Two kinds of Complex crime under art.

48 *complex crimes apply to imprudence *where one of the resulting offenses in criminal negligence constitutes a light felony, NO complex crimes and may be treated as separate or the LF may be absorbed by the grave felony Elements: Example Compound crime (delito Single act is committed Single bullet successively killing compuesto) two victims Resulted to 2/more grave and/or less * but not in case of an automatic grave felonies sub-machine gun in view of its special Penalty is for the most serious in the characteristics maximum period Complex crime proper ( delito When one offense is necessary to Falsification of the check was complejo) commit another. Two crimes thus necessary to commit qualified committed comprise one complex theft, resulting in a complex crime. crime of Qualified Theft thru Falsification of Commercial Document (P v. Salonga) Cases where commission of two crimes will NOT result to complex crime proper: 1. A crime to conceal another for the law requires a crime to commit another NOT TO CONCEAL the other crime 2. A crime which is an element of the other in that case, the former shall be absorbed by the latter. Ex. Trespassing which is an element of robbery A crime which has the same element as the other crime committed. Ex. Estafa & falsification of private document have the same element of damage thus cannot give rise to two crimes. the same place & all the overt acts violate one & the same provision of law. * may be applied to special law

Single Larceny Doctrine taking several things, whether belonging to the same or different owners, at the same time & place constitute but one larceny. NOT APPLICABLE: st -2 estafa cases committed in different occasions. 1 on the period of 1955 and the other on 1956 (P v. Dichupa) 3. Continuing Crime it is one where any of the elements of the offense was committed in different localities such that the accused may be indicted in any of those localities - may also refer to any offense which is continuing in time.

3.

Where the intent is really to commit the second st crime but the 1 act is incidental to the commission nd of the 2 crime. st Ex. 1 crimetaking of woman (abduction) nd 2 crime to rape her Thus, taking away of a woman is merely incidental to a crime of rape. Hence, it is not complex crime of abduction with rape but only simple rape.

4.

Applying Articles 50-57 in relation to Art. 61 TABLE OF REDUCTION

of penalties by degrees considering the participation in & in the stage of accomplishment of a felony

OTHER KINDS OF PLURALITY OF CRIMES WHERE A SINGLE PENALTY IS IMPOSED: 1. Composite Crimes/ Special Complex crimes those that are treated as single indivisible offenses although in reality are made up of more than one crime.

Principal Accomplice accessory

Consummated As provided -1 -2

Frustrated -1 -2 -3

Attempted -2 -3 -4

Example: in consummated homicide Principal reclusion temporal Accomplice (one degree lower) prision mayor Accessory (2 degrees lower) prision correccional

2.

Continued Crime (delito continuado) the offender, impelled by a single criminal impulse. Commites a series of overt acts at about the same time in about

RULES OF GRADUATING PENALTIES (Art. 61) RULE 1: single & indivisible the penalty next lower in degree shall be that immediately following that indivisible penalty Only one indivisible penalty reclusion perpetua , next lower in degree is reclusion temporal RULE 2: two indivisible penalties (no longer operative because of the abolition of death pursuant to RA 9346) or one/more divisible penalties to be imposed to their full extent next lower in degree shall be that immediately following the LESSER of the penalties prescribed. Penalty is prision mayor to reclusion temporal , next lower in degree in PM is prision correccional

STEP 3: add 2 years to the beginning of each period Thus, Minimum = 6 years + 2 =6 years 1 day to 8 years Medium = 8 years +2 = 8 yrs 1 day to 10 years Maximum = 10 years + 2 = 10 years 1 day to 12 years

INDETERMINATE SENTENCE LAW Who are disqualified? (sec. 2 ISL) Penalties and offenses: P-iracy R-rebellion I-imprisonment (max. period does not exceed 1 yr.) E-spionage S-edition T-reason (proposal/conspiracy & misprision) Offenders: H-abitual delinquents E-scaped from confinement V-violators of conditional pardon E- vaded the sentence And reclusion perpetua People v romua It is art. 63 and not ISL which provides in all cases in which the law prescribes a single and indivisible penalty, it shall be applied by the court regardless of any MC/AC that may have attended the commission of the deed. PROBATION LAW Who are disqualified offenders? G-ranted probation A-lready serving sentence P-revious conviction (imprinsonment of not less than 1 mon & 1 day or fine not less than 200 P-erfected an appeal I-imprinsonment of more than 6 years N-ational securities/public order (conviction of) S-ubversion TOTAL EXTINCTION OF CRIMINAL LIABILITY (89) M- arriage A-amnesty P-rescription of crime P-rescription of penalty A-bsolute pardon D-eath (civil liability shall be extinguished before final judgment) S-ervice of sentence *express repeal of penal law will also extinguish criminal liability subject to provisions of Art. 22, as the act is decriminalized.

