CONTINUED CRIMES AND COMPLEX CRIMES

What is continued crime or continuous or delito

continuado?
It is a single crime consisting of a series of acts but
arising from one criminal resolution.
Here, the offender is impelled by a SINGLE CRIMINAL
IMPULSE but committed a series of acts at about the same
time in about the same place and all the overt acts violate
one and the same provision of law.
Example: Theft of 12 carabaos belonging to different farmers
at the same place and at the same time
What is plurality of crimes?
It is the successive execution by the same individual of
different criminal acts upon any of which no conviction has yet
been declared.
What is complex crimes?
Complex crimes exists when two or more crimes are
committed but they constitute only one crime in the eyes of
the law. Here, there is only one criminal intent; hence, only
one penalty is imposed.
What are the kinds of complex crimes?
1. Compound crime-when a single act constitutes two or
more grave or less grave felonies.
Requisites:
a. Only a single act is performed by the offender.
b. The single act produces:
i. Two or more grave felonies;
ii. One or more grave and one or more less grave
felonies;
iii. Two or more less grave felonies.
ACTIVITY NO. 21. The single act of A in firing a shot caused
the death of two persons, arising from one bullet, who were
standing on the line of the direction of the bullet. Is A liable for
two separate crimes of homicide?
2. Complex crime proper- When an offense is the necessary
means for committing the other.
Requisites:
a. At least two offenses are committed;
b. One or some of the offenses must be necessary to
commit the other; and
 c. Both or all the offenses must be punished under the
same statute.
3. Special complex crime or composite crime- one in which
the substance is made up of more than one crime, but
which, in the eyes of the law, is only a single indivisible
offense.
Examples: Rape with homicide, kidnapping with rape,
robbery with homicide, robbery with arson

ACTIVITY NO. 22. A was involved in a vehicular collision

resulting to the injuries of B and the death of her husband. He
was charged with two offenses: 1) Reckless Imprudence
resulting in slight physical injuries and 2.) Reckless
imprudence resulting in homicide and damage to property.
Can A be convicted with the two offenses? Explain.

What is the penalty for complex crimes under Art. 48?

GR: When a complex crime is committed, the penalty for
the most serious crime in its maximum period shall be
imposed.
XPN: When the law imposes a single penalty for special
complex crime.