LIST OF COMPLEX CRIMES AND SPECIAL COMPLEX

CRIMES UNDER THE REVISED PENAL CODE AND

SPECIAL PENAL LAWS*
COMPLEX CRIMES
When an offense is a necessary means for committing the other, the penalty for the most
serious crimes shall be imposed, the same to be applied in its maximum period (Article 48,
Revised Penal Code).

Note the requisites for there to be a complex crime: (1) crimes were committed as a
necessary means for committing the other, (2) the crimes resulted from different acts
committed under a single criminal resolution, and (3) crimes committed were punishable by
the Revised Penal Code.

Here are some examples of complex crimes proper:

1. Forcible abduction with rape

How committed
The two elements of forcible abduction, as defined in Article 342 of the Revised Penal
Code, are: (1) the taking of a woman against her will and (2) with lewd designs. The
crime of forcible abduction with rape is a complex crime that occurs when there is
carnal knowledge with the abducted woman under the following circumstances: (1) by
using force or intimidation; (2) when the woman is deprived of reason or otherwise
unconscious; and (3) when the woman is under twelve years of age or is demented
(People v. Garcia, G.R. No. 141125, February 28, 2002).

Presence of subsequent acts of rape

The crime of forcible abduction is only necessary for the first rape. Thus, the
subsequent acts of rape [committed by his co-accused] can no longer be considered
as separate complex crimes of forcible abduction with rape. They should be detached
from and considered independently of the forcible abduction. Therefore, accused-
appellant should be convicted of one complex crime of forcible abduction with rape
and three separate acts of rape (id.).

Stage of execution
The rape must be consummated for the crime of forcible abduction with rape. There
is no complex crime of forcible abduction with attempted rape or forcible abduction
with acts of lasciviousness because the latter is a manifestation of lewd designs
which is an element of forcible abduction. The crime will simply be forcible abduction
(Boado, p.932).

Forcible abduction absorbed in the crime of rape

Rape is committed if the main objective of the appellant is to rape the victim; forcible
abduction is absorbed in the crime of rape (People v. Godines, G.R. No. 93410, May
7, 1991; People v. El Akhtar, 130640, June 21, 1999).

Here are possible crimes that can be committed with the forcible taking of a woman:

(1) Forcible abduction if the taking is at its inception with lewd designs; forcible
abduction with rape (complex crime proper) if she was raped thereafter.

(2) Kidnapping if the purpose is to deprive the victim of her liberty; kidnapping with
rape (special complex crime) if the woman was raped thereafter.

(3) Rape only and the taking is absorbed if the taking is a means to carry out the
intent to rape.

*Prepared by Jose Angelo A. David and Jansen F. Bernardo, 2013 San Beda Centralized Bar
Operations – Special Notes for the 2013 Bar Examinations
Adviser: Justice Mario V. Lopez
 2. Estafa through falsification of documents

a. If public, commercial or official documents

Damage or intent to cause damage is not an element of falsification of
commercial, public or official documents. As such, the concept of complex crime
proper is applicable herein.

(1) Estafa through falsification of public, commercial or official documents – if the

falsification of a public, commercial or official document is committed as a means
to commit estafa.

(2) Estafa and falsification of public, commercial or official documents – two

crimes are committed if falsification of public, commercial or official documents is
not a necessary means to commit estafa but the former is used to conceal the
latter.

b. If private documents
There is no complex crime of estafa through falsification of private document
(Batulanon v. People, G.R. No. 139857, September 15, 2006). This is true even if
the falsification is committed as a necessary means to commit estafa. Because of
the common element of damage, the concept of complex crime under Article 48
is not applicable (Campanilla, p.928).

(1) Falsification of a private document – if the falsification of a private document is

committed as a means to commit estafa, the proper crime to be charged is
falsification.

(2) Estafa – if the estafa can be committed without the necessity of falsifying a
document, the proper crime is estafa (People v. Batulanon, id.). Hence, if the
falsification of a private document was used as a means to conceal the estafa,
estafa is the proper crime to be charged (Campanilla, p.929).

CRIMES WHICH IMPOSE OR ALLOW ADDITIONAL LIABILITIES TO BE IMPOSED

Where the law prescribes two penalties for two crimes committed, one of which is in addition
to the other, Article 48, which requires the imposition of a single penalty, will not apply
(Campanilla, p.946). This is true even if the other crime was used as a necessary means of
committing the other.

