May 11, 2020

LECTURE NOTES #4
by: Atty. Sed A. Cabangon

Art. 48. Complex Crimes

Before we discuss complex crime, let us take up the principle of pro reo.

What is pro reo?

It means “when in doubt, rule for the accused”. But intertwined with this
rule is the “rule of lenity”. It is a doctrine that a court in construing ambiguous
criminal statute that sets out multiple or consistent punishment should resolve
the ambiguity in favor of the more lenient punishment.” (People v. Temporada,
G.R. No. 173473)

In Art. 48, there are multiple crimes, or plurality of crimes when the
accused commits several crimes with specific penalties, but the law --- applying
the doctrine of pro reo or leniency of penalty --- imposes only one penalty “for
most serious crimes”.

Example, a single act of throwing a hand grenade producing murder and

multiple attempted murders (People v. Guillen, 85 Phil. 307). Several shots from a
submachine gun causing several deaths, caused by a single act of pressing the
trigger.

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 In short, complex crime is only ONE CRIME because the perpetrator who
commits 2 crimes with a single criminal impulse demonstrates lesser perversity
than different acts with different criminal purposes. (See People v. Hernandez,
99 Phil. 815, p. 690 Reyes)

In a complex crime, although 2 or more crimes are actually committed,

they constitute only one crime in the eyes of the law as well as in the conscience
of the offender. Hence, there is only one penalty imposed for the commission of
a complex crime.

There are 2 kinds of complex crime:

1. Compound crime – when a single act constitutes 2 or more

grave or less grave felonies.

2. Complex Crime Proper - when an offense is a necessary means

for committing the other. (People vs. Gaffud, Jr. Sept. 19, 2008)

The underlying philosophy of complex crimes in the RPC --- which follows
the pro reo doctrine --- is intended to favor the accused by imposing a single
penalty irrespective of the crimes committed. The rationale being, that the
accused committed 2 crimes with a single criminal impulse demonstrates lesser
perversity than when the crimes are committed by different acts and several
criminal resolutions. (People vs. Comadre, G.R. No. 153559, June 8, 2004)

1. Complex crimes under Art 48 consists of:

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 a) Compound Crime – a single act constitutes 2 or more grave o less
grave offenses. Example, throwing of a hand grenade resulting in
several crimes.

b) Complex crime proper – when an offense is a necessary means

from committing the other. Example, estafa through falsification
of a public document (People v. Barbas, 60 Phil. 241, p. 681 of your
book)

2. Special Complex Crimes – these are 2 crimes but which the RPC
penalizes as ONE crime.

Example:
◦ Robbery with homicide under Art. 294, RPC
◦ Kidnapping with murder, Art. 267, RPC
◦ Rape with homicide.

*See page 695 of your book.

3. Delito continuado – also known as continued crime. It is a single

crime consisting of a series of acts but all arising from one criminal
resolution. (pages 697-698, Reyes for examples)

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