Art 48; Complex crimes; Ordinary complex crime vs special complex crime

2003 No X.
(a) Distinguish between an ordinary complex crime and a special complex crime
as to their concepts and as to the imposition of penalties. 2%
SUGGESTED ANSWER:
(a) In concept -
An ordinary complex crime is made up of two or more crimes being punished in
distinct provisions of the Revised Penal Code but alleged in one Information either
because they were brought about by a single felonious act or because one offense is a
necessary means for committing the other offense or offenses. They are alleged in one
Information so that only one penalty shall be imposed.
A special complex crime, on the other hand, is made up of two or more crimes
which are considered only as components of a single indivisible offense being punished
in one provision of the Revised Penal Code.
As to penalties -
In ordinary complex crime, the penalty for the most serious crime shall be
imposed and in its maximum period.
In special complex crime, only one penalty is specifically prescribed for all the
component crimes which are regarded as one indivisible offense. The component crimes
are not regarded as distinct crimes and so the penalty for the most serious crime is not the
penalty to be imposed nor in its maximum period. It is the penalty specifically provided
for the special complex crime that shall be applied according to the rules on imposition of
the penalty.
Art 48; Continuing offense vs Delito continuado
1994 No. 4:
1) Differentiate delito continuado from a continuing offense.
Answer;
2) Delito continuado, or continuous crime, is a term used to denote as only one
crime a series of felonious acts arising from a single criminal resolution, not susceptible
of division, which are carried out in the same place and at about the same time, and
violating one and the same penal provision. The acts done must be impelled by one
criminal intent or purpose, such that each act merely constitutes a partial execution of a
particular crime, violating one and the same penal provision. It involves a concurrence of
felonious acts violating a common right, a common penal provision, and Impelled by
a single criminal impulse (People vs. Le-desma, 73 SCRA 77).
 On the other hand, a continuing offense is one whose essential ingredients took
place in more than one municipality or city, so much so that the criminal prosecution
may be instituted and the case tried in the competent court of any one of such
municipality or city.
The term "continued crime" or delito continuado mandates that only one
information should be filed against the offender although a series of felonious acts
were performed; the term "continuing crime" is more pertinently used with reference to
the venue where the criminal action may be instituted.
Art 48; Continuous crimes
1976 No. VIII-a
X filed 50 complaints of estafa with the Fiscal's Office against his employee, Y,
claiming that Y misappropriated sums of money on various dates representing the
amounts he collected on different dates from Ms (X's) customers. All in all, the Fiscal
filed 50 informations for estafa in court. Y questioned the filing of 50 different
informations of estafa against him on the ground that the charges were components of
one crime as this was impelled by a single criminal intent. Is Y's contention tenable?
Reason.
Answer
Y's contention is not tenable. The 50 different informations for estafa filed against
Y refer to misappropriations of money on various dates representing amounts collected
on different dates from the customers of X. Misappropriation on each date is a separate
crime of estafa because it is motivated by an independent criminal impulse.
Misappropriations on different dates constitute several cases of estafa because each
misappropriation is generated by a distinct criminal resolution. This case refers to
material plurality of crimes as the different acts committed on different dates have
separate criminal resolutions which should result in different crimes which are judicially
independent. The charges cannot be mere components of one crime impelled by a single
criminal intent because the misappropriations were committed on various dates and not
on the same occasion. The different criminal acts have different criminal intent or
resolutions. In a continuous crime, the criminal acts arise from a single criminal intent or
resolution which is not susceptible of division. (Gamboa, et al. vs. Court of Appeals, et
al., 72 O.G. 3658),
Art 49; error in personae
1983 No. 12
Julius planned to do away with Mario, a business rival. With a bolo in hand,
Julius waited in ambush at a dark alley where Mario used to pass every night on his way
home. When a figure came by, Julius struck him with the bolo again and again, thinking
that he , was Mario. It turned out that the victim was Julius' own father who had the same
general appearance as Mario.
What crime was committed? Citing applicable legal principles, for what crime
should Julius be punished?
Why?
Answer
The crime committed is parricide. The problem refers to mistake in identity
because the crime intended which is the killing of Mario, a business rival, is different
from the crime committed, which is the killing of the father of Julius, the
offender. Under Article 49 of the Revised Penal Code, the offender, however, will be
punished for the crime intended, which is murder, as the victim was ambushed at right
and therefore treachery attended the killing of the victim, the penalty of which is to be
imposed in its maximum period. The reason is the penalty for the crime committed which
is parricide prescribes a penalty higher than murder which the accused intended to
commit
Art 49; error in personae
1986 No. 7:
Roberto Cortez is the general manager of the family corporation. Because of his
incompetence, inability to control his temper, and frequent quarrels with employees, his
father finally decided to dismiss him. As Roberto was about to leave his office at six
o'clock in the evening, his father went to his room, lambasted and fired him in the
presence of several members of the office staff. Thoroughly enraged, Roberto ran out of
the office, and, deciding to get even, waited at the exit of the parking lot where his father
always passes at the close of each working day.
