Complex Crimes.pdf

LIST OF COMPLEX CRIMES AND SPECIAL COMPLEX CRIMES UNDER THE REVISED PENAL CODE AND SPECIAL PENAL LAWS* COMPLEX CRIMES When an offense is a necessary means for committing the other, the penalty for the most serious crimes shall be imposed, the same to be applied in its maximum period (Article 48, Revised Penal Code). Note the requisites for there to be a complex crime: (1) crimes were committed as a necessary means for committing the other, (2) the crimes resulted from different acts committed under a single criminal resolution, and (3) crimes committed were punishable by the Revised Penal Code. Here are some examples of complex crimes proper: 1. Forcible abduction with rape How committed The two elements of forcible abduction, as defined in Article 342 of the Revised Penal Code, are: (1) the taking of a woman against her will and (2) with lewd designs. The crime of forcible abduction with rape is a complex crime that occurs when there is carnal knowledge with the abducted woman under the following circumstances: (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when the woman is under twelve years of age or is demented (People v. Garcia, G.R. No. 141125, February 28, 2002). Presence of subsequent acts of rape The crime of forcible abduction is only necessary for the first rape. Thus, the subsequent acts of rape [committed by his co-accused] can no longer be considered as separate complex crimes of forcible abduction with rape. They should be detached from and considered independently of the forcible abduction. Therefore, accusedappellant should be convicted of one complex crime of forcible abduction with rape and three separate acts of rape (id.). Stage of execution The rape must be consummated for the crime of forcible abduction with rape. There is no complex crime of forcible abduction with attempted rape or forcible abduction with acts of lasciviousness because the latter is a manifestation of lewd designs which is an element of forcible abduction. The crime will simply be forcible abduction (Boado, p.932). Forcible abduction absorbed in the crime of rape Rape is committed if the main objective of the appellant is to rape the victim; forcible abduction is absorbed in the crime of rape (People v. Godines, G.R. No. 93410, May 7, 1991; People v. El Akhtar, 130640, June 21, 1999). Here are possible crimes that can be committed with the forcible taking of a woman: (1) Forcible abduction if the taking is at its inception with lewd designs; forcible abduction with rape (complex crime proper) if she was raped thereafter. (2) Kidnapping if the purpose is to deprive the victim of her liberty; kidnapping with rape (special complex crime) if the woman was raped thereafter. (3) Rape only and the taking is absorbed if the taking is a means to carry out the intent to rape.

*Prepared by Jose Angelo A. David and Jansen F. Bernardo, 2013 San Beda Centralized Bar Operations – Special Notes for the 2013 Bar Examinations Adviser: Justice Mario V. Lopez

2. Estafa through falsification of documents a. If public, commercial or official documents Damage or intent to cause damage is not an element of falsification of commercial, public or official documents. As such, the concept of complex crime proper is applicable herein. (1) Estafa through falsification of public, commercial or official documents – if the falsification of a public, commercial or official document is committed as a means to commit estafa. (2) Estafa and falsification of public, commercial or official documents – two crimes are committed if falsification of public, commercial or official documents is not a necessary means to commit estafa but the former is used to conceal the latter. b. If private documents There is no complex crime of estafa through falsification of private document (Batulanon v. People, G.R. No. 139857, September 15, 2006). This is true even if the falsification is committed as a necessary means to commit estafa. Because of the common element of damage, the concept of complex crime under Article 48 is not applicable (Campanilla, p.928). (1) Falsification of a private document – if the falsification of a private document is committed as a means to commit estafa, the proper crime to be charged is falsification. (2) Estafa – if the estafa can be committed without the necessity of falsifying a document, the proper crime is estafa (People v. Batulanon, id.). Hence, if the falsification of a private document was used as a means to conceal the estafa, estafa is the proper crime to be charged (Campanilla, p.929). CRIMES WHICH IMPOSE OR ALLOW ADDITIONAL LIABILITIES TO BE IMPOSED Where the law prescribes two penalties for two crimes committed, one of which is in addition to the other, Article 48, which requires the imposition of a single penalty, will not apply (Campanilla, p.946). This is true even if the other crime was used as a necessary means of committing the other. Here are some examples of crimes which impose additional penalties or allow additional liabilities to be imposed: 1. Article 129 – Search warrants maliciously obtained, and abuse in the exercise of those legally obtained The penalty for violating Article 129 shall be in addition to the liability attaching to the offender for the commission of any other offense. The law imposes additional liability for the other crime resorted to by the public officer in obtaining the search warrant without probable cause (Boado, p. 396). Illustration: X, a police officer, applied for a search warrant for the house of Y. In his deposition by the judge made under oath, he stated that he saw Y bringing in sacks of marijuana to his (Y’s) house when in fact he did not have personal knowledge as to this fact. The application was granted and a search warrant was issued. Here, there are two crimes committed – (1) search warrants maliciously obtained, and (2) perjury.

