ARTICLE 48

Ano ang kaibahan if it is not clearly penalized under a specified (?) provision of law? Ano ang
kaibahan bc kapag special complex crime halimbawa kidnapping with homicide, with rape, with
serious physical injury meaning kidnapping with homicide, kidnapping with rape, kidnapping
with serious physical injury that is penalized under ARTICLE 267 OF RPC. You have to remember
this one bc if there is a special complex crime, kahit na maraming problem, pero single lang ang
kanyang penalty.

Unlike on the complex crime under article 48, may dalawang penalty. Halimbawa the
malversation through falsification of public document so you have to determine the penalty of
falsification and the penalty of malversation. Kung ano ang pinakamataas na penalty, yun ang
iimpose mon a penalty hindi mo pwede iadd ang lower and higher.

And also on the special complex crime of rape with homicide, isang penalty lang talaga yan.
Hindi siya rape, hindi rin siya homicide. It is either rape or homicide and it is emposed on the
maximum period.

Q: What is the reason behind the provision?

A: That is also for the accused. The law is for the reformation of the accused.

Now complex crime is committed if one offense is necessessary to commit the other. However
the ff does not constitute a complex crime under to art 48:

1.a crime to conceal another special law specifies to commit

a crime to conceal another kng gi conceal kag imuhang another na offense

2. a crime wc is the element of the other. The former shall be absorbed by the other

3.a crime wc has the same elements as that other crimes committed
ex: ESTAFA and FALSIFICATION OF PRIVATE DOCUMENT bc same element of DAMAGE
you cannot commit estafa if there is no damage caused to another person. It must be clear and
already consummated.

note: it cannot be FALSIFICATION OF PUBLIC/COMMERCIAL DOCUMENT does not have

the element of DAMAGE, so pwede siya ma complex as ESTAFA through FALSIFICATION
OF OFFICIAL PUBLIC DOCUMENT

ano ang kaibahan sa unang example?

Estafa and Falsification of PRIVATE document = DAMAGE
WHILE falsification of OFFICIAL PUBLIC/COMMERCIAL DOCUMENT = NEED NOT HAVE
DAMAGE CAUSED TO ANOTHER PERSON

4. A crime w/c is incidental to another

5. complex crime of estafa and bp22. Violation of special law cannot be complexed
the higher penalty will be imposed in its maximum period
however the ISLaw (indeterminate sentence law) is very favorable to the accused. The ISLaw do
not appreciate the mitigating circumstance. Kung ma judge mo, bahala na mo kung asa ninyo
dira ibutang (sorry wa ko kagets. Very inaudible ang audio. Maglesson bitaw ani next week)

ang inyong intention jud mangawat. Pagsulod ninyo didtua, nay guard, gipusil nimo. Pagsulod
sa balay nay boy naglampaso, bugbog. Pag sulod napud nimo didto sa unahan, nay babae
nagbikang2 imong girape. QUESTION: WHAT IS THE CRIME COMMITTED? Robbery with
homicide the rest is absorbed. So tan.awon nimo ang pinakataas didtua na arrangement.

Art. 267 294 297 313/330/333 are example of special complex crime

COMPLEX CRIME COMPARED TO SPECIAL COMPLEX CRIME

1. Offenses comprising special complex crime are fixed by law. In other words, di na
maghuna2 kung unsa. Muingon nalang mog kidnapping with…
Unlike sa 48 tan.awon ninyo kung asa jud ang gihimo ana niya. If wala among those
enumerated scc try to entertrain article 48
In complex crime, the combination of the offenses is not specified but generalized

2. Only one provision of law is violated in special complex crime. Unlike in art 48, 2
provisions are actually violated. (15 special complex crime)

3. In special complex crime the penalty for specified combination of crimes is also specific.
Also, in complex crimes, the penalty imposed must be determined. In special complex
crime, all the other felonies of other severity and counts are absorbed.

4. In complex crime, the light felony resulting from the same act is treated separately.

5. In special complex crime, there is only one indivisible felony even if there are excess
counts. In complex crimes, excess crimes are not absorbed.

ART 49-77
Basaha lng sa book
Basa pud ug codal provisions
-ATTY. BOHOL

mahuman ta sa 113 daw next week.

WED mag recit for cases without logbook