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COMPLEX CRIMES 9.

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)

Less Grave Felonies – are those in which the Important Notes:


penalties in their maximum period are  constitute only one crime in the eyes
correctional of the law as well as in the conscience
1. Sedition of the offender
2. Slavery  singularity of criminal impulse
3. Arbitrary detention  2 Kinds of Complex Crimes
4. Violation of Domicile 1. Compound crime (delito
5. Direct Bribery compuesto)
6. Disloyalty of public officers or 2. Complex crime proper (delito
employees complejo)
7. Espionage
8. Grave Scandal
COMPOUND CRIME **Note: (As cited by the SC in People vs
Pama)
Requisites: 1. People vs Pama: best exemplified by
1. That only a single act is performed by the first of the two cases is where one
the offender. shot from a gun results in the death of
2. That the single act produces (1) two two or more persons. Jurisprudence
or more grave felonies, or (2) one or teaches that, in this factual setting, the
more grave and one or more less complex crime defined in the first
grave felonies, or (3) two or more less part of Article 48 finds application.
grave felonies. 2. People vs. Balotol: A similar rule
obtains where one stabbed another
**Note: Light felonies produced by and the weapon pierced the latter's
the same act should be treated and body through and wounded another.
punished as separate offenses or may The first died instantaneously; the
be absorbed by the grave felony. second, seven days later. This Court
1. Several light felonies convicted the assailant of double
resulting from one single murder.
act — not complex 3. People vs Largo: So where a person
2. When the crime is plants a bomb in an airplane and the
committed by force or bomb explodes, with the result that a
violence, slight physical number of persons are killed, that
injuries are absorbed. single act again produces a complex
crime.
**Note: But when the acts are wholly 4. People vs Pardo: when various
different, not only in themselves, but also victims expire from separate shots,
because they are directed against two such acts constitute separate and
different persons, as when one fires his distinct crimes
revolver twice in succession, killing one 5. When in obedience to an order
person and wounding another (U.S. vs. several accused simultaneously shot
Ferrer, 1 Phil. 56), or when two persons are many persons, without evidence how
killed one after the other, by different acts, many each killed, there is only a
although these two killings were the result of single offense, there being a single
a single criminal impulse (People vs. criminal impulse.
Alfindo, 47 Phil. 1), the different acts must be (the ruling in the Lawas case applies
considered as distinct crimes. only when there is no evidence at all
to show the number of persons killed
Examples: by each of several defendants)
1. The single act of Pama in firing a 6. 'when, for the attainment of a single
shot, the same bullet causing the purpose (underscoring supplied)
death of two persons who were which constitutes an offense, various
standing on the same line of the acts are executed, such acts must be
direction of the bullet. (People vs. considered only as one offense,' a
Pama, C.A., 44 O.G. 3339) complex crime (People vs. Penas, 66
Phil. 682, 687)
7. The "single-criminal-impulse,"
"same motive" or the "single-
purpose" theory has no legal basis, for b. Simple seduction by means of
Article 48 speaks of "a single act." usurpation of official functions.
However, the theory is acceptable (U.S. vs. Hernandez, 29 Phil. 109)
when it is not certain who among the (The crime of usurpation of
accused killed or injured each of the official function (Art. 177) was a
several victims. necessary means for committing
8. There is no complex crime of arson the crime of simple seduction.
with homicide under Art. 48. (Art. 338)
Reason: Art. 320 c. Abduction as a necessary means
9. Applicable to crimes through for committing rape (The crime of
negligence forcible abduction (taking a
Reason: Art. 9 woman against her will with lewd
10. Theft of firearm and illegal designs — Art. 342) was a
possession of same firearm do not necessary means for committing
form a complex crime — they are two the crime of rape (having sexual
distinct crimes. intercourse with a woman by
Reason: Art. 48 speaks of two or using force, etc. — Art. 266-A,
more grave or less grave felonies People vs. Manguiat)
resulting from a single act, which
excludes crimes punishable by 2. That one or some of the offenses must
special laws, like the law punishing be necessary to commit the other.
