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APPLICATION OF PENALTIES (Article 48- Penalty for Complex Crimes) CONTENT OF THE STUDY

Introduction:

Under the Revised Penal Code of the Philippines, the application of penalties is something that is very important because it is the legal order to be executed in enforcing the writ order of penalties to the offender. Each felony committed by an offender has its own penalties if found guilty for the crime he committed but overall each felony has the same basis of criminal law to protect the people and to penalize the criminals. As a general rule, there are rules for the application of penalties under the Revised Penal Code of the Philippines and Chapter 4 of the Revised Penal Code provides the basic rules for the application of penalties. And the graduation of penalties by degrees or periods of crimes committed by the person had been categorized according to its degree of offense Consequently, criminal law sets procedures for arrests, searches and seizures, and interrogations. That only after being given the verdict then application of penalties shall follows. It also establishes the rules that are set in place for a trial and application of penalties for offenders. One of the penalties in the criminal law that to be considered is the complex crimewherein in criminal law, it creates an ambiguous determination by the investigator whether there is a complex crime committed or its only a single act of crime committed by the suspect. That although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. Hence, there is only one penalty imposed for the commission of a complex crime.

The underlying philosophy of complex crimes in the Revised Penal Code, which follows the pro reo principle, is intended to favor the accused by imposing a single penalty irrespective of the crimes committed. The rationale being, that the accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions. In the foregoing topics, complex crime shall be determined by its elements and how it is being called complex crimes in the criminal aspect of law. In criminal law some of the crimes are murder, rape, arson, and burglary which fall under the types of offenses they are criminal acts, The revised penal code itself is not a law, but can be used when a state is developing or revising its statutory codes. The Revised Penal Code is very important, because it sets some

boundaries in criminal law and has been used for many criminal statutes and has many legal formulations. When you talk about complex crime, there are persons who are criminally liable which may be the subject of the application of penalties to be penalized by the court. The penalty for complex crimes is one of the special circumstances separately treated by the Revised Penal Code for purposes of the application of penalties. Article 48 of the Revised Penal Code also provides that in case of complex crimes, "the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period." In a complex crime of double murder, the imposable penalty is death, instead of two death penalties for two counts of murder. However, with the abolition of the death penalty, the penalty is reduced to reclusion perpetua with no eligibility for parole. Under the provisions of the Revised Penal Code of the Philippines- Book One. The complex crime shall be classified and discussed according to the nature of felony or crime committed by the suspect as follows :

Complex crimes In a complex crime, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. Hence, there is only one penalty imposed for the commission of a complex crime. The underlying philosophy of complex crimes in the Revised Penal Code, which follows the pro reo principle, is intended to favor the accused by imposing a single penalty irrespective of the crimes committed. The rationale being, that the accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions. Kinds of complex crimes 1. Complex crime proper 2. Compound crime 3. Special complex crimes. Penalty of complex crimes Article 48 of the Revised Penal Code provides that: "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." Article 48 provides for two kinds of complex crimes, the compound crime and the complex crime proper. Under Article 48 of the RPC, a complex crime refers to (1) the commission of at least two grave or less grave felonies that must both (or all) be the result of a single act, or (2) one offense must be a necessary means for committing the other (or others). Negatively put, there is