Here are some examples of crimes which impose additional penalties or allow additional
liabilities to be imposed:

1. Article 129 – Search warrants maliciously obtained, and abuse in the exercise
of those legally obtained
The penalty for violating Article 129 shall be in addition to the liability attaching to the
offender for the commission of any other offense.

The law imposes additional liability for the other crime resorted to by the public officer
in obtaining the search warrant without probable cause (Boado, p. 396).

Illustration:
X, a police officer, applied for a search warrant for the house of Y. In his deposition by
the judge made under oath, he stated that he saw Y bringing in sacks of marijuana to
his (Y’s) house when in fact he did not have personal knowledge as to this fact. The
application was granted and a search warrant was issued.

Here, there are two crimes committed – (1) search warrants maliciously obtained, and
(2) perjury.
 Although perjury was used as a necessary means to maliciously obtain the search
warrant, these crimes will not be complexed under Article 48.

Instead, Article 128 provides that the offender shall suffer the penalty for violating
Article 129 in addition to the liability attaching to the offender for the commission of
any other offense.

2. Article 210 – Direct bribery

The penalty for direct bribery (of the first type) shall be in addition to the penalty
corresponding to the crime agreed upon, if the same shall have been committed.

When the act constitutes a crime and the same was accomplished, the penalty shall
be for the bribery and for the crime committed (Boado, p. 554).

Note here that there are two crimes committed – (1) bribery, and (2) the crime agreed
upon, if committed.

3. Article 235 – Maltreatment of prisoners

The penalty for maltreatment of prisoners shall be in addition to his liability for the
physical injuries or damage caused.

When a prisoner is maltreated, the crimes are for maltreatment under Article 235 and
for the physical injuries suffered. The two crimes are not to be complexed (Boado, p.
614).

Note here that there are two crimes committed – (1) maltreatment of prisoners, and
(2) physical injuries.

4. Article 275 to Article 278 in relation to Article 279 – Abandonment of helpless

persons and exploitation of minors
The imposition of the penalties prescribed in Articles 275 to 287 shall not prevent the
imposition upon the same person of the penalty provided for any other felonies
defined and punished by the Revised Penal Code.

5. Article 312 – Occupation of real property or usurpation of real rights in property

The penalty for violating Article 312 shall be in addition to the penalty incurred for the
acts of violence executed by him.

The following discussion in People v. Hon. Alfeche, G.R. No. 102070, July 23, 1992,
is enlightening:

“Article 312 may also be considered as defining and penalizing the single, special and
indivisible crime of occupation of real property or usurpation of real rights in property
by means of violence against or intimidation of persons. It is likewise not a complex
crime as defined under Article 48. However, while Article 294 (robbery) provides a
single penalty for each class of crime therein defined, Article 312 provides a single,
albeit two-tiered, penalty consisting of a principal penalty, which is that incurred for
the acts of violence, and an additional penalty of fine based on the value of the gain
obtained by the accused. This is clear from the clause "in addition to the penalty
incurred for the acts of violence executed by him." For want of a better term, the
additional penalty may be designated as an incremental penalty.

What Article 312 means then is that when the occupation of real property is
committed by means of violence against or intimidation of persons, the accused may
be prosecuted under an information for the violation thereof, and not for a separate
crime involving violence or intimidation. But, whenever, appropriate, he may be
sentenced to suffer the penalty for the acts of violence and to pay a fine based on the
value of the gain obtained.”
 Illustration:
Y owns a house and lot. In order to obtain possession thereof, X shot Y who was
sitting on his porch, leading to the latter’s death. X thereafter took possession of the
house and lot of Y.

Here, there is only one crime committed – occupation of real property.

However, he shall be sentenced to suffer two penalties: (1) for the homicide
committed, and (2) to pay a fine based on the value of the gain obtained by him,
which shall be an amount equivalent to 50 to 100 per centum of such gain, but in no
case less than seventy-five (P75.000) pesos, provided, however, that if such value
cannot be ascertained, the fine shall be from 200 to 500 (P200.00 to P500.00) pesos.

6. Article 330 – Damage and obstruction to means of communication

If the damage shall result in any derailment of cars, collision or other accident, the
penalty of prision mayor shall be imposed, without prejudice to the criminal liability of
the offender for the other consequences of his criminal act.

7. Anti-Graft and Corrupt Practices Act, Violation of R.A. 3019 (Section 3)

The penalty for committing any of the acts in RA 3019 shall be in addition to acts or
omissions of public officers already penalized by existing law.

