PURPOSE OF THIS ARTICLE

 This article is intended to favor the culprit.

 A complex crime is only ONE crime. Only ONE criminal intent. Only ONE penalty (Maximum Period).
 Complex crimes exist only in cases where the Code has no specific provision penalizing the same with defined
specific penalty.

“When a single act constitutes two or more grave or less grave felonies”

 Requisites:
1. A single act is performed by the offender
2. The offender has only one criminal intent
3. Commission of at least two crimes
4. (Compound Crime) When a single act constitutes two or more grave or less grave felonies
5. (Complex Crime Proper) When an offense is a necessary means for committing the other

 Two or more grave / two or more light / one grave and one light felony

 Examples of complex crimes done by a SINGLE PERSON:

 SAME BULLET (People v. Pama, C.A., 44 O.G. 3339) = Fired a single shot and killed two persons
standing on the same line of the direction of the bullet.
 DEATH OF FETUS (People v. Lopez, G.R. No. 136861, November 15, 2000) = stabbed and killed the
victim as well as the fetus in the womb of the victim (crime of murder with abortion)

 HAND GRENADE (People v. Guillen, 85 Phil. 307, 308) = throwing a highly explosive hand grenade to
murder President Roxas resulting to death and injuries of others. Penalty is death.
 TIME BOMB (People v. Largo, 99 Phil. 1061-1062 [Unrep]) = complex crime of multiple murder and
destruction of property.
 SUBMACHINE GUN (People v. Buyco, 80 Phil. 58, 67-69) = Single pull of trigger fired several bullets
automatically in succession.

 Requisites of complex crimes done by a GROUP OR SEVERAL PERSONS (ACT OF EXECUTION):

1. The single act or offense involves several persons in the execution of the complex crime.
2. There is only a single purpose and motive.
3. When it is impossible to ascertain and there is no evidence at all to show the number of persons killed by
each of several defendants. (single-criminal-impulse, same motive, single-purpose theories may apply)

 Examples of complex crimes done by GROUP OR SEVERAL PERSONS:

 ACT OF EXECUTION (People v. Sanidad, G.R. No. 146099, April 30, 2003) = Several people shot and
killed several different people. Where a conspiracy animates several persons with a single purpose, their
individual act, the act of execution, giving rise to a single complex offense.
  OBEDIENCE TO AN ORDER (People v. Lawas, G.R. L-7618, June 30, 1955 Phil. 974 [Unrep]) – Shot
and killed several Moros upon the order of Lawas. Acts resulted from a single criminal impulse,
constitutes a single offense. Penalty is in the maximum period.

“When an offense is a necessary means for committing the other.”

 Requisites:
1. That at least two 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.

 Other Examples of Complex Crimes:

 Complex Crime of homicide with less serious physical injuries through reckless imprudence (People v.
Castro, 40 O.G., Supp. 12, 83).
 Usurpation of official function and a simple seduction. (U.S. v. Hernandez, 29 Phil. 109).
 Forcible abduction and rape (People v. Manguiat, 51 Phil. 406).
 Complex crime of estafa through multiple falsifications (People v. Gallardo, C.A., 52 O.G. 3103).

NOT WITHIN THE SCOPE OF ARTICLE 48

 Article 48 does not apply in special complex crimes (Art. 266-B) such as:
a. Robbery with homicide (Art. 294, par. 1)
b. Robbery with rape (Art 294, par. 2)
c. Kidnapping with serious physical injuries (Art. 267, par. 3)
d. Kidnapping with murder or homicide (Art. 267, last par.)
e. Rape with homicide (Art. 335)

 Arson with homicide. Under Article 320 of R.P.C.

 In murder where the killing of a person is qualified by the circumstances that it was committed by means of fire or
by means of explosion (Art. 248, par. 3), such are Article 321 (arson) and Article 324 (crimes involving
destruction), THERE IS NO COMPLEX CRIME. THE CRIME IS MURDER.

 No complex crime when trespass to dwelling is a direct means to commit a grave offense. (Ex.: People v.
Abedosa, 53 Phil. 788, 791 – Aggravating Circumstance).
 No complex crime, when one offense is committed to conceal the other. (Ex.: U.S., v. Greta, 43 Phil. 1009, 1013 –
Two crimes were committed, the falsification was a means to conceal, not to commit, the malversation).
 No complex crime where one of the offense is penalized by a special law. (Ex.: administrative code and the penal
code).
 No complex crime of rebellion with murder, arson, robbery, or other common crimes.
 WHO WILL TRY THE COMPLEX CRIME

The court of higher jurisdiction shall try the complex crime. If when two crimes produced by a single act are
respectively within the exclusive jurisdiction of two courts of different jurisdiction.

RELEVANT WORDS WITH DEFINITION AND OTHER GENERAL TERMS

 Two kinds of complex crimes (but generally, both are called complex crimes):
1. (Compound Crime) = When a single act constitutes two or more grave or less grave felonies
2. (Complex Crime Proper) = When an offense is a necessary means for committing the other
 Light felonies produced by the same act should be treated and punished as separate offenses. (Example: Vehicle
collision and accident by slight physical injuries.)
 Light felonies produced by the same act may be absorbed by the grave felony especially when the crime is
committed by force or violence. Examples:
 DIRECT ASSAULT = slight physical injuries to person in authority or agent is absorbed to direct assault.
 The crime of slight physical injuries is absorbed in the crime of rape.

 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. Two kinds of pluraility of crimes:
1. Formal or ideal plurality = one criminal liability
2. Real or material plurality = each act performed by the offender constitute a separate crime, because each act
is generated by a criminal impulse.
 Continued crime (continuous or continuing) = is a single crime, consisting of a series of acts but all arising
from one criminal resolution.
Ex.: A thief stole from a warehouse two game roosters belonging to two different persons, commits only one
crime, as held that there is a unity of thought (People v. De Leon, 49, Phil. 437, 439-441).
 Transitory crime = “moving crime” differentiated from continued crime in determining the venue where the
offenders could be prosecuted.

 When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the
penalty of imprisonment should be imposed.
 One information should be filed when a complex crime is committed.