Although perjury was used as a necessary means to maliciously obtain the search warrant, these crimes will not be complexed under Article 48. Instead, Article 128 provides that the offender shall suffer the penalty for violating Article 129 in addition to the liability attaching to the offender for the commission of any other offense. 2. Article 210 – Direct bribery The penalty for direct bribery (of the first type) shall be in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. When the act constitutes a crime and the same was accomplished, the penalty shall be for the bribery and for the crime committed (Boado, p. 554). Note here that there are two crimes committed – (1) bribery, and (2) the crime agreed upon, if committed. 3. Article 235 – Maltreatment of prisoners The penalty for maltreatment of prisoners shall be in addition to his liability for the physical injuries or damage caused. When a prisoner is maltreated, the crimes are for maltreatment under Article 235 and for the physical injuries suffered. The two crimes are not to be complexed (Boado, p. 614). Note here that there are two crimes committed – (1) maltreatment of prisoners, and (2) physical injuries. 4. Article 275 to Article 278 in relation to Article 279 – Abandonment of helpless persons and exploitation of minors The imposition of the penalties prescribed in Articles 275 to 287 shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by the Revised Penal Code. 5. Article 312 – Occupation of real property or usurpation of real rights in property The penalty for violating Article 312 shall be in addition to the penalty incurred for the acts of violence executed by him. The following discussion in People v. Hon. Alfeche, G.R. No. 102070, July 23, 1992, is enlightening: “Article 312 may also be considered as defining and penalizing the single, special and indivisible crime of occupation of real property or usurpation of real rights in property by means of violence against or intimidation of persons. It is likewise not a complex crime as defined under Article 48. However, while Article 294 (robbery) provides a single penalty for each class of crime therein defined, Article 312 provides a single, albeit two-tiered, penalty consisting of a principal penalty, which is that incurred for the acts of violence, and an additional penalty of fine based on the value of the gain obtained by the accused. This is clear from the clause "in addition to the penalty incurred for the acts of violence executed by him." For want of a better term, the additional penalty may be designated as an incremental penalty. What Article 312 means then is that when the occupation of real property is committed by means of violence against or intimidation of persons, the accused may be prosecuted under an information for the violation thereof, and not for a separate crime involving violence or intimidation. But, whenever, appropriate, he may be sentenced to suffer the penalty for the acts of violence and to pay a fine based on the value of the gain obtained.”

Illustration: Y owns a house and lot. In order to obtain possession thereof, X shot Y who was sitting on his porch, leading to the latter’s death. X thereafter took possession of the house and lot of Y. Here, there is only one crime committed – occupation of real property. However, he shall be sentenced to suffer two penalties: (1) for the homicide committed, and (2) to pay a fine based on the value of the gain obtained by him, which shall be an amount equivalent to 50 to 100 per centum of such gain, but in no case less than seventy-five (P75.000) pesos, provided, however, that if such value cannot be ascertained, the fine shall be from 200 to 500 (P200.00 to P500.00) pesos. 6. Article 330 – Damage and obstruction to means of communication If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act. 7. Anti-Graft and Corrupt Practices Act, Violation of R.A. 3019 (Section 3) The penalty for committing any of the acts in RA 3019 shall be in addition to acts or omissions of public officers already penalized by existing law. One may therefore be charged with violation of RA 3019 in addition to a felony under the Revised Penal Code for the same delictual act, that is, either concurrently or subsequent to being charged with a felony under the Revised Penal Code. There is no double jeopardy if a person is charged simultaneously or successively for violation of Section 3 of RA 3019 and the Revised Penal Code (Merencillo v. People, G.R. Nos. 142369-70, April 13, 2007). Hence, a person committing bribery (of the first kind) may be charged with (1) bribery, (2) the crime agreed upon, if committed, and (3) violation of RA 3019. Besides, Article 48 (on complex crime proper) will not apply because under Article 48, the crimes committed must both be punishable under the Revised Penal Code. 8. Anti-Bouncing Checks Law, Violation of B.P. 22 (Section5) Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code. Thus, prosecution for estafa does not preclude that for B.P. 22 (Boado, p. 870). Besides, Article 48 (on complex crime proper) will not apply because under Article 48, the crimes committed must both be punishable under the Revised Penal Code. 9. Illegal Recruitment, Violation of R.A. 8042 An estafa case does not bar a prosecution for illegal recruitment, since they are entirely different offenses and neither one necessarily includes or is necessarily included in the other. A person who is convicted of illegal recruitment may, in addition be convicted of estafa under Article 315 2(a) of the Revised Penal Code. There is no problem of jeopardy because illegal recruitment is malum prohibitum, in which the criminal intent is not necessary, whereas estafa is malum in se in which the criminal intent of the accused is necessary. The claim of double jeopardy, therefore, is patently without merit (People v. Billaber, G.R. Nos. 114967-68, January 26, 2004). Besides, Article 48 (on complex crime proper) will not apply because under Article 48, the crimes committed must both be punishable under the Revised Penal Code.