One may therefore be charged with violation of RA 3019 in addition to a felony under
the Revised Penal Code for the same delictual act, that is, either concurrently or
subsequent to being charged with a felony under the Revised Penal Code. There is
no double jeopardy if a person is charged simultaneously or successively for violation
of Section 3 of RA 3019 and the Revised Penal Code (Merencillo v. People, G.R.
Nos. 142369-70, April 13, 2007).

Hence, a person committing bribery (of the first kind) may be charged with (1) bribery,
(2) the crime agreed upon, if committed, and (3) violation of RA 3019.

Besides, Article 48 (on complex crime proper) will not apply because under Article 48,
the crimes committed must both be punishable under the Revised Penal Code.

8. Anti-Bouncing Checks Law, Violation of B.P. 22 (Section5)

Prosecution under this Act shall be without prejudice to any liability for violation of any
provision of the Revised Penal Code.

Thus, prosecution for estafa does not preclude that for B.P. 22 (Boado, p. 870).

Besides, Article 48 (on complex crime proper) will not apply because under Article 48,
the crimes committed must both be punishable under the Revised Penal Code.

9. Illegal Recruitment, Violation of R.A. 8042

An estafa case does not bar a prosecution for illegal recruitment, since they are
entirely different offenses and neither one necessarily includes or is necessarily
included in the other. A person who is convicted of illegal recruitment may, in
addition be convicted of estafa under Article 315 2(a) of the Revised Penal Code.
There is no problem of jeopardy because illegal recruitment is malum prohibitum, in
which the criminal intent is not necessary, whereas estafa is malum in se in which the
criminal intent of the accused is necessary. The claim of double jeopardy, therefore,
is patently without merit (People v. Billaber, G.R. Nos. 114967-68, January 26,
2004).

Besides, Article 48 (on complex crime proper) will not apply because under Article 48,
the crimes committed must both be punishable under the Revised Penal Code.
SPECIAL COMPLEX CRIMES
Special complex crimes or composite crimes are those composed of two or more crimes
for which the law fixes a specific penalty.

As distinguished from a complex crime under Article 48, the law prescribes as many penalties
as there are component crimes, but the court can only impose the penalty for the most
serious crime applied in its maximum period (Campanilla, p.903).

Below are examples of special complex crimes:

1. Qualified Rape, Article 266-B of the Revised Penal Code

Note that some authors opine that the proper crime to be charged is “qualified rape”,
while some opine that it should be “attempted rape with homicide” or “rape with
homicide”, as the case may be.

a. When the rape (conventional rape) is attempted and a homicide is committed by

reason or on occasion of the rape, the penalty shall be reclusion perpetua to
death.
b. When by reason or on occasion of the rape (conventional rape), homicide is
committed, the penalty shall be death.
c. Whenever the rape (sexual assault) is attempted and a homicide is committed by
reason or on occasion of the rape, the penalty shall be reclusion temporal to
reclusion perpetua.
d. When by reason or on occasion of the rape (sexual assault), homicide is
committed, the penalty shall be reclusion perpetua.

NOTE: There are ten other qualifying circumstances under the same Article 266-B.
They have not been specified here because they do not constitute crimes in
themselves (for purposes of calling them “special complex crimes”) but are either
circumstances of the offender or the offended party, e.g. when the victim is a child
below seven years old, when the victim is under the custody of the police or military
authorities, etc. The penalty therefor is either death penalty (if conventional rape) or
reclusion temporal (if sexual assault).

2. Robbery with violence or intimidation against persons (Article 294 of the

Revised Penal Code)

a. Robbery with homicide

Penalty
The penalty of reclusion perpetua to death shall be imposed, when by reason or
on occasion of the robbery, the crime of homicide shall have been committed.

How committed
It is not necessary to show that the sole purpose was robbery and by reason
thereof, homicide was committed. The law provides that there is robbery with
homicide not only when “by reason” of the robbery, homicide is committed but
also when “on the occasion” thereof homicide is committed (People v. Alberca,
G.R. No. 117106, June 26, 1996).

NOTE, however, that robbery must still be the main purpose and objective of the
criminals and that the killing was merely incidental resulting merely by reason or
on occasion of the robbery (People v. Alberca, G.R. No. 117106, June 26, 1996).
Therefore, the homicide may be before or after the robbery, provided, the robbery
is not a mere afterthought (People v. Pacapac, G.R. No. 90623, September 7,
1995).