RULE 3: one or two indivisible penalties & the maximum period of another divisible penalty next lower in degree shall be composed of the medium & minimum periods of the proper divisible penalty & the max period of that immediately following. Reclusion temporal, maximum to reclusion perpetua, next lower is prision mayor maximum to reclusion temporal medium RULE 4: composed of several periods, corresponding to different divisible penalties penalty next lower in degree shall be composed of the period immediately following the minimum prescribed & of the two next following, which shall be taken from the penalty prescribed. If penalty is PM medium to RT minimum, the penalty next lower in degree shall likewise composed of different divisible penalties, thus, PC medium to PM minimum

RULES WHEN THE PENALTY IMPOSED IS DIVISIBLE (64) Modifying Circumstance Proper Period No AC and no MC Medium MC only Minimum AC only Maximum Some of both present Offset then apply above rules 2 or more MC and no AC Lower the penalty by one degree in the proper period. HOW ARE THE PERIODS OF A DIVISIBLE PENALTY COMPUTED (76) STEP 1: end period minus beginning STEP 2: divide by 3 periods the duration STEP 3: add quotient in step 2 to the beginning of each period Example: prision mayor with a period of 6 years 1 day to 12 years STEP 1: 12 years 6 years = 6years STEP 2: 6 years/3 = 2 years

Pardon by president
Extinguish criminal liability but not civil Given after final judgment *does not extend to cases of impeachment

v. Pardon by the offended

Does not extinguish liability except by valid marriage Must be given prior to the institution of the criminal case *266-A now allows pardon even after final judgment

Commits another crime before the expiration of the period of prescription

PRESCRIPTIVE PERIODS OF FELONIES Reclusion perpetua 20 years Reclusion Temporal, disqualification and 15 years prision mayor Prision Correccional, suspension and destierro 10 years Arresto mayor 5 years Arresto Menor, public Censure 1 year

AMNESTY APPLICATION EFFECT

To political crimes & offenders Obliterates the effects of conviction as if the act was not criminal Concurrence required Even before conviction A class of person Public act of the President; courts must take judicial notice

PARDON
Ordinary crimes & offenders Relieves the offender from consequences of an offense of which he has been convicted Not needed After final conviction Specific individual Private act; no judicial notice PRESCRIPTION OF CRIME Loss of right to prosecute the offender Prosecution has not yet begun Culprit may not have been apprehended or taken into custody yet Condition precedent is the discovery of the crime PRESCRIPTION OF PENALTY Loss of the right to enforce the penalty Trial on the merits has already been concluded The convict has been under the custody of the law Evasion of the service of the sentence

CONGRESS WHEN GIVEN BENEFICIARY NATURE

PARTIAL EXTINCTION OF CRIMINAL LIABILITY (94) C-onditional pardon (does not extinguish civil liability) C-ommutation of the sentence G-ood conduct allowance which the culprit may earn while he was serving his sentence In addition: P-arole under ISL P-robation under PD 968 P-artial repeal of penal law

PRESCRIPTION OF CRIMES (91) - the running period starts from the discovery of the crime by the : (list is exclusive) Offended party- (Rule 110 Sec.12) the person against whom or against whose property the offense was committed. Authorities Their agents -period is interrupted by the filing of complaint or information OR when the offender is out of the country. * trips that were very brief and in every case,the private respondent returned to the Philippines would not qualify as absence in Art. 91 PRESCRIPTION OF PENALTY (92) -becomes operative when the convict escapes from detention or evades the service of sentence. The tolling period of prescription of penalty occurs when the convict: Give himself up Is captured Goes to another country with which the Philippines has no extradition treaty