no complex crime when (1) two or more crimes are committed, but not by a single act; or (2) committing one crime is not a necessary means for committing the other (or others). Complex crime proper A complex crime proper exists when an offense is a necessary means for committing the other. For instance, whenever a person carries out on a public, official or commercial document any of the acts of falsification enumerated in Article 171 of the RPC as a necessary means to perpetrate another crime, like estafa, theft, or malversation, a complex crime is formed by the two crimes. The falsification of a public, official, or commercial document may be a means of committing estafa, because before the falsified document is actually utilized to defraud another, the crime of falsification has already been consummated, damage or intent to cause damage not being an element of the crime of falsification of public, official or commercial document. In other words, the crime of falsification has already existed. Actually utilizing that falsified public, official or commercial document to defraud another is estafa. But the damage is caused by the commission of estafa, not by the falsification of the document. Therefore, the falsification of the public, official or commercial document is only a necessary means to commit the estafa. Estafa through Falsification of Commercial Documents. The issuance of the falsified credit certificates of time deposit (CCTD) for the sole purpose of obtaining or purchasing various machinery and equipment amounts to the criminal offense of estafa under Article 315 (2)(a) of the RPC. The accused falsified the subject CCTDs, which are commercial documents, to defraud the victim. The falsification of the CCTDs was the necessary means for the commission of estafa. Compound crime A compound crime exists when a single act constitutes two or more grave or less grave felonies. The classic example of the first of kind is when a single bullet results in the death of

two or more persons. A different rule governs where separate and distinct acts result in a number killed. Deeply rooted is the doctrine that when various victims expire from separate shots, such acts constitute separate and distinct crimes. In the landmark case People vs. Guillen, the Court held that the single act of throwing a grenade at President Roxas resulting in the death of another person and injuring four others produced the complex crime of murder and multiple attempted murders. Under Article 248 of the RPC, murder is committed when a person is killed by means of explosion. Applying Article 48 of the RPC, the penalty for the crime committed is death, the maximum penalty for murder, which is the graver offense.] In People vs. Carpo et al., we held that the single act of hurling a grenade into the bedroom of the victims causing the death of three persons and injuries to one person constituted the complex crime of multiple murder and attempted murder. In People vs. Comadre, the single act by appellant of detonating a hand grenade may quantitatively constitute a cluster of several separate and distinct offenses, yet these component criminal offenses should be considered only as a single crime in law on which a single penalty is imposed because the offender was impelled by a "single criminal impulse" which shows his lesser degree of perversity. In People vs. Gaffud, Jr., the single act of burning a house, with the main objective of killing the victim and his daughter, resulting in their deaths, resulted in the complex crime of double murder. Thus, in People vs. Yu, G.R. No. L-13780-January 28, 1961, the special complex crime of rape with homicide is committed by the accused who, while raping a 6 year old girl, strangled her to death in order to silence her. The accused was sentenced to death.

Penalty for complex crimes The penalty for complex crimes is one of the special circumstances separately treated by the Revised Penal Code for purposes of the application of penalties. Article 48 of the Revised Penal Code also provides that in case of complex crimes, "the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period." In People vs. Gaffud, Jr., the single act of burning a house, with the main objective of killing the victim and his daughter, resulting in their deaths, resulted in the complex crime of double murder. In a complex crime of double murder, the imposable penalty is death, instead of two death penalties for two counts of murder. However, with the abolition of the death penalty, the penalty is reduced to reclusion perpetua with no eligibility for parole. Special complex crimes Qualified carnapping or carnapping in an aggravated form. When the owner, driver or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof - the penalty of reclusion perpetua to death shall be imposed. The killing (or the rape) merely qualifies the crime of carnapping. The carnapping and the killing (or the rape) may be considered as a single or indivisible crime or a special complex crime which, however, is not covered by Article 48 of the Revised Penal Code. See AntiCarnapping Act of 1972. Robbery with Homicide is a single indivisible crime punishable with reclusion perpetua to death under paragraph 1, Article 294 of the Revised Penal Code. The presence of treachery as a generic aggravating circumstance would have merited the imposition of the death penalty. However, in view of the subsequent passage of Republic Act No. 9346, the proper penalty is reclusion perpetua without eligibility for parole.

Special complex crime of Rape with Homicide. Article 335 of the Revised Penal Code in relation to Republic Act No. 7659, provides that when by reason or on the occasion of the rape a homicide is committed, the penalty shall be death. However, in view of the passage on 24 June 2006 of R.A. 9346, the proper penalty is reclusion perpetua without eligibility for parole.(see Rape) Persons criminally liable A person who is liable for a felony is classified as a principal, accomplice or accessory. Penalty on principals The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony. Penalty to be imposed upon the principals when the crime committed is different from that intended In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.

