1.MATERIAL OR REAL Person performs 2/more criminal acts one after the other and he is liable for every criminal act he commits since every crime is motivated by a separate criminal intent from the other. Ex: when someone runs amok, he starts shooting people ,even those he doesnt know. !e killed persons one after the other."f he is found guilty of killing #o people, there will be #$ convictions and #$ different penalties. 2.FORMAL OR IDEAL Person commits 2/more criminal acts ,there will be 2/more victims but in the eyes of the law ,only one crime was committed. It has 3 types: a.Special C!ple" c#i!e # C!psite c#i!e $.C%ti%&&s c#i!e # 'elict c%ti%&a' c.C!ple" c#i!e &%'e# A#t () %rticle &': Penalty for complex (rime: When a single act constitutes 2/more grave or less grave felonies(c!p&%' c#i!e # 'elict c!p&est) or an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed (c!ple" c#i!e p#pe#), the same to be applied in its maximum. SPECIAL COMPLE*+COMPOSITE CRIME (rime under the )P( declared as (omplex without applying %rticle &'. % composite crime is one in which substance is made up of more than one crime, but which in the eyes of the law is only a single indivisible offense. Examples are robbery with homicide, robbery with rape, rape with homicide. *+hese are crimes which in the eyes of the law are regarded only as a single indivisible offense,. a.R$$e#y ,ith -!ici'e .2/(0 -hen by reason of or on the occasion of robbery, the crime of homicide shall have been committed. . robbed /.%fter taking /s money , . killed him. "f you apply %rt &', there seems to be something wrong. 0ou cannot say there is a single act ,it is very clears that there are 2 acts which are taking of /s property nad 1illing of /, and you cannot say that that one is necessary to commit the other. $.Rape ,ith -!ici'e .2112A0 DELICTO CO3TI3UADO 6 "t is a crime which consists of a series of acts but all coming or emanating from one criminal resolution. +here is only one criminal resolution and it is followed by a series of acts. */%), . stole 2 roosters. 2o there are 2 acts of taking ,but if it turned out that there are also 2 owners, then, there is only one crime of theft .3ne crime of theft involving 2 roosters since there is a single intent to steal. . did not divide his mind into stealing from the 2 owners. . did not even know that there are 2 owners of the cocks. */%), . is the class treasurer. +he class decided to hold a party and each student contributed P4$$ totalling P5$$$.. disappeared with the money. !E67: +here is only one crime. +here was only one intent to defraud. . did not divide his mind 5$ times. 2$$8 notes: the concept of delicto continuado although a product of the 2panish Penal code has been applied to crimes penali9ed under a special laws. 2$$8 notes:"t will not be applicable when . is the cashier of a corporation, today, . ran away with the money. 6ater ., ran away with another money and after one week ,nothing is left.. +his is not continuado since what happen today is dfferent from the intent next week or tomorrow. Disti%cti% 4#! C!ple" C#i!e .CC0: (( is governed by article &' and penalty is maximi9ed. 7( governed by article &' but penalty is not maximi9ed (( ,there is only 3:E act, which produces 2/more grave or less grave felonies 7(, offender performs 2E)"E2 of acts. ((, there are 2 acts, one offense is :E(E22%)0 to commit the other 7(, one offense is :3+ :E(E22%)0 to commit the other. Disti%cti% 4#! T#a%sit#y.C%ti%&i%50 C#i!e: +(, ingredients of crime took place in 2/more places and the crime may be filed in the place where the crime was committed ,or where any one of its essential ingredients took place. 7(,a series of acts emanating from one criminal resolution +(,issue is to determine in what place or in what court should the person be prosecuted*ex: 1idnapping,. 7(,issue is to determine how many crimes are committed,and whether there are 2/more penalties +(,applicable to (riminal Procedure*remedial law, 7( is applicable to (riminal 6aw. %pplying the concept of the ;continued crime<, the following cases have been treated as constituting one crime only: *4, +he theft of 4# cows belonging to two different persons committed by the accused at the same place and period of time *People v. +umlos, 8= Phil. #2$,> *4, +he theft of six roosters belonging to two different owners from the same coop and at the same period of time *People v. ?aranillo,> *#, +he illegal charging of fees for service rendered by a lawyer every time he collects veterans benefits on behalf of a client who agreed that attorneys fees shall be paid out of such benefits *People v. 2abbun, 4$ 2(%) 458,. +he collections of legal fees were impelled by the same motive, that of collecting fees for services rendered, and all acts of collection were made under the same criminal impulse. 