illegal possession of firearms.
**Note:
COMPLEX CRIME PROPER a. The phrase "necessary means"
(does not exist when the two crimes are does not mean "indispensable
punished under different statutes.) means."
3. That both or all the offenses must be
Requisites: punished under the same statute.
1. That at least two offenses are
committed. Important Notes:
1. When in the definition of a felony one
Examples: offense is a means to commit the
a. Falsification of a public document other, there is no complex crime.
by an accountable officer 2. Subsequent acts of intercourse, after
(altering the duplicate of the forcible abduction with rape, are
cedulas already issued to other separate acts of rape.
persons by erasing the names
originally written thereon and Reason: when the first act of rape
writing in their places new names) was committed in the truck, the
is an offense which is necessary to crime of forcible abduction was
commit malversation (collecting already consummated so that each
P2.00 from each of them and of the succeeding rapes
misappropriating the amount), committed in the house cannot
which is another offense. (People legally be considered as still
vs. Barbas, 60 Phil. 241, 243) connected with the abduction.
The crimes committed are one (1)
forcible abduction with rape and Reason: homicide and illegal
sixteen (16) separate rapes. possession of firearm are punished
(People vs. Bohos, No. L-40995, under different statutes.
June 25, 1980, 98 SCRA 353,
364) and even while the first act 8. Illegal possession of firearm, when
of rape was being the crime of considered a special aggravating
forcible abduction was already circumstance.
consummated, so that each of the
three succeeding rapes cannot be Reason: the use of an unlicensed
complexed with forcible firearm in murder or homicide is now
abduction. (People vs. Jose, No. considered ered, not as a separate
L-28232, Feb. 6, 1971, 37 SCRA crime, but merely a special
450, 475) aggravating circumstance. (People
vs. Castillo, G.R. Nos. 131592-93,
3. No complex crime when trespass to February 15, 2000)
dwelling is a direct means to commit
a grave offense. (People vs. 9. Illegal possession of firearm absorbed
Abedosa, 53 Phil. 788, 791) in rebellion.
10. When two or more crimes are
Reason: The trespass to dwelling committed but (1) not by a single act,
will be considered as the or (2) one is not a necessary means for
aggravating circumstance of committing the other, there is no
unlawful entry under par. 18, or of complex crime.
breaking a part of the dwelling 11. There is no complex crime of
under par. 19, of Art. 14 rebellion with murder, arson, robbery,
or other common crimes.
4. No complex crime, when one offense
is committed to conceal the other. Reason: Murder, arson and robbery
5. When the offender had in his are mere ingredients of the crime of
possession the funds which he rebellion, as means "necessary" for
misappropriated, the falsification of a the perpetration of the offense.
public or official document involving (Enrile vs. Salazar, G.R. No. 92163,
said funds is a separate offense. June 5, 1990, 186 SCRA 217, 229)
Such common offenses are absorbed
**Note: But when the offender or inherent in the crime of rebellion.
had to falsify a public or official (People vs. Hernandez, 99 Phil. 515)
document to obtain possession of But a rebel who, for some
the funds which he independent or personal motives,
misappropriated, the falsification commits murder or other common
is a necessary means to commit offenses in addition to rebellion, may
the malversation. be prosecuted for and convicted of
such common offenses. (People vs.
6. No complex crime where one of the Geronimo, 100 Phil. 90, 99)
offense is penalized by a special law.
7. Illegal possession of firearm is not a 12. When two crimes produced by a
necessary means to commit homicide. single act are respectively within the
exclusive jurisdiction of two courts of b. But when one of the offenses, as a
different jurisdiction, the court of means to commit the other, was
higher jurisdiction shall try the committed by one of the accused
complex crime. by reckless imprudence, that
accused who committed the
**Note: an accused should not be offense by reckless imprudence is
harassed with various prosecutions liable for his act only.
based on the same act by splitting the c. When the homicide, physical
same into various charges. (People vs. injuries, and the burning of a
Lizardo, No. L-22471, Dec. house are the result of one single
11,1967,21 SCRA 1225, 1227, act of negligence, there is only
reiterating People vs. Silva, No. L- one penalty, but there are three
15974, Jan. 30, 1962, 4 SCRA 95) civil liabilities.

