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Rules: There are certain guidelines as to the computation of the period

If the principal penalty imposed is Pricion Correcional or Arresto and fine he shall remain under
confinement until his fine is satisfied but that co exceed one third of the term of the sentence or one
year whichever is lower. Take note this covers Pricion Correcional or AM does not cover penalties more
severe than PC. So you have to pay and stay in prison or confinement until mahurot tong days
corresponding 512 pesos but it shall not exceed. there are two safeguards One third to the term of the
sentence or one year whichever is lower No fraction or place shall be counted. It shall not be considered
as one day

How about you fine PC and there is no subsidiary imprisonment? For example PM RT RP no subsidiary
imprisonment. Example Unlawful Arrest is penalized by RPC AM and fine not exceeding 100k sentenced
to three months with AM and to pay a fine of 99k. Now you don’t have 99k how long should you stay in
prison so 193.36 days you have to check the statutory limits What’s the first statutory limit? Not to
exceed one third 3 month of AM the basis is the sentence actually imposed one third of three months is
one month and 30 days so thirty days

What if its less than 500 days? When the principal penalty is fine only 6 mos grave or less days

15days of light felony have to be careful sentence is fine only but the stator limit is the sentenced
imposed but the penalty imposable if the convict was prosecuted for a grave offense only

The basis of the statutory limit is based upon the imposable penalty. E.g. Slight Physical Injuries
punishable by AMenor or fine not exceeding 40k cannot impose both ha? Or amounting to 20k u don’t
have have money only have 1999 20/112 ? 39 days statutory limit? Applicable look at the imposable
penalty since it ias a light felony shall not exceed 15 days.

Compute? If you can afford to

The addt period may be in form of destierro/ suspension if the the Principal penatlty is Diestierro same
in form sa addt period

Performance of a public office punished by suspension in office 40k if one cannot pay the one additional
period of suspension Take note principal penalty actually imposed and not the the penalty imposable

Subsidiary imprisonment does not apply to Principal Penalty that have no fixed duration.

Article 40-44

What is the Accessory Penalty to RP RT PM PM AM AM inherent in Principal Penalties

Only when there is computed PAQ Perpetual Absoulte DisQ / Civil Interdiction. Same with RT RP if its
very severe the difference AP is coextensive with CI. PM is PAQ
PC Suspension for public office PSQ is exceed in 18mos if below no PSQ from suffrage

A44 accessory penalty

What you’ll do with the gun using the killing of the victim

Scope of confiscation Money Tools using in the commitment of the felony

Effect forfeited in the favor of the govt . Why? If not essence giving reward to the convict. Cannot allow
or give incentive to the crime. Also contract void for the commission of a crime must. Unless the
property is not liable to the offense. Car of your parents Unless not subject to lawful ownership shall be
destroyed eg drugs owned by mother though third person already commitiing an offense. Reason
behind PDEA v .Flores Will happen upon conviction not during the pendency of the case during JUDICIAL
DETERMINATION na bes. Becos talking about penalty

People v Jaime Jose Ignominy inspected her bpdy for 10 long yrs. Mother of Jaime Jose not shown to b
liable for the offence . Foreclosure looking for the car found in the Police Station. Lawful Owners.

A45 application tool to the commission of the crime. Corporation not liable for the offence

PDEA v Joseph. Alabang Boys RA 9165 DDA S5 sale of drugs buy bust. She was not involved in the case.
Her car was used for the execution. She claimed the return of her car. Issue is pending prosecution. Can
she claim thereturn of the car? There must be an indictment to the decision. EG case ni Sir tric used to
carry GI Sjeets owned by Quiboloy why did they steal. Trayk owned by a thrd persons. Owner claimed
the vehicle subject to the discretion of the court for as long as there is no indictment. Exception S20
9165 transfer of any property that has been confiscated during the pendency of the proceedunings EG
bro can I borrow ur car? Buy bust in the car can you collect during pendency no kay nay absolute
prohibition. EG track released exposed the elements we will pose a ban sec 20 posting of a ban with
respect to drugs cases A45 CONVICTION applied na

A46, 50-57

Cover graduation pf penalty based on the degree of criminal participation shall be imposed upon the
principal of the felony. 2nd general terms applicable to the consummated felony. Basis for graduation. \

Frustrated Fel by accomplice 2 deg lower

Frus by accessory 3 deg lower

Attempted acces 4 deg lower

Exception a.60 where the law expresssedly prescribes 1 degree but without any other prohibition ito
ang iaapply
A47 RA 9346


Plurality of Crimes. Successive execution when same individual. There is Conviction? Its repetition
recidivism reitaracion habitual delinquency