3n the other hand, the 2upreme (ourt declined to apply the concept in the following cases: *4, +wo Estafa cases, one which was committed during the period from ?anuary 4@ to 7ecember, 4@55 and the other from ?anuary 4@58 to ?uly 4@58 *People v. 7ichupa, 4# Phil #$8,. 2aid acts were committed on two different occasions> *2, 2everal malversations committed in Aay, ?une and ?uly 4@#8 and falsifications to conceal said offenses committed in %ugust and 3ctober, 4@#8. +he malversations and falsifications were not the result of one resolution to embe99le and falsify *People v. ("B, 88 Phil. #54,> *#, 2eventyCfive estafa cases committed by the conversion by the agents of collections from the customers of the employer made on different dates. "n the theft cases, the trend is to follow the single larceny doctrine, that is taking of several things, whether belonging to the same or different owners, at the same time and place, constitutes one larceny only. Aany courts have abandoned the separate larceny doctrine, under which there was distinct larceny as to the property of each victim. %lso abandoned is the doctrine that the government has the discretion to prosecute the accused for one offense or for as many distinct offenses as there are victims *2antiago v. ?ustice Darchitorena, decided on 7ecember 2, 4@@#,. !ere, the accused was charged with performing a single act E that of approving the legali9ation of aliens not Fualified under the law. +he prosecution manifested that they would only file one information. 2ubseFuently, #2 amended informations were filed. +he 2upreme (ourt directed the prosecution to consolidate the cases into one offense because *4, they were in violation of the same lawCExecutive 3rder :o. #2&> *2, caused inGury to one party only E the government> and *#, they were done in the same day. 2$$8 notes:+he concept of delito continuado has been applied to crimes under special laws since in %rticle 4$, the )evised Penal (ode shall be supplementary to special laws, unless the latter provides the contrary. COMPLE* CRIME 7 1.COMPOU3D .COMPLE*0 CRIME I% #'e# 4# this c!ple" c#i!e t e"ist 6a si%5le act !&st c%stit&te eithe#: a.grave or less grave felonies b.2 grave felonies c.2 less grave felonies I4 a si%5le act p#'&ces a less 5#a7e a%' a li5ht 4el%y. The% the#e a#e t, pssi$ilities: a.light felony will be absorved by the less grave b.there are as many light felonies as there are victims. +hey are treated as different crimes. 0ou cannot complex them. +hey are to be prosecuted severally. a.A$s#$e' */%), P ,a policeman was engaged in the discharge of his duties. . approached him and hit . in the face with his fist. "t caused P slight physical inGuries. Hnder %rt &',the crime is direct assault. /ut what happens to the physical inGuries sustainedI "t is absorbed by the element of attacking or employing force, you cannot say that the crime is direct assault with slight physical inGuries. $.As Ma%y Li5ht Fel%ies . threw a stone at %. the stone hit %, but the same stone hit /. 0ou cannot say that the crime of slight physical inGuries committed against % absorbed the inGury of / that . cannot be prosecuted for double slight physical inGuries because art &' does not apply to light felonies. %s such, there are 2 separate felonies of light physical inGuries. Pp v /uan: .,driver while driving his vehicle recklessly bunped another vehicle causing : death of %, serious inGuriy to / and slight physical inGury to (. Prosecutor should only file one information for homicide ,serious and slight physical inGuries, cannot file # or less there will be double Geopardy. there is only one crime, that is the crime )E(16E22 "AP)H7E:(E ., the homicide ,and physical inGuries are only the effects of the imprudent act which is determinative of the penalty and the civil liability. %rt &' applies when a single act results of 2/more grave or less grave felonies, but here, you cannot consider the homicide and the inGury as separate, %rt &' does not apply to culpable felonies. +he felony is the imprudent act, the homicide and physical inGury will only determine the penalty. 2$$8 notes:it is also same with the accused thinking that his wife commits adultery in their bed killed wife and lover which turned out that no foul play was committed since lover is merely a blind masseur, so the person is guilty of simple imprudence or negligence *whereby an act which would otherwise constitute a grave or a less serious felony,. 