REEXAMINATION OF THE SPLITTING OF THE CRIME PRINCIPLE

MARLO CAMPANILLA�TUESDAY, JANUARY 8, 2019

If the components of complex crime or special complex crime are alleged in two
different informations, the accused shall be convicted of separate crimes so as not
violate his right to be inform of the nature of the crime charged against him. In
cases of splitting of special complex crime or complex by alleging its components
in two information, the accused cannot be convicted of:
1. Special complex crime of robbery with homicide but separate crimes of robbery
and homicide (People v. Legaspi, G.R. Nos. 92167-68, July 14, 1995; 1998 Bar Exam);
or
2. Qualified carnapping but separate crimes of simple carnapping and homicide
(People v. Paramil, G.R. No. 128056, March 31, 2000; People v. Peridas and Dela
Cruz, G.R. Nos. 141162-63, July 11, 2002); or
3. Compound crime of murder and frustrated murder but separate crimes of murder and
frustrated murder (People v. Umawid, G.R. No. 208719, June 9, 2014); or
4. Special complex crime of kidnapping with rape but separate crimes of kidnapping
and rape. (People v. Cilot, G.R. No. 208410, October 19, 2016).
The rule on splitting of special complex crime and complex crime should be re-
examined by the Supreme Court if the application thereof will prejudice the
accused. For example, in People v. Umawid, G.R. No. 208719, June 9, 2014, accused
is charged with separate crimes of murder and frustrated murder in two
informations. However, the evidence show that the crime committed is complex crime
of murder and frustrated murder because they are produced by a single act of
hacking. In recognition of his constitutional right to be informed of the nature of
the crime charged against him, accused was convicted of murder and frustrated
murder. In sum, in recognizing his constitutional right, the accused was prejudiced
since he was penalized for two crimes instead of one. His right under the
Constitution was respected but his right to the benefit of Article 48 of the
Revised Penal Code on complex crime was sacrificed