COMPLEX CRIME and SPECIAL COMPLEX CRIME

Complex Crimes (Composite crimes) – are those which in the eyes of the law are treated as a
single individual offense although in reality are made up of more than one crime. They are
classified into (1) compound crimes; and, (2) complex crime proper. [Article 48, RPC]

Compound Crimes Complex Crime Proper

(delito compuesto)
1. Only a single act is performed by the
offender; and,
2. The single act produces:
a. two or more grave felonies;
b. one or more grave felonies and one or
more less grave felonies; or,
c. two or more less grave felonies
(delito complejo)
1. At least two offenses are committed;
2. one or some of the offenses must be
necessary to commit the other; and
3. Both or all the offenses must be punished
under the same title.

Special Complex Crime – those crimes specifically provided for by the RPC with one single
penalty. (i.e. kidnapping with homicide, kidnapping with rape)

***Foreknowledge Principle - a single mental resolution, impulse and intent applies only if the
accused has foreknowledge that the private complainants are at the same place at the same
time. (Paera vs People, G.R. No. 181626, May 30, 2011)

Continuous or Continued Crime (delito continuado) – is a single crime consisting of a series of acts
arising from a single criminal resolution or intent not susceptible of division (Gamboa vs CA, G. R. No. L-
41054, November 28, 1975) Here, the offender is implied by a single criminal impulse but committed a
series of overt acts at about the same time in about the same place and all the overt acts violate one
and the same provision of the law.

***Single Larceny Doctrine – The taking of several things, whether belonging to the same or
different owners, at the same time and place constitute but one larceny due to a single criminal
impulse. (Santiago vs Garchitorena et al., G. R. No. 109266, December 2, 1993)