2$$8 notes: "f one offense is light ,there is no complex crime. +he resulting offenses may be treated as separate or the light felony may be absorbed by the grave felony. +hus, the light felonies of damage to property and slight physical inGuries both resulting from a single act of imprudence, do not constitute a complex crime. +hey cannot be charged in one information +hey are separate offenses subGect to distinct penalties. E"a!ples 4 C!p&%' C#i!e */%),. throws a hand grenade to the ground and in so doing, he killed 4$ people and almost killed 5 bystanders !E67: +here is only one complex crime of multiple murder with multiple frustrated murder. +here is only one act of throwing the hand grenade ,although as a result of that act, several grave or less grave felonies result. */%), . aimed his gun towards other persons. . fired it. +he bullet killed 2 people. +here is only one act. . did not commit 2 crime of homicide, he committed the crime of double homicide. %berration "ctus */%), . with intent to kill % and aiming his gun towards %, fired it but because of poor aim, he did not hit % but instead hit and killed /. . is liable for death of / due to aberration ictus the complex crime of homicide with attempted murder is committed. Aere fact of firing at % is a felony, although attempted .3n the other hand, . committed homicide because he killed /. I% this case it is %t the si%5le%ess 4 the act $&t the si%5le%ess 4 the i!p&lse that has $ee% c%si'e#e' 2$$8 notes: (ompound *or compound complex crime, is when there exist 2 grave/less grave felonies. -hereby in complex ,one act is necessary means for the fulfillment of the other act. %n example of compound is when you rape someone,and after raping,the victim said ;di ako nasarapanJ<so out of anger you killed her, that latter act is not a necessary means to the act of rape. 2o you commit 2 crimes, rape and homicide. %n example of complex is when in order to rape a girl, you stab her first.so stabbing her is a necessary means in order to rape her.so this is complex crime of rape with homicide. 2.COMPLE* CRIME PROPER . DELICTO COMPLE8O 0 8 O%e 44e%se is c!!itte' as a 3ECESSARY !ea%s t c!!it the the#. Ex: Estafa through falsification of commercial documents Korcible %bduction with )ape Aalversation through falsification of Public document 1idnapping with Aurder The 4ll,i%5 a#e 3OT COMPLE* C#i!es: a.an ":7"2PE:2%/6E means to commit another if offense is indispensable to commit the second ,there is no complex crime since the second crime is the crime since the second crime committed is the real crime. +he first crime which is indispensable is only an element of the second crime. "t is %/23)/E7. Ex: when rebellion is committed ,rebels killed the people and destroy property. +hey cannot be guilty of complex crime of rebellion with murder or physical inGuries with homicide since the common crime is absorbed since you cannot convict a person of rebellion without killing. 2o ,the killing and the destruction is not only necessary but indispensable. b.means to (3:(E%6 the other Ex: "f . goes to the house of 0 and kills 0 and in order to conseal the crime of murder, . burns the house down, here, there is no complex crime ,there are 2 separate crimes: Aurder and %rson. c.7")E(+ means to commit the other .,in order to kill 0, who was inside his house,forcibly entered the house of 0 and killed him in there. %s such, trespass to dwelling was the main intent to kill, it was only incidental."t was the direct means effected to kill 0.2o, the crime there is Aurder aggravated by Hnlawful entry. 2$$8 notes: complex crime *art&', is 4 bullet and it killed many and not many bullets. 2$$8 notes:cannot complex grave/less grave with light felony, it must be separate 2$$8 notes:no complex if felony and crime under special law. The 4ll,i%5 a#e COMPLE* C#i!es: "n People v. ?ose, there were four participants here. +hey abducted the woman, after which, the four took turns in abusing her. "t was held that each one of the four became liable not only for his own rape but also for those committed by the others. Each of the four offenders was convicted of four rapes. "n the eyes of the law, each committed four crimes of rape. 3ne of the four rapes committed by one of them was complexed with the crime of abduction. +he other three rapes are distinct counts of rape. +he three rapes are not necessary to commit the other rapes. +herefore, separate complaints/information. "n People v. Pabasa, the 2upreme (ourt through ?ustice %Fuino ruled that there is only one count of forcible abduction with rape committed by the offenders who abducted the two women and abused them several times. +his was only a dissenting opinion of ?ustice %Fuino, that there could be only one complex crimeof abduction with rape, regardless of the number of rapes committed because all the rapes are but committed out of one and the same lewd design which impelled the offender to abduct the victim. 