Professional Documents
Culture Documents
Unintentional Abortion
10. Disturbance of proceeding
SIDENOTE: 11. Forcible Abduction
Pro Reo Doctrine 12. Interruption of religious worship
Whenever a penal law is to be construed or 13. Giving assistance to suicide
applied and the law admits of two 14. Falsification of Legislative
interpretations documents
–one lenient to the offender and one strict to 15. Flight to enemy’s country
the offender 16. Direct Assault
–that interpretation which is lenient or 17. Serious Physical Injuries
favorable to the offender will be adopted
Light Felonies – are those infractions of law
Grave Felonies – are those in which the law in which the penalty is arresto menor or a fine
attaches a capital punishment or a penalty not exceeding 200 pesos or both
which is afflictive in any of its periods 1. Vagrancy
1. Rape 2. Light threats
2. Treason 3. Light coercions
3. Infanticide 4. Betting in sports contest
4. Parricide 5. Illegal cockfighting
5. Murder 6. Alteration of Boundary Marks
6. Homicide 7. Prostitution
7. Mutilation 8. Alarms and scandals
8. Destructive Arson 9. Gambling
9. Qualified Bribery 10. Malicious mischief (if such value
10. Intentional Abortion does not exceed 200 pesos)
11. Qualified Piracy 11. Intriguing against honor
12. Robbery with homicide 12. Using false certificates
13. Kidnapping and serious illegal 13. Slight physical injury
detention 14. Slander by deed (if it is not serious in
14. Kidnapping and failure to return nature)
minor 15. Theft (the value of thing stolen is not
15. Counterfeiting the great seal of the over 5 pesos, and the offender acted
Government of the Philippine Island under the impulse of hunger, poverty)
13. Art. 48 is intended to favor the culprit. 15. When the penalty for one of the
crimes resulting from a single act is
Reason: when two or more crimes beyond the jurisdiction of the
are the result of a single act, the municipal court, there should be
offender is deemed less perverse than additional penalty for the other.
when he commits said crimes through
separate and distinct acts. (People vs. **Note: if there is only damage to
Hernandez, 99 Phil. 515, 542-543) property, the amount fixed therein
shall be imposed, but if there are
**Note: If a person fired a shot and also physical injuries, there
killed two persons with the same shot, should be an additional penalty
were it not for Art. 48, he would be for the latter. (Angeles vs. Jose,
sentenced to reclusion temporal for 96 Phil. 151, 152)
each homicide. But under Art. 48, he
shall be sentenced to the maximum 16. When two felonies constituting a
period of one reclusion temporal complex crime are punishable by
only. Reclusion temporal has a imprisonment and fine, respectively,
duration of 12 years and 1 day to 20 only the penalty of imprisonment
years. should be imposed.
17. Art. 48 applies only to cases where
14. The penalty for complex crime is the the Code does not provide a definite
penalty for the most serious crime, the specific penalty for a complex crime.
same to be applied in its maximum 18. One information should be filed when
period. a complex crime is committed.