A few minutes later, Roberto saw his father's car approach. He fired his pistol in
the direction of the driver thinking that the latter was his father. The man died instantly.
Unknown to Roberto, the victim of his fire was Taga-hatid, a company messenger whom
the father had instructed to drive his car home. Roberto surrendered to the authorities.
(a) After investigation, the fiscal filed an information against Roberto for
murder. He alleged that the killing was characterized by treachery as the victim was
ambushed. Roberto's counsel insists that if any crime was committed, it should only be
homicide attended by mitigating circumstances. Was the killing characterized by
treachery? Explain.
(b) The penalty for parricide is reclusion perpetua to death. The penalty for
murder is reclusion temporal in its maximum period to death. The penalty for homicide is
reclusion temporal. Assume that you are the trial judge. Given the circumstances cited
above, state the offense committed by Roberto Cortez and impose the correct penalty
under circumstances. Explain why you have decided to impose this penalty.
Answer:
a. Murder is the crime committed qualified by treachery. The fact that the
victim was ambushed shows that the accused deliberately and consciously adopted a
means to insure specially and directly the commission of the crime without any risk
from any defense that the person attacked might make.
b. The offense committed by Roberto Cortez is murder. The penalty will be
for murder to be imposed in its maximum period. The reason is murder which is the
crime committed is different from the crime intended, the killing of the father of
Roberto Cortez, which is parricide. This is a case of mistake of identity. The rule is if the
penalty for the crime intended is higher than the penalty for the crime committed, the
offender will be liable for the crime committed, but the penalty which shall be imposed is
in its maximum period (Art. 49, par. 2, Revised Penal Code).
Art 49; error in personae; murder & parricide
1986 No. 7:
 Roberto Cortez is the general manager of the family corporation. Because of his
incompetence, inability to control his temper, and frequent quarrels with employees, his
father finally decided to dismiss him. As Roberto was about to leave his office at six
o'clock in the evening, his father went to his room, lambasted and fired him in the
presence of several members of the office staff. Thoroughly enraged, Roberto ran out of
the office, and, deciding to get even, waited at the exit of the parking lot where his father
always passes at the close of each working day.
A few minutes later, Roberto saw his father's car approach. He fired his pistol in
the direction of the driver thinking that the latter was his father. The man died instantly.
Unknown to Roberto, the victim of his fire was Taga-hatid, a company messenger whom
the father had instructed to drive his car home. Roberto surrendered to the authorities.
(a) After investigation, the fiscal filed an information against Roberto for
murder. He alleged that the killing was characterized by treachery as the victim was
ambushed. Roberto's counsel insists that if any crime was committed, it should only be
homicide attended by mitigating circumstances. Was the killing characterized by
treachery? Explain.
(b) The penalty for parricide is reclusion perpetua to death. The penalty for
murder is reclusion temporal in its maximum period to death. The penalty for homicide is
reclusion temporal. Assume that you are the trial judge. Given the circumstances cited
above, state the offense committed by Roberto Cortez and impose the correct penalty
under circumstances. Explain why you have decided to impose this penalty.
Answer:
a. Murder is the crime committed qualified by treachery. The fact that the
victim was ambushed shows that the accused deliberately and consciously adopted a
means to insure specially and directly the commission of the crime without any risk
from any defense that the person attacked might make.
b. The offense committed by Roberto Cortez is murder. The penalty will be
for murder to be imposed in its maximum period. The reason is murder which is the
crime committed is different from the crime intended, the killing of the father of
Roberto Cortez, which is parricide. This is a case of mistake of identity. The rule is if the
penalty for the crime intended is higher than the penalty for the crime committed, the
offender will be liable for the crime committed, but the penalty which shall be imposed is
in its maximum period (Art. 49, par. 2, Revised Penal Code).
Art 62; Habitual delinquency
1991 No, 6:
A was charged with homicide. During the trial, un-contradicted evidence
consisting of medical certificates were presented showing that the accused had sustained
injuries in ten (10) previous occasions while engaged in fisticuffs with different persons.