Series of Acts na wala pay conviction- plurality

Real and Material difft crimes and diff crim intent

Liable for the death and injury of each

Formal and Ideal diff crimes but penalized as one

Despite the fact u committed from one act that resulted to one or more crimes isahan na lang

Eg? Complex crime a48 penalty for complex crimes act resulted to grave and less grave

Grave applied in its maximum period 3 aspects 1st compound crime-single act resulting 2/moregrave or
less grave felonies 2nd complex crime proper wheren offence necessary for committing the other 3rd
single penalty. Even if the single act resultd only one penalty the most serious crime shall be imposed in
it maximum period lang eg attempted homicide kung complex crim attempted with homicide what is
the maximum period of HOMICIDE RT maximum period regardless of the fact that 2 crimes where
committed consitutte only one crime

2/more crimes result in a single act less perverse by a single act. Generaly less perverse bcos of the
criminal intent is isa regardless of the effect. Content less perverse in favor of the accused other than
committing them i

Enrile v Salazar A48 cannot be applied to complex murder in case of rebellion if enunciated the
absorption doctrine all acts commotted in pursuance in a political motive are deemed absorb in one in
the same of rebellion 20 murders are absorbed in rebellion. Whether they can alternativey applied ?
Issue SC NO. Murder Complex rebellion. At that time reb punoshbale PM Maximum Death Seperately.
A48. Penalty for the most serious crime Murder Death Max. Period. Complex will become more sever
defeats the purpose of A48. Will no have other purpose dapat in favor of the accused. Best solution to
address rebellion in its crimes in furtherance of rebellion

Single Act results to 2/more grave or less gave felonies-Compound Crime

Light Felony? Absorb ra or lahi

Single Act. Lito Lapid. Slicing the bullet into 2. Take Note. Not single intent not impulse.
People v Antonio. Twins sila . First time to travel Manila visited their daughters looked very alike. Went
to Bicol inside a train. Antonio stood up and stabbed a man sitting beside him felt inferior persons from
the provinces staring at them because they felt paranoid. The other stabbed a woman sleeping in front
of him. SC telepathic connection. Jose stabbed the woman. The other woman attempted to escape but
also Antonio stabbed her. Baby was not injured stabbed everywhere. 8 killed. 4 jumped proximate

Multiple Murder and Frustrated Murder Complex Crime? Single Act raba? Murder and attempted
murder SEPARATE ACTS. Even though the intent was the same. Test is not the singularity of the intent

People v Tabaco

Rounds. Member of the army. Shot the Mayor. A48 Trial Court One single shot continuous shot to the
single act constituted the act of pulling the trigger of the gun kay automatic rifle man. Complex crime?
Not. Why. Successive Shots Deth caused corresponds . Although one single act special mechanism hence
not the act but the number of bullets. Emanating bullets. Several Bullets. Each person AUTOMATIC
FIREARM number of bullers that produced the injuries. No showing. Not a complexcrime

People v Nicanor?

Election violence. Supporters of A governatorial Candidate. Succesive rounds of gunfire. Vehicle 217
bulletholes? Survivor. SC A48 inapplicable Multiple Murder Frustrated Murder not complex. One count.
7 separate counts.

People v Intong

Carnal Knowledge and fingered the victim? Complex Crime? Or separate act?Raped by stepfather
inserted penis and finger. How many crimes? 2 separate crimes. Pros. Only charged one count of rape by
carnal knowledge. SC said NO. 2 counts of rape LAWAS DOCTIRNE. People v lawas. SImulatenously 50
persons died in a single impulse not intent. SC if the act resulted in a single impulse isa ra ang ma count
na sala. Even though difft bullets not only the single exception no single evidence. No conspiracy. No
collective criminal. SC forced to file.NO CONSPIRACY DAPAT to apply LAWAS DOCTRINE Single criminal
impulse teste

People v Sanidan.

SC was wrong. Unleashed multiple shot at a jeepney. Continued to fire. Almost all survived *5 empty
shells at the jeep. Complex crime? Conspiracy meron. Several shots were fired? Single Act? Not possible
who among them killed the fire? Applied lawas doctrine. Contrary single criminal impulse. One of them
explained My gosh wla namon napatay tanan. Act of execution. Learned Conspiracy act of one is the act
of all. Liable for the acts committed by coconspirator. Individual acts means one single act A48
People Pinaclin Beltran Toma

Opso and Happy and Go lucky Gang with Sputnik Gang New Bilibid Prisons

Killing of convicts to convicts. Complex crime lawful mirder and frustrated murder. SC Conspiracy lawas
doctirn People v ABella prison riot looked upon as a single act. Single complex offence.

Justice presented basis legal conclusion single purpose justified the law single act not motivation or
purpose. Dissenting Opinion terrorist. ? Terror. Bomb hit several victims.

