248 of the Revised Penal Code[↩]
11. Article 266-A of the Revised Penal Code[↩]
12. Article 114 of the Revised Penal Code, as amended by RA 10951[↩]
13. Article 122 of the Revised Penal Code[↩]
14. Article 267 of the Revised Penal Code, as amended by RA 7659[↩]
15. Article 309 in relation to Article 310 of the Revised Penal Code: “Qualified theft. – The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, x x x x”[↩]
16. Article 309 of the Revised Penal Code, as amended by RA 10951[↩]
17. Article 249 of the Revised Penal Code[↩]
18. Article 262 of the Revised Penal Code[↩]
19. Article 263 of the Revised Penal Code[↩]
20. Article 308 in relation to Article 309 of the Revised Penal Code, as amended by RA 10951[↩]
21. Article 329 of the Revised Penal Code, as amended by RA 10951[↩][↩]
22. Article 223 of the Revised Penal Code[↩]
23. Article 266 of the Revised Penal Code, as amended by RA 10951[↩]
24. Article 308 in relation to 309 of the Revised Penal Code, as amended by RA 10951[↩]
25. Article 287, Paragraph 2 of the Revised Penal Code, as amended by RA 10951[↩]
26. Article 281 of the Revised Penal Code, as amended by RA 10951[↩]
27. G.R. No. 125066, July 8, 1998[↩]
28. Ibid.[↩][↩]
29. G.R. No. 210129, July 5, 2017[↩]
30. Ibid.[↩]
31. G.R. No. L-9598, August 15, 1956[↩]
32. See RA 10951[↩][↩]
33. Supra.[↩]
34. Ibid.[↩]
35. Article 26 of the Revised Penal Code, as amended by RA 10951[↩]
36. Imprisonment ranging from 6 years and 1 day to 20 years[↩]
37. However, Death Penalty is abolished, RA 9346[↩]