He was also confined at the National Mental Hospital for mental ailment diagnosed as
"homicidal and suicidal instincts." During his second confinement thereat, he escaped.
Upon conviction, the prosecutor objected to the application of the Indeterminate
Sentence Law contending that the accused is a habitual delinquent and an escapee from
the National Mental Hospital.
 If you are the Judge, rule on the objection.
Answer:
The objection should be overruled. A could not be legally considered a habitual
delinquent. Habitual delinquency cannot be validly invoked without being alleged in the
Information and proven during the trial. Besides there is no indication that A was
convicted within ten (10) years from last conviction or release, three times or oftener of
the crimes of robbery, theft, estafa, physical injuries or falsification.
Being an escapee from the Mental Hospital will not disqualify him from the
application of the ISL as Section 2 thereof contemplates having escaped from
confinement or evaded sentence. Confinement presupposes imprisonment by virtue of a
final judgment.
Art 62; Habitual delinquency & recidivism
2001 No III
Juan de Castro already had three (3) previous convictions by final judgment for
theft when he was found guilty of Robbery with Homicide. In the last case, the trial Judge
considered against the accused both recidivism and habitual delinquency. The accused
appealed and contended that in his last conviction, the trial court cannot consider against
him a finding of recidivism and, again, of habitual delinquency. Is the appeal
meritorious? Explain. (5%)
SUGGESTED ANSWER:
No, the appeal is not meritorious. Recidivism and habitual delinquency are
correctly considered in this case because the basis of recidivism is different from that of
habitual delinquency.
Juan is a recidivist ...
Habitual delinquency, which brings about an additional penalty when an offender
is convicted a third time or more for specified crimes, is correctly considered because
Juan had already three (3) previous convictions by final judgment for theft and again
convicted for Robbery With Homicide. And the crimes specified as basis for habitual
delinquency includes, inter alia, theft and robbery.
Art 62; Habitual delinquency vs recidivism
1986 No. 5:
Give at least four distinctions between habitual delinquency and recidivism. Can
a person be a habitual delinquent without being a recidivist? Explain.
Answer:
The four distinctions between habitual delinquency and recidivism are:
1. In habitual delinquency, the crimes are specified, which are robbery, theft,
estafa, falsification, serious and less serious physical injuries. In recidivism, the crimes
are embraced in the same title of the Revised Penal Code.
2. In recidivism, no period of time is fixed between the former conviction
and the last conviction. In habitual delinquency, conviction of any of the specified
crimes must take place within 10 years from the last conviction or release.
 3. In recidivism, it is enough that there be a second conviction of any crime
embraced in the same title of the last or the first crime. In habitual delinquency, there
must be at least a third conviction of any of the specified crimes.
4. Recidivism is an aggravating circumstance and if not offset serves to
increase the penalty. Habitual delinquency provides for the imposition of an
additional penalty.
There may be habitual delinquency without recidivism if the three convictions
refer to crimes not embraced in the same title Code, like, robbery in the first
conviction, a crime against property, falsification, the second conviction, a crime
against public interest and serious physical injuries, the third conviction, a crime
against persons.
Art 80; Suspension of sentence; minors
2003 No VIII.
(a) A was 2 months below 18 years of age when he committed the crime. He
was charged with the crime 3 months later. He was 23 when he was finally convicted
and sentenced. Instead of preparing to serve a jail term, he sought a suspension of the
sentence on the ground that he was a juvenile offender Should he be entitled to a
suspension of sentence? Reasons. 4%
(b) Can juvenile offenders, who are recidivists, validly ask for suspension of
sentence? Explain. 4%
SUGGESTED ANSWER:
(a) No, A is not entitled to a suspension of the sentence because he is no
longer a minor at the time of promulgation of the sentence. For purposes of suspension
of sentence, the offender's age at the time of promulgation of the sentence is the one
considered, not his age when he committed the crime. So although A was below 18
years old when he committed the crime, but he was already 23 years old when
sentenced, he is no longer eligible for suspension of the sentence.
(b) Yes, so long as the offender is still a minor at the time of the
promulgation of the sentence. The law establishing Family Courts, Rep. Act 8369,
provides to this effect: that if the minor is found guilty, the court should promulgate the
sentence and ascertain any civil liability which the accused may have incurred.
However, the sentence shall be suspended without the need of application pursuant to
PD 603, otherwise known as the "Child and Youth Welfare Code" (RA 8369, Sec. 5a),
It is under PD 603 that an application for suspension of the sentence is required and
thereunder it is one of the conditions for suspension of sentence that the offender be a
first time convict: this has been displaced by RA 8369.