SPECIAL COMPLEX CRIMES
In political crimes suuch as rebellion; all other c
- may involved a crime punished under SPL.
When 2 or more crimes committed, is there one si
mple crime, a coplex crime or separate crimes:
1. Special Complex Crime- to be Robbery with Homii
cde, or Rape, etc., the main objective must be to rob,
etc.
2. Doctrine of absorption/ common elements- Grave c
oercion in Rape or robbery
3. Continous crime- kidnapping for ransom, etc.
4. Ordinary complex crime
5. Separate crime - separate penalties
* In 1-4, there will only be one penalty regardless of
the number of crimes committed.
* In ordinary complex crime, regardless of the numbe
r of people who died, it will only be penalized for ro
bbery with homicide where it only has 1 penalty.
* If somebody died because of treachery who died du
ring robbery, doesnt constitute as murder. It is only ro
bbery with homicide bceuase it s only sue in its gener
ic sense.
*Special complex crime if the main intention is to rob
; otherwise not considered as robbery.
* if the intention was due to revenge; 2 murders beca
use evident premiditation was present and the crime w
as qualified to murder.
* due to abuse of superior strength as a qualifying cir
cumstance, it automatically applies. which constitutes
another murder.
* if the things stolen were after thought, it may simpl
y be theft.
* YOU CANNOT CHANGE THE NAMES OF SPEC
IAL COMPLEX CRIMES BECAUSE IT IS ALREA
DY ESTABLISHED BY LAW.
* if you are confronted with a case with many cirmes
committed in a singke instance; then determine if it i
s enumerated under Special Complex Crime.
* if one crime is absorbed in another then there will
be only 1 simple crime.
EX.
rimes will be absorbed in the rebellion. Therefore if J
uan is sued for rebellion, he cannot be sued by other
crimes because it is already absorbed including crimes
with higher penalty.
* If such rebell, killed more than 20 people, he canno
t be anymore sued for the killing of each of them bec
ause it only constitute to 1 crime and the penalty will
only be reclusion temporal.
REBELLION ACCORDING TO SC CAN BE A MA
TTER OF DEFENSE
NELMIDA
- several people killed, and shot several persons yet w
e dont know who killed who.
LAWAS
- several people killed, and yet was not determined as
to who killed who just like in Garcia.
DIFFERENCES:
1. Nelmida, there was conspiracy. When tehre is cons
piracy, the act of one is the act of all.
- we can separate crimes, because we already know w
ho are the ones should be liable.
2. LAWAS, there was no conspiracy. There was mere
ly an order. Like Maguindanao Massacre where 50 pe
ople killed yet is was not known who killed them but
only the person who gace the orders was identified. T
herefore, there was no conspiracy because the only pe
rson detrmined was only the one who gave the order.
No concpiracy, because there was only 1 actor which
was the one who gave the order.
If no conspiracy, then we cannot pinpoint the other ac
tors aside from the one who gave orders thus there ca
n be no separate crimes but instead we have Art. 48
which says that 1 act = 2 or more death; becomes Or
dinary Complex Crime.
1 act includes 1 impulse even if it is not one act. Ma
ny acts reslting from one impulse will become one act
.
1 act = 1 impulse (many or more acts
1 impulse - resulting to - several acts = 1 act - resulti
ng to 2 or more grave or less grave felonies.

3. GARCIA (PRISON CASES)

- exception to the exception
- SC said that it was forced to apply the single impul
se doctrine.
- there was actually conspiracy, but SC didnt want to
adapt Nelmida becaus ethey did not want to abandon
the single impulse.
- in the case of prisoners, nevermind the application o
f conspiracy because what is applied is the SINGLE I
MPULSE DOCTRINE.

In SINGLE LARCENY DOCTRINE it will result into

1 simple crime. In SINGLE IMPULSE DOCTRINE i
t will result into 1 ordinary complex crime. Therefore,
when it involves crime against property apply SLD e
ven there are several acts and even one act was alrea
dy consumated, if they are performed under single cri
minal intent and act performed involves property.

Several acts and one intent = SLD = 1 simple crime

Crime against persone- several acts - one intent + con
spiracy doesnt involve prisoners = SID (1 ordinary co
mplec crime)
1 single intent resulted in many crimes + conspiracy -
there will be as many crimes as there as many as inj
uries and deaths.