3. Gravity

Criminal Liabilities and Felonies

Gravity of Felonies: Grave, Less Grave, and Light – Article 9, as amended by R.A. No. 10951

CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY

Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

Art. 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 the 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

GRAVE FELONIES

Punishable by reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification and prision mayor.

LESS GRAVE FELONIES

Punishable by prision correccional, arresto mayor, suspension and destierro.

Factors that determine gravity of the offense:

• expressions used;
• personal relations of the accused and the offended party;
• circumstances surrounding the case; and
• social standing and position of the victim

Notes:

• Presumption
• In the absence of proof as to the period of the offended party’s incapacity for labor or of the required medical attendance, the crime committed is presumed as slight physical injuries.
• When there is no evidence to establish the gravity or duration of actual injury or to show the causal relationship to death, the offense is slight physical injuries.
• Supervening Event
• When the charge contained in the information filed was for slight physical injuries because it was believed that the wound suffered would require medical attendance for eight (8) days only, but during preliminary investigation it was found that the healing would require more than thirty (30) days, this supervening event can still be the subject of amendment of the information or of a new charge, without placing the accused in double jeopardy .(People v. Manolong, 85 Phil. 829)

Notes:

• Testimony by negative statement may still be in favor of the defendant.
• False testimony in favor of defendant need not directly influence the decision of acquittal nor benefit the defendant. The intent to favor the defendant is sufficient.
• A statement of mere opinion is not punishable.
• Conviction or acquittal is not necessary (final judgment is not necessary), but gravity of crime in principal case should be shown.
• The defendant who himself falsely testifies in his own behalf by falsely imputing to some other person the commission of a grave offense in criminal case, is guilty of false testimony favorable to the defendant.
• Rectification made spontaneouslyafter realizing mistake is not false testimony.

Art. 182. False Testimony in Civil Cases

Any person found guilty of false testimony in a civil case

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Courts must consider the following to determine the gravity of the offense in vindication:

• Social standing of the person;
• Place; and
• Time when the insult was made.