Stage of Execution
Both robbery and homicide must be consummated.
 If robbery is merely attempted or frustrated, but the homicide is consummated,
the crime committed is attempted or frustrated robbery with homicide under
Article 297.

If robbery is merely attempted or frustrated, and the homicide is likewise only

attempted or frustrated, there are two separate crimes as the case may be.

b. Robbery with rape, intentional mutilation, or physical injuries penalized in

subdivision 1 of Article 263

Penalty
The penalty of reclusion temporal in its medium period to reclusion perpetua
when the robbery shall have been accompanied by rape or intentional mutilation,
or if by reason or on occasion of such robbery, any of the physical injuries
penalized in subdivision 1 of Article 263 shall have been inflicted

How committed
If the intention of the accused was to rob but rape was also committed even
before the asportation the crime is robbery with rape. But if the original plan was
to rape but the accused after committing the rape also committed robbery when
the opportunity presented itself, the offenses should be viewed as separate and
distinct. To be liable for the special complex crime of robbery with rape the intent
(note: intent, not act) to take personal property of another must precede the rape
(People v. Faigano, G.R. No. 113483, February 22, 1996).

If rape is committed, and the victim is killed, and the place was robbed (with force
upon things), the crimes are (1) rape with homicide, and (2) robbery.

If they raped, then killed the victim and took properties from her possession (or
without force upon things), the crimes are (1) rape with homicide, and (2) theft
because the dead can no longer be intimidated.

If the victim was robbed, then raped and then killed, robbery with homicide is
committed; rape is absorbed.

If the victim was raped, then robbed, and then killed, robbery with homicide is
likewise committed, because she was still alive when the robbery was committed
and homicide takes precedence over rape in the order of priority under Article
294 (Boado, p. 804).

Rules as to the physical injuries

The physical injuries must be serious and must fall under subdivision 1 of Article
263.

As to this kind of physical injuries, it must be committed by reason or on occasion

of the robbery.

The victim of physical injuries here need not be the victim of the robbery because
the law does not distinguish i.e. by reason or on occasion of the robbery.

c. Robbery with arson

Penalty
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed when the robbery shall have been accompanied by arson.

How committed
In order to have robbery with arson, there must be violence or intimidation
against persons first and thereafter, the premises were burned, and there is no
 killing, rape or intentional mutilation. Take note of the sequence of priority of
violence under Article 294 (Boado, p. 805).

d. Robbery with physical injuries penalized in subdivision 2 of Article 263

Penalty
The penalty of reclusion temporal, when by reason or on occasion of the robbery,
any of the physical injuries penalized in subdivision 2 of the article mentioned in
the next preceding paragraph, shall have been inflicted.

Rules as to the physical injuries

The physical injuries must be serious and must fall under subdivision 2 of Article
263.

As to this kind of physical injuries, it must be committed by reason or on occasion

of the robbery.

To be held liable, the victim of physical injuries here need not be the victim of the
robbery because the law does not distinguish i.e. by reason or on occasion of the
robbery.

e. Robbery committed with unnecessary violence or with physical injuries

penalized in subdivision 3 and 4 of Article 263

Penalty
The penalty of prision mayor in its maximum period to reclusion temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when the course of its execution, the offender shall
have inflicted upon any person not responsible for its commission any of the
physical injuries covered by sub-divisions 3 and 4 of said Article 23.

Rules as to the physical injuries

The physical injuries must be serious and must fall under subdivision 3 or 4 of
Article 263.

As to this kind of physical injuries, it must be committed when robbery was not yet
consummated i.e. when in the execution of the robbery. If inflicted after the
robbery was consummated, there are two separate crimes – simple robbery
under Article 294, par. 5, and for the serious physical injuries (Boado, p. 806).

To be held liable, the victim of physical injuries must not be the persons
responsible for the crime. Therefore, if the persons injured are the robbers
themselves, there is no robbery with physical injuries (id.).

3. Attempted and frustrated robbery committed under certain circumstances

(Article 297 of the Revised Penal Code)
When by reason or on occasion of an attempted or frustrated robbery a homicide is
committed, the person guilty of such offenses shall be punished by reclusion temporal
in its maximum period to reclusion perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this Code.

