COMPLEX CRIMES

Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.
Philosophy behind plural crimes: The treatment of plural crimes as one is to be lenient to the
offender, who, instead of being made to suffer distinct penalties for every resulting crime is made to
suffer one penalty only, although it is the penalty for the most serious one and is in the maximum
period. Purpose is in the pursuance of the rule of pro reo.
If be complexing the crime, the penalty would turn out to be higher, do not complex anymore.
Example: Murder and theft (killed with treachery, then stole the right).
Penalty: If complex Reclusion temporal maximum to death.
If treated individually Reclusion temporal to Reclusion Perpetua.
Complex crime is not just a matter of penalty, but of substance under the Revised Penal Code.
Plurality of crimes may be in the form of:
(1) Compound crime;
(2) Complex crime; and
(3) Composite crime.
A COMPOUND CRIME is one where a single act produces two or more crimes.
A COMPLEX CRIME strictly speaking is one where the offender has to commit an offense as a
means for the commission of another offense. It is said that the offense is committed as a necessary
means to commit the other offense. Necessary should not be understood as indispensable,
otherwise, it shall be considered absorbed and not giving rise to a complex crime.
A COMPOSITE CRIME is one in which substance is made up of more than one crime, but which in
the eyes of the law only a single indivisible offense is. This is also known as special complex crime.
Examples are robbery with homicide, robbery with rape, rape with homicide. These are crimes which
in the eyes of the law are regarded only as a single indivisible offense.
COMPOSITE CRIME/SPECIAL COMPLEX CRIME

This is one which in substance is made up of more than one crime but which in the eyes of the law is
only a single indivisible offense. This is also known as a special complex crime. Examples are
robbery with homicide, robbery with rape, and rape with homicide.
The compound crime and the complex crime are treated in Article 48 of the Revised Penal Code. But
in such article, a compound crime is also designated as a complex crime, but complex crimes are
limited only to a situation where the resulting felonies are grave and/or less grave.
Whereas in a compound crime, there is no limit as to the gravity of the resulting crimes as long as a
single act brings about two or more crimes. Strictly speaking, compound crimes are not limited to
grave or less grave felonies but covers all single act that result in two or more crimes.
Illustration:
A person threw a hand grenade and the people started scampering. When the hand grenade
exploded, no one was seriously wounded all were mere wounded. It was held that this is a
compound crime, although the resulting felonies are only slight.
Illustration of a situation where the term necessary in complex crime should not be understood as
indispensable:
Abetting committed during the encounter between rebels and government troops such that the
homicide committed cannot be complexed with rebellion. This is because they are indispensable part
of rebellion.
The complex crime lies actually in the first form under Article 148.
The first form of the complex crime is actually a compound crime, is one where a single act
constitutes two or more grave and/or less grave felonies. The basis in complexing or compounding
the crime is the act. So that when an offender performed more than one act, although similar, if they
result in separate crimes, there is no complex crime at all, instead, the offender shall be prosecuted
for as many crimes as are committed under separate information.
When the single act brings about two or more crimes, the offender is punished with only one penalty,
although in the maximum period, because he acted only with single criminal impulse. The
presumption is that, since there is only one act formed, it follows that there is only one criminal
impulse and correctly, only one penalty should be imposed.
Conversely, when there are several acts performed, the assumption is that each act is impelled by a
distinct criminal impulse and for every criminal impulse, a separate penalty. However, it may happen
that the offender is impelled only by a single criminal impulse in committing a series of acts that

brought about more than one crime, considering that Criminal Law, if there is only one criminal
impulse which brought about the commission of the crime, the offender should be penalized only
once.
There are in fact cases decided by the Supreme Court where the offender has performed a series of
acts but the acts appeared to be impelled by one and the same impulse, the ruling is that a complex
crime is committed. In this case it is not the singleness of the act but the singleness of the impulse
that has been considered. There are cases where the Supreme Court held that the crime committed
is complex even though the offender performed not a single act but a series of acts. The only reason
is that the series of acts are impelled by a single criminal impulse.

COMPLEX CRIMES
-at least two crimes are committed
-a complex crime is only one crime; only one penalty is imposed
Two kinds:
1. COMPOUND CRIME: a single act constitutes two or more grave or
less grave felonies
2. COMPLEX CRIME PROPER: offense is necessary means for
committing the other
1.COMPOUND
a. only one single act is performed by the offender
b. produces (1) 2 or more grave felonies
(2) one or more grave felonies and one or more less grave felonies
(3) two or more less grave felonies
People vs. GUILLEN:
Single act: throwing hand grenade
Product: murder and multiple attempted murder
TWO OR MORE GRAVE OR LESS GRAVE FELONIES.
-Light felonies produced by the same act: (1)treated and punished as
separate offenses (several light felonies) or (2) absorbed by the grave felony.
Applicable to crimes through negligence.

2.COMPLEX CRIME PROPER

a.at least two offenses are committed
b. one or some of the offenses: necessary to commit the other
c. all of the offenses are punishable under same statute.
Necessary means =/= Indispensable means
Indispensable: ingredient of the crime (part of act/s of execution)
The offender, in executing various acts, must have a single purpose.
There is NO complex crime
-when in the definition of a felony one offense is a means to commit the
other (murder qualified by means of fire which by itself is arson)
-when one offense is committed to conceal the other (not necessary means)
-when one of the offenses is penalized by a special law (example: homicide
and illegal possession of firearms)
-when two or more crimes are committed but a) not by a single act or b) one
is not a necessary means for committing the other
-of rebellion with murder, arson, robbery or other common crimes
PENALTY: penalty for the most serious crime applied in its maximum period
SPECIAL COMPLEX CRIMES
PLURALITY OF CRIMES
Successive execution by the same individual of different criminal acts upon
any of which no conviction has yet been declared.
KINDS:
1.FORMAL OR IDEAL- one criminal liability
a) complex crimes under art 48
b) law specifically fixes a single penalty for two or more offenses committed
(ex: robbery with homicide)
c) continued crime
2.REAL OR MATERIAL- there are different crimes in law as well as in the
conscience of the offender
-recidivism (there must be conviction with final judgment)

CONTINUED CRIME: a single crime, consisting of a series of acts but all

arising from one criminal resolution
-set foot by a single impulse
-NOT a complex crime: offender does not commit only a single act but a
series of acts
-not being a complex crime, the penalty should not be imposed in its
maximum period
TRANSITORY CRIME: different from continued in criminal procedure to
determine venue
-moving crime