SPECIAL COMPLEX CRIMES Special complex crimes or composite crimes are those composed of two or more crimes for which the law fixes a specific penalty. As distinguished from a complex crime under Article 48, the law prescribes as many penalties as there are component crimes, but the court can only impose the penalty for the most serious crime applied in its maximum period (Campanilla, p.903). Below are examples of special complex crimes: 1. Qualified Rape, Article 266-B of the Revised Penal Code Note that some authors opine that the proper crime to be charged is “qualified rape”, while some opine that it should be “attempted rape with homicide” or “rape with homicide”, as the case may be. a. When the rape (conventional rape) is attempted and a homicide is committed by reason or on occasion of the rape, the penalty shall be reclusion perpetua to death. b. When by reason or on occasion of the rape (conventional rape), homicide is committed, the penalty shall be death. c. Whenever the rape (sexual assault) is attempted and a homicide is committed by reason or on occasion of the rape, the penalty shall be reclusion temporal to reclusion perpetua. d. When by reason or on occasion of the rape (sexual assault), homicide is committed, the penalty shall be reclusion perpetua. NOTE: There are ten other qualifying circumstances under the same Article 266-B. They have not been specified here because they do not constitute crimes in themselves (for purposes of calling them “special complex crimes”) but are either circumstances of the offender or the offended party, e.g. when the victim is a child below seven years old, when the victim is under the custody of the police or military authorities, etc. The penalty therefor is either death penalty (if conventional rape) or reclusion temporal (if sexual assault). 2. Robbery with violence or intimidation against persons (Article 294 of the Revised Penal Code) a. Robbery with homicide Penalty The penalty of reclusion perpetua to death shall be imposed, when by reason or on occasion of the robbery, the crime of homicide shall have been committed. How committed It is not necessary to show that the sole purpose was robbery and by reason thereof, homicide was committed. The law provides that there is robbery with homicide not only when “by reason” of the robbery, homicide is committed but also when “on the occasion” thereof homicide is committed (People v. Alberca, G.R. No. 117106, June 26, 1996). NOTE, however, that robbery must still be the main purpose and objective of the criminals and that the killing was merely incidental resulting merely by reason or on occasion of the robbery (People v. Alberca, G.R. No. 117106, June 26, 1996). Therefore, the homicide may be before or after the robbery, provided, the robbery is not a mere afterthought (People v. Pacapac, G.R. No. 90623, September 7, 1995). Stage of Execution Both robbery and homicide must be consummated.

If robbery is merely attempted or frustrated, but the homicide is consummated, the crime committed is attempted or frustrated robbery with homicide under Article 297. If robbery is merely attempted or frustrated, and the homicide is likewise only attempted or frustrated, there are two separate crimes as the case may be. b. Robbery with rape, intentional mutilation, or physical injuries penalized in subdivision 1 of Article 263 Penalty The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted How committed If the intention of the accused was to rob but rape was also committed even before the asportation the crime is robbery with rape. But if the original plan was to rape but the accused after committing the rape also committed robbery when the opportunity presented itself, the offenses should be viewed as separate and distinct. To be liable for the special complex crime of robbery with rape the intent (note: intent, not act) to take personal property of another must precede the rape (People v. Faigano, G.R. No. 113483, February 22, 1996). If rape is committed, and the victim is killed, and the place was robbed (with force upon things), the crimes are (1) rape with homicide, and (2) robbery. If they raped, then killed the victim and took properties from her possession (or without force upon things), the crimes are (1) rape with homicide, and (2) theft because the dead can no longer be intimidated. If the victim was robbed, then raped and then killed, robbery with homicide is committed; rape is absorbed. If the victim was raped, then robbed, and then killed, robbery with homicide is likewise committed, because she was still alive when the robbery was committed and homicide takes precedence over rape in the order of priority under Article 294 (Boado, p. 804). Rules as to the physical injuries The physical injuries must be serious and must fall under subdivision 1 of Article 263. As to this kind of physical injuries, it must be committed by reason or on occasion of the robbery. The victim of physical injuries here need not be the victim of the robbery because the law does not distinguish i.e. by reason or on occasion of the robbery. c.