The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. Penalty on principals, frustrated crimes The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. Penalty on principals, attempted crimes A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. Accomplices Accomplices, penalty in consummated crimes The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony.[6] Accomplices, penalty in frustrated crimes The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. Accomplices, penalty in attempted crimes The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.

Exception to these rules: The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

Accessories Accessories, penalty in consummated felony The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. Accessories, penalty in frustrated felony The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. Accessories, penalty in attempted felony The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. Additional penalty to be imposed upon certain accessories Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. Exception to these rules:

The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. Graduation of criminal penalties For the purpose of graduating the penalties which are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, or when the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the following rules shall be observed: Single and indivisible When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. Divisible penalties / Two indivisible penalties When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. Two indivisible penalties and divisible penalty When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the

maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. Different periods in divisible penalties when the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective graduated scale. Application by analogy When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.

Graduated scales
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts, in applying such lower or higher penalty, shall observe the following graduated scales: Scale No. 1 1. Death 2. Reclusion perpetua 3. Reclusion temporal

4. Prision mayor 5. Prision correccional 6. Arresto mayor 7. Destierro 8. Arresto menor 9. Public censure 10. Fine Scale No. 2 1. Perpetual absolute disqualification 2. Temporal absolute disqualification 3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling 4. Public censure 5. Fine

Special rules for application of penalties There are special rules that apply in certain circumstances, including: Complex crimes Impossible crimes

CONCLUSION : The application of penalties under the Revised Penal Code; has set up an important provisions in the law. It provides a judiciary power on how to impose the application of penalties among offenders and violators of the criminal law. The imposition of penalties has its significant especially to the offender which may be served as a threat or deterrent to all criminals in committing a crime; and that could probably prevent them to commit complex crimes. In the application of penalties under Article 48 complex crimes, applies if a single act constitutes two or more grave and less grave felonies or when an offense is a necessary means of committing another; the law should applied the death penalty instead and not suppose to reduce the penalty to reclusion perpetua. The abolition of death penalty becomes favorable to rude criminals when it was abolished. Because if they were caught and penalized by the law, penalty on its maximum term may be reclusion perpetua, which is better that facing the death penalty in a shorter period of time. In the Philippines, crimes are already rampant and killings of innocent victims all over the place of the country are always the subject of the media. Thus, it has been observe that security and protection in the streets, public places and even our own residence are no longer safe, because criminals are just around the corners looking for their victims. And policemen who are bound to protect and serve the community are neither reliable in terms of peace nor emergencies. At present generation, guns for hire or riding in tandem consider their criminal act as livelihood because they were receiving money out of it.

Optimistically, if death penalty shall be restored from the basis of legal intent; crimes will be controlled and eradicated within the bounce of the law. Definitely, the effect on peconomic status of our country and progress shall be acquired. Moreso, the life of the innocent people whom subject of incidental killing shall be spared. Ideally, let us uphold the law as what the other countries have been doing in developing their state; by means of discipline, imposition of justice and penalties to all offenders. Let the legislative body formulate and enact laws that make the law stronger and powerful like what other countries are doing even their own members of its nationality are subject to its penalties. With this personal views, with due respect to our legislators, it is recommended that imposition of death penalty shall be restored by the legislative bodies to criminals who committed the complex crimes. This is not only for our personal protection, but it has a great impact in the economic progress of our country. The incident of complex crimes poses negative attraction to our prospective investors in the state and that makes our country still under the stage of developing country.

TERM PAPER IN CRIMINAL LAW Submitted by : MARCELINO P. FERNANDEZ JR.

2ND Year Law Student College of Law URDANETA CITY UNIVERSITY

Submitted to : Justice ARTERMIO G. TUQUERO Dean, College of Law Urdaneta City University