2$$8 notes: "n adultery, each intercourse constitutes one crime. %pparently, the singleness of the act is not considered a single crime. Each intercourse brings with it the danger of bringing one stranger in the family of the husband. %rticle &' also applies in cases when out of a single act of negligence or imprudence, two or more grave or less grave felonies resulted, although only the first part thereof *compound crime,. +he second part of %rticle &' does not apply, referring to the complex crime proper because this applies or refers only to a deliberate commission of one offense to commit another offense. !owever, a light felony may result from criminal negligence or imprudence, together with other grave or less grave felonies resulting there from and the 2upreme (ourt held that all felonies resulting from criminal negligence should be made subGect of one information only. +he reason being that, there is only one information and prosecution only. 3therwise, it would be tantamount to splitting the criminal negligence similar to splitting a cause of action which is prohibited in civil cases. %lthough under %rticle &', a light felony should not be included in a complex crime, yet by virtue of this ruling of the 2upreme (ourt, the light felony shall be included in the same information charging the offender with grave and/or less grave felonies resulting from the negligence of reckless imprudence and this runs counter to the provision of %rticle &'. 2o while the 2upreme (ourt ruled that the light felony resulting from the same criminal negligence should be complexed with the other felonies because that would be a blatant violation of %rticle &', instead the 2upreme (ourt stated that an additional penalty should be imposed for the light felony. +his would mean two penalties to be imposed, one for the complex crime and one for the light felony. "t cannot separate the light felony because it appears that the culpa is crime itself and you cannot split the crime 9 A#t (/: I% case i% ,hich the 4el%y c!!itte' is 'i44e#e%t 4#! that ,hich the 44e%'e# i%te%'e' t c!!it6 the 44 #&les shall $e $se#7e': 1.i4 pe%alty p#esc#i$e' 4# 4el%y c!!itte' $e hi5he# tha% that c##esp%'i%5 t the 44e%se ,hich the acc&se' i%te%'e' t c!!it. The pe%alty c##esp%'i%5 t the latte# shall $e i!pse' i% its !a"i!&! pe#i'. % attacked someone whom he thought was /,stranger and killed him. /ut when % looked at victim it was his father. 4.felony commited is Parricide 2.felony intended is !omicide 2o if % is found guilty of parricide, the court will not impose )P to death but only )+ in its maximum period 2.i4 pe%alty p#esc#i$e' 4# the 4el%y c!!itte' $e l,e# tha% that c##esp%'i%5 t the %e ,hich the acc&se' i%te%'e' t c!!it6 the pe%alty 4# the 4#!e# shall $e i!pse' i% its !a"i!&! pe#i'. a.% wanted to kill his father. 2o % shot him but when he looked closely, it turned out that victim was not his father but /, someone who looks like his father. 4.crime intendedCparricide punishable by )P to 7 2.crime committedC homicide punishable by )+ % commit homicide since he killed a stranger. /ut the penalty of )+ should be maximi9e. A#tcle (/ is Applica$le %ly i% E### i% Pe#s%ae A#ticle (/ is %t applica$le t sit&ati% &%'e# (.10 ,hich a#e P#aete# I%te%ti%e!6 a%' A$e##ati Ict&s ,hich a#e &%'e# A#ticle (). &blue @5 notes:"n %rt &' ,the imposable penalty is based on the !"D!E) penalty to be maximi9ed. -hile in &@, it is based on 63-E) penalty to be maximi9ed. P#aete# I%te%ti%e! % intended only to commit slight physical inGuries *punishable by %rresto Aenor, on /. !owever / died, so the felony committed by % is homicide punishable by )+. !E67: % should be prosecuted for homicide since thats the crime committed but one % is found guilty, the penalty should be % Aenor *due to mitigating cicum that he did not intend to commit so grave a wrong as that committed, A$e##ati Ict&s % with poor aim did not kill /*whom he intends to kill, but killed (. % is liable for killing (, %rt &' will prevail since it is a complex crime where a single act produces 2/more grave/less grave felonies 4.consummated homicide of ( 2.attempted homicide of / 2ince it is a complex crime, correct penalty is :3+ based on lower offense, but on higher offense in its A%."AHA period,as such penalty should be based on comsummated homicide which should be maximi9ed. 10