ARTICLE 48.

COMPLEX CRIMES

CANITES, GINO ANGELO A.

BS CRIM 3-1
Article 48. Penalty for Complex
Crimes
Penalty for complex crimes. - When a single act constitutes two or
more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime
shall be imposed, the same to be applied in its maximum period.
 Instead of suffering distinct
penalties for every resulting crime,
he is only punished for the
maximum period of the most
Article 48 is serious crime

intended to favor
the culprit Principle of pro reo in criminal law.
In dubio pro reo. When in doubt, for
the accused

Note: If by complexing the crime, the penalty would turn out to be higher, do not complex anymore
 2 types of Complex Crimes
under Article 48

COMPOUND COMPLEX CRIME

CRIME PROPER

When a single act When an offense is

constitutes two or a necessary means
more grave or less for committing the
grave felonies other
 A.
That only a single (1) act is performed by the
offender

Compound B.
That the Single Act produces:
Crime two or more grave felonies
one or more grave felonies and one or more
Delito Compuesto, when a single act produces
less grave felonies
two or more crimes.
two or more less grave felonies
example:
The single act of pitching or rolling the hand
grenade on the floor of the gymnasium
which resulted in the death of one person
and injuries to others. The accused was
convicted of murder with multiple attempted
murder and was sentenced to suffer
reclusion perpetua without eligibility for
parole (People v. Mores, June 26, 2013).
 1. WHEN 2 PERSONS ARE KILLED ONE
AFTER THE OTHER, BY DIFFERENT
ACTS

No "single act" Ex: Z shot A in the head and then

stabbed B in the throat with a
knife. A and B died. Z is liable for 2
in the separate acts of killing

following 2. WHEN THE ACTS ARE

cases: WHOLLY DIFFERENT

Ex: Z fires his gun twice killing A
and B
 Can a light felony be complexed with a
grave or less grave felony?
Answer: No, light offenses that are produced by the same act should be punished as
separate offenses or absorbed by the grave felony

Example: Reckless Imprudence resulting in the death of A and the B obtaining slight
physical injuries (also applicable to crimes through negligence)

It will be: Reckless Imprudence Resulting in Homicide, and Reckless Imprudence

Resulting in Slight Physical Injuries.

It will not be: Reckless Imprudence Resulting in Homicide and Slight Physical Injuries
 A.

At least 2 offenses are committed

Complex B.
That one or some of the offenses must be
Crime Proper necessary to commit the other
Delito Complejo, an offense is a necessary
means for committing the other
C.
That both or all of theses offenses must be
punished under the same statute

Note: the first offense must be consummated

IN THE 2ND REQUISITE

Necessary IS NOT EQUIVALENT to

Indispensable
NECESSARY MEANS INDISPENSABLE MEANS

Employed merely to It is an element of the

facilitate and ensure the crime and the crime
completion of the crime, cannot be done in other
but there are other ways ways without it
that the crime can be
consummated
 It is not a Complex Crime if the other crime is
done to conceal the other

ex. A killed B, and after killing him he burned his house to destroy
evidence.

A will be charged with two separate crimes, Homicide and Arson

 Complex Crime vs Composite
Crime/Special Complex crime
A Composite Crime is made up of more than 1 crime, but
which in the eyes of the law is only a single indivisible offense
(it is not a Complex Crime)

COMPLEX CRIME COMPOSITE CRIME

2/more crimes punished in different RPC
provisions
penalty for the most serious crime in
its maximum period
2/more crimes which are considered
as components of a single indivisible
crime
penalty specifically provided by law

separates a light felony absorbs a light felony

 IN CASE OF CONTINUING CRIMES

WHEN ONE OFFENSE IS COMMITTED TO

CONCEAL THE OTHER

WHEN THE OTHER CRIME IS AN INDISPENSABLE

No Complex ELEMENT OF THE OTHER OFFENSE

Crimes in the WHERE ONE OF THE OFFENSES IS PENALIZED BY

A SPECIAL LAW

following: WHEN THE LAW PROVIDES ONE SINGLE PENALTY

FOR SPECIAL COMPLEX CRIME
ROBBERY WITH HOMICIDE
ROBBERY WITH RAPE
RAPE WITH HOMICIDE
KIDNAPPING WITH SERIOUS PHYSICAL INJURIES
KIDNAPPING WITH HOMICIDE
-END OF PRESENTATION-