Criminal Law › The Revised Penal Code – Book One › Penalties

1. Classification

LIGHT FELONIES

Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 40,000 pesos or both, is provided.

Arbitrary Detention and Unlawful Arrest, Distinguished

ARBITRARY DETENTION UNLAWFUL ARREST
AS TO THE CLASSIFICATION
Crime against the fundamental law of the State Crime against liberty
AS TO OFFENDER
Public officer Any person
AS TO PURPOSE OF OFFENDER
No intention to bring the offended to a proper authority but merely to detain him Purpose of arrest is to bring the offended to proper authorities and file a charge against him
AS TO THE MANNER OF COMMISSION
Although authorized, detains a person without legal ground Private person: arrests a person without reasonable ground therefor, and the purpose is to deliver the person arrested to the proper authorities.Public officer: not authorized to arrest and detain a person but does so, or he did not act in his official capacity

Robbery in a store:

  • Art. 299 – if the store is used as a dwelling; or if the store is a dependency of an inhabited house with an interior entrance connected therewith;
  • Art. 302 – if the store is not used as a dwelling;

Superior Strength vs. Committed By a Band

BY A BAND (PAR. 6) SUPERIOR STRENGTH (PAR. 15)
Committed by more than 3 armed malefactors regardless of the comparative strength of the victim/victims. Taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims.

Taking advantage of superior strength means deliberately using a marked superiority in force to overpower the victim. Employing means that materially weaken the resisting power of the offended party is a distinct aggravating circumstance under the same paragraph (Revised Penal Code, Art. 14(15)).