Classification of Felonies According to Gravity: Grave, Less Grave, and Light (Article 9, Revised Penal Code)

Under Article 9 of the Revised Penal Code (RPC) of the Philippines, felonies are classified based on the gravity of their punishment. The classification directly impacts procedural matters, such as prescription of penalties and the jurisdiction of courts, as well as substantive issues like the rules on criminal liability and mitigation.

1. Grave Felonies

Definition: Grave felonies are those to which the law attaches capital punishment (e.g., reclusion perpetua, death, or reclusion temporal) or afflictive penalties.

Afflictive Penalties (Article 25, RPC):

Reclusion perpetua (20 years and 1 day to 40 years)
Reclusion temporal (12 years and 1 day to 20 years)
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor (6 years and 1 day to 12 years)
Fine exceeding ₱40,000

Examples of Grave Felonies:

Murder (Article 248)
Rape (Article 266-A)
Kidnapping and serious illegal detention (Article 267)
Robbery with violence or intimidation (Article 294)

Key Implications:

Jurisdiction: Handled by the Regional Trial Court.
Prescription: Offense prescribes in 20 years unless punished by reclusion perpetua or death, which prescribes in 40 years.

2. Less Grave Felonies

Definition: These are felonies punishable by correctional penalties.

Correctional Penalties (Article 25, RPC):

Prision correccional (6 months and 1 day to 6 years)
Arresto mayor (1 month and 1 day to 6 months)
Suspension
Destierro (banishment)
Fine exceeding ₱20,000 but not more than ₱40,000

Examples of Less Grave Felonies:

Slight physical injuries (Article 266)
Malicious mischief (if damage is over ₱40,000 but does not exceed ₱250,000) (Article 327)
Illegal possession of light firearms (RA 10591)

Key Implications:

Jurisdiction: Typically falls under the Municipal Trial Court or Regional Trial Court, depending on the penalty.
Prescription: Offenses prescribe in 10 years.

3. Light Felonies

Definition: Light felonies are those infractions punishable by light penalties.

Light Penalties (Article 25, RPC):

Arresto menor (1 day to 30 days)
Fine not exceeding ₱20,000

Examples of Light Felonies:

Slight alarm and scandal (Article 155)
Trespass to dwelling (slight cases) (Article 280, paragraph 2)
Theft of property not exceeding ₱500 (Article 309, paragraph 3)

Key Implications:

Jurisdiction: Usually falls under the Municipal Trial Court.
Prescription: Offenses prescribe in 2 months.
Exclusion of Criminal Liability:
- Light felonies are not punishable if committed by mere attempt or frustrated stage, except for crimes against persons or property (Article 7, RPC).

Comparative Table of Felonies by Gravity

Classification	Punishment	Examples	Jurisdiction	Prescription
Grave	Afflictive penalties	Murder, Rape, Kidnapping	Regional Trial Court	20-40 years
Less Grave	Correctional penalties	Malicious Mischief, Slight Physical Injuries	RTC/Municipal Court (penalty-based)	10 years
Light	Light penalties	Alarm and Scandal, Minor Theft	Municipal Trial Court	2 months

Important Considerations

Punishment as Basis:
- The classification depends solely on the penalty prescribed by law, not the actual penalty imposed by the court.
Mitigating and Aggravating Circumstances:
- These do not change the classification but may adjust the range of penalties imposed within the classification.
Stages of Execution:
- Light felonies are not punishable in attempted or frustrated stages, except against persons or property.
Impact on Procedural Aspects:
- Arrest: Arrest without a warrant is generally permitted for grave and less grave felonies if committed in flagrante delicto.
- Prescription Period: The duration within which a criminal case must be filed varies significantly based on the classification.
Judicial Discretion:
- While penalties determine classification, courts assess the circumstances surrounding each felony for proper sentencing.

This comprehensive outline ensures a thorough understanding of the classification of felonies by gravity under the Revised Penal Code.