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CLASSES OF FELONIES

Felonies are classified according to the degree of the acts of execution which produces the felony into consummated, frustrated and attempted felonies.
Consummated

when all the elements necessary for its execution and accomplishment are present.

Frustrated

when the offender performs all the acts or execution which will produce the felony as consequence but nevertheless, do not produce it by the reason of causes independent of the will of the perpetrator.

Attempted

felony when the offender commences the commission of the same directly by overt (open or manifest) acts, and does not perform all the acts or execution which shall produce the felony by reason of some cause or accident other than his own spontaneous desistance, consummated felonies as well as those which are frustrated and attempted are punishable.

Classification of Felonies according to the Degree of Punishment


Felonies are classified according to the degree of punishment attached to the felony whether grave, less grave or light grave. Grave Felonies
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Those to which the law attaches the capital punishment (death) or penalties which is any of their periods are afflictive (imprisonment ranging from 6 years and 1 day to life imprisonment or a fine not exceeding P6, 000.00).

Less Grave Felonies Are those which the punishes with penalties which in their maximum period are correctional (imprisonment ranging from one month and one day to six years or a fine not exceeding P6, 000.00 but not less than P200.00). Light Felonies Are punishable only when they have been consummated, with the exception of those committed against a person or property.

Felonies according to Degree of Punishment


Grave offense, 1st offense - punishable of dismissal Dishonesty Gross neglect of duty Grave misconduct Notoriously undesirable Conviction of a crime involving moral turpitude Falsification of documents Physical and mental incapacity due to vicious habits Receiving for personal use of a fee and gift Soliciting or accepting directly or indirectly any gift, favor etc. Nepotism

Grave offense, 1st offense punishable with suspension without pay for six months and 1 day to 1 yr; 2nd offense punishable with dismissal Oppression Disgraceful/immoral conduct Incompetent/inefficient Habitual absenteeism exceeds 2.5 days monthly allowable leave for at least in 3 months in a semester or at least 3 consecutive months in a year Habitual tardiness regardless of the number of minutes, 10 times a month for at least 2 months in a semester or at least 2 consecutive months in a yr. Refusal to perform duty Gross insubordination Engaging in the private practice of his profession unless authorized by law Disclosing confidential information

Less grave offense, 1st offense punishable with suspension without pay for 1 month and 1 day to 6 months; 2nd offense, punishable with dismissal Simple neglect of duty Simple misconduct Gross discourtesy in the course of official duties Gross violation of civil service law Insubordination Discrimination

Light offense, 1st offense punishable with reprimand; 2nd offense punishable with suspension without pay for 1 day to 30 days; 3rd offense punishable with dismissal Discourtesy Unauthorized solicitation from subordinates Violation of office rules Refusal to render overtime Borrowing money from subordinates Lending money at usurious rates of interest Failure to process documents and complete action in documents

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