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.

**Note: **Note: But if four crimes of murder


a. If the different crimes resulting and a frustrated murder resulted from
from one single act are punished the firing of several shots at five
with the same penalty, the penalty victims, the crimes are not complex.
for any one of them shall be Five informations should be filed.
imposed, the same to be applied in (People vs. Pineda, G.R. No. L-
the maximum period. 26222, July 21,1967, 20 SCRA 748,
750, 754) In case of conviction, five
penalties shall be imposed. **Note: one criminal liability in this
kind of plurality
19. When a complex crime is charged and
one offense is not proven, the accused 2. real or material plurality
can be convicted of the other.
20. Art. 48 does not apply when the law **Note: there are different crimes in
provides one single penalty for law as well as in the conscience of the
special complex crimes. offender. In such cases, the offender
shall be punished for each and every
**Note: robbery with homicide (Art. offense that he committed.
294, par. 1), robbery with rape (Art.
294, par. 2), or kidnapping with Important Notes:
serious physical injuries (Art. 267, 1. In recidivism, there must be
par. 3), or kidnapping with murder or conviction by final judgment of the
homicide (Art. 267, last par.), or rape first or prior offense; in plurality of
with homicide (Art. 335), Art. 48 crimes, there is no conviction of any
does not apply because the Revised of the crimes committed.
Penal Code provides for one single 2. A person committing multiple crimes
penalty for each of those special is punished with ONE penalty in the
complex crimes. following cases:
 When the offender commits
21. Where the person kidnapped is killed any of the complex crimes
in the course of the detention, defined in Art. 48 of the Code.
regardless of whether the killing was  When the law specifically
purposely sought or was merely an fixes a single penalty for two
afterthought, the kidnapping and or more offenses committed.
murder or homicide can no longer be
complexed under Art. 48, nor be Examples:
treated as separate crimes, but shall be Robbery with homicide (Art.
punished as a special complex crime 294); Kidnapping with
under the last paragraph of Art. 267, serious physical injuries. (Art.
as amended by R.A. No. 7659. 267, par. 3)
(People vs. Ramos, 297 SCRA 618,
citing Parulan vs. Rodas)  When the offender commits
continued crimes.
PLURALITY OF CRIMES
3. Continued Crime – a single crime,
DEFINITION: successive execution by thE consisting of a series of acts but all
same individual of different criminal acts arising from one criminal resolution.
upon any of which no conviction has yet been 4. Continuing Offense – continuous,
declared. unlawful act or series of acts set on
foot by a single impulse and operated
Kinds of Plurality of Crimes by an unintermittent force, however
1. formal or ideal plurality long a time it may occupy. (22 C.J.S.,
52)
**Note: Although there is a series of
acts, there is only one crime
committed. Hence, only one penalty
shall be imposed.

5. The series of acts born of a single


criminal impulse may be perpetrated
during a long period of time.
6. A continued crime is not a complex
crime

Reason: because the offender in


continued or continuous crime does
not perform a single act, but a series
of acts, and one offense is not a
necessary means for committing the
other and not being a complex crime,
the penalty for continued crime is not
to be imposed in the maximum
period.

7. Transitory Crime – “moving crime”


and different from continued in
criminal procedure to determine
venue
8. Distinguish real or material plurality
from continued crime

Ans: while in real or material


plurality, each act performed by the
offender constitutes a separate crime,
because each act is generated by a
criminal impulse; in continued crime,
the different acts constitute only one
crime because all of the acts
performed arise from one criminal
resolution.