To be held liable under this Article, the killer must be one of the robbers (note the
phrase “the person guilty of such offenses”), unlike in Article 294 (People v. Manalili,
G.R. No. 121671, August 1998). Note that in Article 294, the killer may not be one of
the robbers as long as the homicide was committed “by reason or on occasion of” the
robbery. However, similar to Article 294, the victim may be anyone, e.g. the victim of
the robbery or the robbers themselves (Boado, pp.810-811).
4. Carnapping, Violation of R.A. 6539, as amended by R.A. 7659
Under Section 14 of R.A. 6539, as amended by R.A. 7659, the penalty of reclusion
perpetua tp death shall be imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of the commission of the
carnapping or on the occasion thereof.

5. Qualified Piracy, P.D. 532

Under Section 3, if physical injuries or other crimes are committed as a result of or on
the occasion of piracy, the penalty of reclusion perpetua shall be imposed.

If rape, murder or homicide is committed as a result or on the occasion of piracy, the

mandatory penalty of death shall be imposed.

Note that there are other qualifying circumstances, i.e. when the offenders
abandoned the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel. In which case, the mandatory
penalty of death shall also be imposed.

6. Qualified Highway Robbery, P.D. 532

Under Section 3, if physical injuries or other crimes are committed as a result of or on
the occasion of robbery or brigandage, the penalty of reclusion temporal in its
medium and maximum shall be imposed.

If kidnapping for ransom or extortion, or murder or homicide or rape is committed as a

result or on the occasion of piracy, the penalty of death shall be imposed.

7. Kidnapping (Article 267 of the Revised Penal Code, as amended by R.A. 7659)
The last paragraph of Article 267 provides that when the victim is killed or dies as a
consequence of the detention or is raped, or is subjected to torture or dehumanizing
acts, the maximum penalty of death shall be imposed.

Where the person kidnapped is killed in the course of the detention, regardless of
whether the killing was purposely sought or was merely an afterthought – the
kidnapping and murder or homicide can no longer be complexed under Art. 48, nor
be treated as a separate crimes, but shall be punished as a special complex criime
under the last paragraph of Article 267.

However, where the taking of the victim was incidental to the basic purpose to kill, the
crime is only murder, and this is true even if before the killing but for purposes
thereof, the victim was taken from one place to another or even if there was a
demand for ransom, such demand for ransom did not convert the crime into
kidnapping (People v. Marajas, April 1993).

a. Kidnapping with homicide

The crime is denominated kidnapping with homicide. Homicide is used in its
generic sense and includes murder because killing is not a crime but a qualifying
circumstance.

Regardless of the number of persons killed (who must be kidnap victims), there is
only one crime of kidnapping with homicide.

If other persons were killed, the killing is a separate crime (Boado, p.725).

b. Kidnapping with rape

c. Kidnapping with physical injuries

“Tortured or subjected to dehumanizing acts” results in kidnapping with physical
injuries even if the physical injury inflicted is only slight (Boado, p.724).
 8. Cattle Rustling, P.D. No. 533
Under P.D. No. 533, if a person is seriously injured or killed as a result or on the
occasion of the commission of cattle rustling, the penalty of reclusion perpetua to
death shall be imposed.

9. Illegal Fishing, P.D. No. 534

Under P.D. No. 534, the penalty of imprisonment from 20 years to life, or death if
explosives or obnoxious or poisonous substances are used in fishing or use of such
substances results in the loss of human life.

Composite
Complex Compound Continued Crimes
Crimes or Continuing Crimes
Crime or Crime or or Continuous
Special or Transitory
Delito Delito Crime or Delito
Complex Crimes
Complejo Compuesto Continuado
Crimes
CONCEPT
When an When a single These are The offender is Where any of the
offense is a act crimes which impelled by a single elements of the
necessary constitutes, in the eyes of criminal impulse but offense was
means for (a) two or the law are committed a series committed in
committing more grave treated as of overt acts at different localities
the other. felonies, (b) single about the same such that the
two or more indivisible time in about the accused may be
less grave offenses same place and all indicted in any of
felonies, (c) although in the overt acts those localities.
one or more reality are violate one and the It may also refer to
grave and one made up of same provision of any offense which is
or more less more than one law. continuing in time,
grave crime. Characterized by e.g., rebellion which
felonies. the “foreknowledge may have been
rule” wherein the started years ago by
perpetrator must the offender and
have an idea of the continuing up to the
outcome of his acts. present.
PENALTY
The penalty is not specific but The penalty is Single penalty for The theory is for the
is for the most serious crime. specified in the crime fixing of venue, not
the RPC. committed for fixing the penalty.
regardless of the
plurality of the acts.