ARTICLE

48
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.
• The 2 or more grave or less grave felonies must
be the result of a single act, or an offense must
be a  necessary means to commit the crime.

• Complex crime – one crime only as there is only

one criminal intent – only one information need
be filed
2 KINDS OF
COMPLEX
CRIMES
COMPOUND
CRIME -single act constitutes 2 or more grave or
less grave felonies
Requisites:
1. That only a single act is performed by
the offender
2. That the single act produces:
a)      2 or more grave felonies
b)      one or more grave and one or
more less grave felonies
c)       2 or more less grave felonies
Examples:
1. A single bullet killing two persons [ People v.Pama, C.A., 44 O.G.
3339 (1992)]

2. The act of raping a girl, causing her physical injuries which

required medical attention for about 20 days. This is a complex
crime of rape with less serious physical injuries.[
U.S. v. Andaya 34 Phil. 690 (1916)]
COMPLEX CRIME
PROPER
-when an offense is a necessary
means for committing another

Requisites:
1. That at least 2 offenses are committed
2. That one or some of the offenses must be
Necessary to commit the other
3. That both or all the offenses must be
punished under the Same Statute
● “Necessary means” does not mean “indispensable means”.

Indispensable would mean it is an element of the crime.

The crime can be committed by another mean. The means
actually employed (another crime) was merely to facilitate
and insure the consummation of the crime.
SPECIAL COMPLEX
CRIMES
In substance, there is more than one crime; but
from the eyes of the law, there is only one. The law
treats it as a single crime for which it prescribes a
single penalty. It is also called a composite crime.

Requisites:
1. 2 or more crimes are committed
2. But the law treats them as a Single, Indivisible, and
unique offense
3. Product of Single Criminal Impulse
Examples:

1. Robbery with Homicide [ Art. 294 (1)

2. Robbery with Rape [ Art. 294 (2)
3. Kidnapping with serious physical injuries[Art. 267 (3)
4. Rape with Homicide [ Art. 335)
 Compound Crime  Complex Crime Proper  Special Complex Crime
Definition
Single act constitutes two or  An offense is a necessary The law fixes one penalty for two or
more grave or less grave means to commit another more crimes committed.
felonies [Art. 48] offense [ Art. 48]

Requisites
1. That only a
Single act is performed by the
offender
2. That the single acts produces:
a. 2 or more grave felonies,or
b.1 or more grave and 1 or more
less grave felonies, or 2 or more
less grave felonies
Elements
Requisites:
1. That at least 2 offenses are
committed
2. That one or some of the
offenses must be
Necessary to commit the other
3. That both or all the offenses
must be punished under the
Same Statute.
Requisites:
1. 2 or more crimes are committed
2. But the law treats them as a
Single,
Indivisible, and unique offense
3. Product of Single
Criminal Impulse

Penalty for most serious crime
shall be imposed in its
maximum period
[Art. 48]
Imposable Penalty
Penalty for most serious crime That which is indicated in Penal Code
shall be imposed in its
maximum period [Art. 48]
There is NO COMPLEX CRIME in the
following:
1. In case of continuing crimes
2. When one offense is committed to conceal the other
3. When the other crime is an indispensable part or an element of the
other offenses as defined
4. Where one of the offenses is penalized by a special law
5. When the law provides one single penalty for special complex crime:
   a. Robbery with Homicide
   b. Robbery with Rape
   c. Rape with Homicide
   d. Kidnapping with Serious Physical Injuries
   e. Kidnapping with Homicide
PLURALITY OF
CRIMES
-consists in the
successive execution by
the same individual of
different criminal acts
upon any of which no
conviction has yet been
declared.
Kinds Of Plurality Of Crimes:
1. Formal or Ideal – only one criminal liability. Formal or ideal crimes are
further divided into three groups, where a person committing multiple
crimes is punished with only one penalty:
a. when the offender commits any of the complex crimes defined in
Art. 48
b. when the law specifically fixes a single penalty for 2 or more
offenses committed: robbery w/ homicide, kidnapping w/ serious physical
injuries
c. when the offender commits continued crimes
2. Real Or Material – there are different crimes in law as well as in the
conscience of the offender. In such cases, the offender shall be punished
for each and every offense that he committed
CONTINUED CRIME
● refers to a single crime consisting of a series of acts but all
arising from one criminal resolution. Although there is a series of
acts, there is only one crime committed, so
only one penalty shall be imposed.

A continued (continuous or continuing) crime is different from a

transitory crime. Transitory crime is “moving crime”.

Example: kidnapping someone for ransom and moving him to

another venue. The offenders can be prosecuted and tried in
either of the 2 areas.
Thank
you!