Criminal Law 1

SUPPLEMENTAL READING MATERIAL 3

CONSPIRACY and PROPOSAL

Conspiracy (Elements):

1. That two or more persons came to an agreement.

2. That the agreement pertains to the commission of a felony.

3. That the execution of the felony was decided upon.

Proposal (Elements):

1. That a person has decided to commit felony; and

2. That he proposes its execution to some other person or persons.

· General Rule: Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts.

· Exception: in cases in which the law specially provides a penalty therefore.

Ø The law specially provides penalty for mere conspiracy in the RPC

a. Treason

b. Rebellion

c. Insurrection

d. Coup d’ etat

e. Sedition

f. Monopolies and combinations in restraint of trade

Under Special Laws

a. Espionage

b. Highway robbery

c. Illegal association
d. Selected acts committed under the Dangerous Drugs Act

e. Arson

f. Terrorism under the Human Security Act

MULTIPLE OFFENDERS

Recidivism

Requisites of a Recidivist:

1. That the offender is on trial for an offense.

2. That he was previously convicted by final judgment of another crime.

3. That both the first and the second offences are embraced in the same title of the Code.

4. That the offender is convicted of the new offense.

Habituality (Reiteracion)

Requisites of Reiteracion or Habituality:

1. That the accused is on trial for an offense

2. That he previously served sentence for another offense to which the law attaches an (NOT THE PENALTY ACTUALLY
IMPOSED):

a. Equal, or

b. Greater penalty, or

c. For two or more crimes to which it attaches a lighter penalty than that for the new offense.

3. That he is convicted of the new offense.

Quasi-Recidivism

It is a special aggravating circumstance where a person, after being convicted by final judgment, shall commit a new felony
before beginning to serve such sentence or while serving the same.
 Habitual Delinquency

Requisites of Habitual Delinquency:

1. That the offender had been convicted of any of the crimes of: serious or less serious physical injuries, robbery, theft, estafa or
falsification.

2. That after conviction or after serving sentence, he again committed, and, within 10 years from his last release of first
conviction, he was again convicted of any of the said crimes for the second time.

3. That after his conviction of, or after serving sentence for the second offense, he again committed, and, within 10 years from
his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener.

COMPLEX CRIMES vs. SPECIAL COMPLEX CRIMES

Plurality of Crimes – consists in the successive execution, by the same individual, or different criminal acts, upon any of
which no conviction has yet been declared.

Kinds:

1. Real or material plurality – different crimes in law, as well as in the conscience of the offender; the offender shall
be punished for each and every offense that he committed.

2. Formal or ideal plurality – only ONE criminal liability.

Three groups under the formal type:

a. When the offender commits any of the complex crimes in Art. 48 RPC.

b. When the law specially fixes a single penalty for two or more offenses committed (special complex crimes)

c. When the offender commits continuous crimes

Complex Crimes under Article 48, RPC

A. Concept: In 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 (criminal intent) of the offender.

B. Two kinds of complex crimes:

1. Compound crime (delito compuesto) – a single act constitutes 2 or more grave or less grave felonies.
Requisites:

a. That only a single act is performed by the offender;

b. That the single act produces: (i) two or more grave felonies, or (ii) one or more grave and one or more less grave felonies, or
(iii) tow or more less grave felonies.

2. Complex crime proper (delito complejo) – an offense is a necessary means for committing the other.

Requisites:

a. That at least two offenses are committed;

b. That one or some of the offenses must be necessary to commit the other;

c. That both or all of the offenses must be punished under the same statute.

No Complex Crimes in the Following Cases:

1. In case of continuous crimes

2. When one offense is committed to conceal the other

3. When the other crime is an indispensable part or an element of the other offenses

4. Where one of the offenses is penalized by a special law

5. When the provision provides for a two-tiered penalty, e.g. usurpation of property (Art. 312), malicious procurement of a
search warrant (Art. 129), bribery (Art. 210, par 1), maltreatment of prisoners (Art. 235), abandoning a minor (Art. 276)

Rules in Article 48 are NOT applicable:

1. When the crimes subject of the case have common elements;

2. When the crimes involved are subject to the rule of absorption of one crime by the other;

3. Where the two offenses resulting from a single act are specifically punished as a single crime, such as less serious physical
injuries with serious slander by deed, since this is punished under Art. 265, par. 2, as the single crime of less serious physical
injuries with ignominy;

4. In special complex crimes or composite crimes.

Special Complex Crimes – are those which are treated as single indivisible offenses although comprising more than one specific
crime and with specific penalty.

Examples:

1. Rape with homicide

2. Kidnapping with homicide

3. Kidnapping with rape

4. Robbery with homicide

5. Robbery with rape

6. Robbery with arson

7. Arson with homicide

· The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period.

· If different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall
be imposed, the same to be applied in the maximum period.

· Art. 48 will apply to crimes through negligence, e.g. offender found guilty of a complex crime of homicide with less
physical injuries through reckless imprudence.

· When 2 felonies constituting a complex crime are punishable by imprisonment AND fine, respectively, only the penalty of
imprisonment should be imposed. REASON: Fine is not included in the list of penalties in the order of severity, and it is in the
last in the graduated scale in Art. 71 of the RPC.

· When a complex crime is charged and one offense is NOT proven, the accused can be convicted of the other.

Continuous Crime – is a single crime, consisting of a series of acts, but all are arising from one criminal resolution; length of
time in the commission of the acts is immaterial.

It is NOT a complex crime because the offender does not perform a single act, but a series of acts AND one offense is not a
necessary means for committing the other.