People v Melvina

Armed high powerd firearms ambushed a vehicle 2 died siffered injuries. SC Applicability of A48
separate crimes of murder /attempted murder muder/ multiple frustrated murder

NO COMPLEX CRIME. NO COMPOUND CRIME not the result of a single discharge different shots to
victims. Sveeral individual died.

Delos santos abella Garcia

SC applied A48 Pincalin such acts be considered one offence. Have no intention to establish.

People v Salidad single criminal impulse. Does not apply because there is conspiracy already solves the
issue. No need to apply to determine the offenders.

People v Samson.

Compound Crime. Single Act Test. Number of the Bullets

Complex Crime Proper. Commission of at least twofelonies twoseperate acts. Words NECESSARY MEANs
not indispensable.

People v Garcia

Victim abducted brought to he Van raped one after the other. The other three held her arms and legs.
SC forecable abduction with rape and three separate counts. Necessary mean Abduction to commit
rape. Against her will. Depriving of liberty. Rape is Carnal Knowledge. While committing the crime there
is CONSPIRACY. Trial Court is correct. Only complex with one count of rape. Considered independently
of forceeable abducations.3 raped no need kay naa na naman ang girl

Not complex crime proper must be a necessary means to commit another crime. If it used to conceal
another crime. CONCEALMENT. Crime is the element of another crime no elemnt of complex crime.

Special Complex Crime.

Matonado v People. Cooperative Incorp. Modus Omperandi. Voucher to avail a loan. Fabricated
Voucher. Loan Accts. Crimes involved 1st falsification 2nd estafa as cashier necessary means ang 1st for
her to go to the 2nd crime. But is there a complex crime proper? NO. immediate effect in the first. If two
crimes share the same grava man cannot be a complex crime proper eg to kill a person you have to stab
pero kung balik balik ang stab? Complex crime proper pa rin? SNo share the same gravama. Same as in
with this case. Difft if public docu why? Not involve damage to a persons. Destroys the public trust to
public docu therefore people will question they will be losing confidence. Eg lacoste peke. Lose faith in
the public docu. Damage is shared with estafa because of the same immediate effect. But there is
through falsification of public docu don’t share the same gravamen. What is the proper crime?

Spec Complex Crime

2/more crimes divisible product of a single impulse

Specific crime with a specific penalty provided by law? SPECIFIC PENALTY. A48 DEFINITE ang penalty
basta maximum. The law specifies the penalty, to the most serious crime. DisticntionsComposit fixed by
law Complex/Compound generalized and penalty Grave or less grave. Specific ang sa Special Complex
Crime or coupled to the most serious offence

People v lasana

Slander by deed of less serious physical injury. Is there a complex crime. A48 Composite Crime specifis

A.48 No specific prov.

Eg Rape with Homicide Penalty Death specific combination of penalties Not bound to

Robbery with homicide RP to death.

Continued Crimes series of overt acts in the same place and time and all overt acts in a single impulse.
Series of acts performed intend by a single criminal impulse

People vrsus Pinol

The act of two separate objects at the same time and place. Continued Crime.

Santiago v Ravena?

Signing legalization of alien on the same period of time and day you can only hold me for one count
single stroke of the pen. Filing of 32 criminal informations into one offense against the Ombudsman

Ladkj v CA

Nangupit did not remit the cash did this daily continued crime? NO. why? Go back to the single criminal
impulse test not at the same time and occasion each day of conversion provides criminal intent of its
own. The same criminal impulse. No present SCI

People v Madrigal Gonzales

People v Penas

Post master 600php problem is policy that no body ordered greater than the some of 200php he did
three separate money order para 600 get what he wanted one crime was committed despite three
separate acts. Do notforgert continued crime Falsfied three money order in doing so he was able to
commit and execute the crime.

Compiound crimes. Does not mean the penalties are the same not covered A48 regular penalty ang
compound crime. Several Acts onePenalty

Ivler v San Pedro

A365 of the RPCA48 congruent to the notion of quasi crimes. Why? A.3 negligence reckless imprudence
charged with 2 offenceswiht slight physical injuries . prosecution divided/ why? Becos spi is light felony
cannot complexlight felony with a less grave felony cannot patakag file. Justification of the Supreme
bakit hindi na lang gani iisa? SC due to A48 stepback NO incongruent to the notion of qausi crimes
impossible to stand on less grave felonies why? Principle reckless imprudence is a crime in itself
therefore ur only committing one crime with several crime consequences crime in itself. Assuming lang
na applicable NO HA.

People v abay

Stat rapeand child abuse under 12 yrs of age Under ra7610 lascivious conduct rpc death special RAPE
cannot be complex kay naa nay complex crime.