Art.

48 PROBLEM: A shot B inflicting slight physical injuries only, recall that SPI is punishable by arresto
mayor. The same slight that hit B hit C, killing C. Did A commit a complex crime? What will be the
criminal liability of A?
ANSWER: It appearing that A had the intent to kill B, then there is a complex crime of attempted
homicide (less grave felony) and resulting in the homicide of another (grave felony punishable by
reclusion temporal). This is the first COMPOUND CRIME. Master the rules in Art. 48.
Shiela Hernandez
Maya Julieta Catacutan-Estabillo

PROBLEM: X entered a church and began firing his .45 caliber pistol at the crowd inside the church.
Two persons were killed and another was seriously wounded. Person A = 3 bullet wounds Person B = 2
bullet wounds Person C = 1 bullet wound How many crimes were committed by X? ANSWER: People v.
Basarain (May 24, 1955). X committed THREE crimes. Since the three victims were not hit by one and
the same bullet. The crimes were NOT produced by a single act. Each time the offender squeezed the
trigger is a single act.
Maya Julieta Catacutan-Estabillo

PROBLEM: X a policeman maliciously applied for a search warrant. In support of his application he
asked Y to falsify statements and documents. Take note that Art. 129 punishes the malicious application
for a search warrant, and falsifying a document is punishable by Art. 171 (public officer) or Art. 172
(private person). Do we have a complex crime here? ANSWER: You are not to apply the rules in Art. 48
because there is an express prohibition by the text of Art. 129.
Maya Julieta Catacutan-Estabillo

PROBLEM: X is a convict serving sentence in jail. He asked his best friend to take his place in jail and A
managed to switch places, and during the role call during the following day where the name of X was
called, A answered for X. What are the punishable acts involved here? Art. 156, Delivering prisoners
from jail. How about the name of representing himself as X during the role call, what article would that
be? Art. 178, publicly use fictitious name to evade judgment. DO you apply Art. 48 here? Under the text
of Art. 156 there is reference as to the means employed in delivering prisoner from jail: force,
intimidation, bribery, and other means. Would you apply Art. 48? ANSWER: There is no exclusion of the
application provided by Art. 156, so the use of the fictitious name is ABSORBED as a means to
accomplish the purpose. So Art. 48 can be applied. TWEAK: what if the offender did not use violence or
force, what if the offender used BRIBERY? Would you still apply rule 48? or will bribery be absorbed as
the means employed? Look at Art. 210 on bribery. Take note of the last phrase "shall suffer the penalty
IN ADDITION TO THE PENALTY CORRESPONDING TO THE CRIME AGREED UPON." Here the
crime agreed upon is delivering prisoner from jail. SO YOU DON'T APPLY ART. 48 because of the
express provision of Art. 210.
Maya Julieta Catacutan-Estabillo

WHEN ART. 48 CANNOT BE APPLIED: 1. Where the crime subject of the case is covered by the
doctrine of COMMON ELEMENTS exceptions such as parricide w/ murder 2. When the crime subject of
the case is covered by the doctrine of ABSORPTION of one crime by the other. Ex. murder absorbed by
rebellion, illegal detention by abduction 3. Special complex crimes covered by the RPC such as Art. 266B, the penalties for Rape, ART. 267 kidnapping and serious illegal detention, Art 294 robbery with
violence or intimidation of persons, Art. 297 attempted theft frustrated robbery and homicide is
committed, Art. 320 destructive arson where death results 4. Where the crimes involved cannot be
legally complexed because the provisions thereon provide that the penalty for such shall be imposed in
addition to those imposed on the other felonies committed. Art. 129 maliciously obtaining search
warrant, Art. 210 bribery, Art. 235 maltreatment of prisoners, Art. 312 usurpation of rights with physical
injuries, Art. 275 abandonment of persons, Art. 275-278 We will continue Art. 48, this time we go to the
rule involving robbery.