Robbery with arson Penalty The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed when the robbery shall have been accompanied by arson. How committed In order to have robbery with arson, there must be violence or intimidation against persons first and thereafter, the premises were burned, and there is no

killing, rape or intentional mutilation. Take note of the sequence of priority of violence under Article 294 (Boado, p. 805). d. Robbery with physical injuries penalized in subdivision 2 of Article 263 Penalty The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted. Rules as to the physical injuries The physical injuries must be serious and must fall under subdivision 2 of Article 263. As to this kind of physical injuries, it must be committed by reason or on occasion of the robbery. To be held liable, the victim of physical injuries here need not be the victim of the robbery because the law does not distinguish i.e. by reason or on occasion of the robbery. e. Robbery committed with unnecessary violence or with physical injuries penalized in subdivision 3 and 4 of Article 263 Penalty The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23. Rules as to the physical injuries The physical injuries must be serious and must fall under subdivision 3 or 4 of Article 263. As to this kind of physical injuries, it must be committed when robbery was not yet consummated i.e. when in the execution of the robbery. If inflicted after the robbery was consummated, there are two separate crimes – simple robbery under Article 294, par. 5, and for the serious physical injuries (Boado, p. 806). To be held liable, the victim of physical injuries must not be the persons responsible for the crime. Therefore, if the persons injured are the robbers themselves, there is no robbery with physical injuries (id.). 3. Attempted and frustrated robbery committed under certain circumstances (Article 297 of the Revised Penal Code) When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code. To be held liable under this Article, the killer must be one of the robbers (note the phrase “the person guilty of such offenses”), unlike in Article 294 (People v. Manalili, G.R. No. 121671, August 1998). Note that in Article 294, the killer may not be one of the robbers as long as the homicide was committed “by reason or on occasion of” the robbery. However, similar to Article 294, the victim may be anyone, e.g. the victim of the robbery or the robbers themselves (Boado, pp.810-811).

4. Carnapping, Violation of R.A. 6539, as amended by R.A. 7659 Under Section 14 of R.A. 6539, as amended by R.A. 7659, the penalty of reclusion perpetua tp death shall be imposed 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. 5. Qualified Piracy, P.D. 532 Under Section 3, if physical injuries or other crimes are committed as a result of or on the occasion of piracy, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, the mandatory penalty of death shall be imposed. Note that there are other qualifying circumstances, i.e. when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel. In which case, the mandatory penalty of death shall also be imposed. 6. Qualified Highway Robbery, P.D. 532 Under Section 3, if physical injuries or other crimes are committed as a result of or on the occasion of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum shall be imposed. If kidnapping for ransom or extortion, or murder or homicide or rape is committed as a result or on the occasion of piracy, the penalty of death shall be imposed. 7. Kidnapping (Article 267 of the Revised Penal Code, as amended by R.A. 7659) The last paragraph of Article 267 provides that when the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty of death shall be imposed. Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought – the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as a separate crimes, but shall be punished as a special complex criime under the last paragraph of Article 267. However, where the taking of the victim was incidental to the basic purpose to kill, the crime is only murder, and this is true even if before the killing but for purposes thereof, the victim was taken from one place to another or even if there was a demand for ransom, such demand for ransom did not convert the crime into kidnapping (People v. Marajas, April 1993). a. Kidnapping with homicide The crime is denominated kidnapping with homicide. Homicide is used in its generic sense and includes murder because killing is not a crime but a qualifying circumstance. Regardless of the number of persons killed (who must be kidnap victims), there is only one crime of kidnapping with homicide. If other persons were killed, the killing is a separate crime (Boado, p.725). b. Kidnapping with rape c.

Kidnapping with physical injuries “Tortured or subjected to dehumanizing acts” results in kidnapping with physical injuries even if the physical injury inflicted is only slight (Boado, p.724).

8. Cattle Rustling, P.D. No. 533 Under P.D. No. 533, if a person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling, the penalty of reclusion perpetua to death shall be imposed. 9. Illegal Fishing, P.D. No. 534 Under P.D. No. 534, the penalty of imprisonment from 20 years to life, or death if explosives or obnoxious or poisonous substances are used in fishing or use of such substances results in the loss of human life.

Complex Crime or Delito Complejo

Compound Crime or Delito Compuesto

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

When a single act constitutes, (a) two or more grave felonies, (b) two or more less grave felonies, (c) one or more grave and one or more less grave felonies.

The penalty is not specific but is for the most serious crime.

Composite Continued Crimes Crimes or or Continuous Special Crime or Delito Complex Continuado Crimes CONCEPT These are The offender is crimes which impelled by a single in the eyes of criminal impulse but the law are committed a series treated as of overt acts at single about the same indivisible time in about the offenses same place and all although in the overt acts reality are violate one and the made up of same provision of more than one law. crime. Characterized by the “foreknowledge rule” wherein the perpetrator must have an idea of the outcome of his acts. PENALTY The penalty is Single penalty for specified in the crime the RPC. committed regardless of the plurality of the acts.

Continuing Crimes or Transitory Crimes

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. It may also refer to any offense which is continuing in time, e.g., rebellion which may have been started years ago by the offender and continuing up to the present. The theory is for the fixing of venue, not for fixing the penalty.