Criminal Law

Presumption of criminal intent from the Where there are no eyewitnesses to the crime
commission of an unlawful act and where suspicion is likely to fall upon a number
of persons.
Criminal intent is always presumed to exist,
provided that there is proof of the commission of NOTE: Good faith is not a defense to the
an unlawful act. This presumption does not arise prosecution of a malum prohibitum.
when the act performed is lawful. Moreover, the
presumption can always be rebutted by proof of CLASSIFICATIONS OF FELONIES
lack of intent. (BAR 2014) ART. 9, RPC

From the felonious act of the accused, freely and Importance of classifying the felonies as to
deliberately executed, the moral and legal their severity
presumption of a criminal intent arises
conclusively and indisputably, in the absence of To determine:
evidence to the contrary (People v. Sia, G.R. No. L-
31695, November 26, 1929). 1. Whether these felonies can be complexed
or not (Art. 48, RPC);
Crime may be committed without criminal 2. The prescription of the crime and the
intent (BAR 1996) prescription of the penalty (Art. 90, RPC);
3. Whether the accessory is liable (Art. 16,
A crime may be committed without criminal intent RPC);
if such is: 4. The duration of the subsidiary penalty
[Art. 39(2), RPC];
A negligent felony, wherein intent is 5. The duration of the detention in case of
substituted by negligence or imprudence failure to post the bond to keep the peace
A malum prohibitum. (Art. 35); and

Motive 6. The proper penalty for quasi-offenses (Art.

365, par. 1, RPC).
It is the moving power or force which impels a
person to a desired result. Classifications of felonies according to their
gravity
Motive as determinant of criminal liability
(BAR 1999, 2013) Grave– those to which the law attaches the
capital punishment or penalties which in any of
GR: Motive is not an element of a crime and their periods are afflictive, in accordance with Art.
becomes immaterial in the determination of 25 of the RPC (RPC, Art. 9, par. 1).
criminal liability. Less grave – those which the law punishes
with penalties which in their maximum period are
XPNs: Motive is material when: correctional, in accordance with Art. 25 of the RPC
(Art. 9, par. 2, RPC).
1. The acts bring about variant crimes;
2. The identity of the accused is doubtful; NOTE: The criminal can still be rehabilitated and
3. The evidence on the commission of the crime is hence can be the subject of probation and
purely circumstantial; Alternative Dispute Resolution insofar as the civil
4. There is a need to determine whether direct aspect is concerned.
assault is present, as in offenses against person in
authority when the assault is committed while not Light– those infractions of law for the
being in the performance of his duties; commission of which the penalty of arresto menor
5. In ascertaining the truth between two or a fine not exceeding 200 pesos, or both, is
antagonistic theories or versions of the killing; and provided (RPC ,Art. 9, par. 3,).

Factors to be considered in imposing a penalty

Stages of execution;
The degree of participation; and
The presence of attending circumstances.

Persons liable for grave or less grave felonies

The principals, accomplices and accessories.
 BOOK I – FELONIES

When light felonies are punishable Performing an act which would be an offense
against persons or property, were it not for the
GR: Light felonies are punishable only when they are inherent impossibilityof its accomplishment or on
consummated. account of the employment of inadequate or
ineffectual means (RPC,Art. 4).
E.g. An attempt to conceal one’s true name under the
2nd par. of Art. 178 is not punishable. Also, an attempt Requisites of Art. 4 Par. 1, “committing a felony
to commit Alarms and Scandals (Art. 155, RPC). although the wrongful act done be different
from that which he intended” where greater
NOTE: It involves insignificant moral and material injury results
injuries, if not consummated, the wrong done is so
slight that a penalty is unnecessary (or the de minis That an intentional felony has been committed;
principle). and
That the wrong done to the aggrieved party be
XPN: Light felonies are punishable in all stages when the direct, natural and logical consequence of the
committed against persons or property. E.g. A thing felony committed by the offender (U.S. v. Brobst,
stolen with a value that does not exceed 5 pesos which G.R. No. 4935, October 25, 1909).
carries the penalty of arresto menor, may be the
subject of an attempted theft. Meaning of “direct, natural and logical
consequence”
NOTE: It presupposes moral depravity.
Blow was efficient cause of death;
Persons liable in light felonies Blow accelerated death; or
Blow was proximate cause of death.
Only the principals and their accomplices are made
liable for the commission of light felonies. Accessories ---
are not liable for the commission of light felonies. In an act to discipline his child, the father
claims that the death of his child was not
Crimes considered as light felonies intended by him. Is his contention correct?

Slight physical injuries; NO. He is liable under Art. 4(1) of the RPC. In
Theft (when the value of thing stolen is less order that a person may be criminally liable for a
than 5 pesos and theft is committed under the felony different from that which he intended to
circumstances enumerated under RPC, Art. 308, commit, it is indispensable (a) that a felony was
par.3); committed and (b) that the wrong done to the
Alteration of boundary marks; aggrieved person be the direct consequence of the
Malicious mischief (when the value of the crime committed by the perpetrator. In beating his
damage does not exceed P200 or cannot be son and inflicting upon him physical injuries, he
estimated); committed a felony. As a direct consequence of the
Intriguing against honor; and beating suffered by the child, he expired. His
Alarms and Scandals. criminal liability for the death of his son, is thus
clear (People v. Sales, G.R. No. 177218, October 3,
NOTE: If one assists in the escape of another who 2011).
committed Alarms and Scandals, he is not liable under ---
RPC but may be liable under PD 1829.
Causes which may produce a result different
ELEMENTS OF CRIMINAL LIABILITY from that which the offender intended
ART. 4, RPC
Mistake in identity (error in personae)– The
Criminal liability (BAR 1997, 1999, 2001, 2004, offender intends the injury on one person but the
2009) harm fell on another. In this situation the intended
victim was not at the scene of the crime
Criminal liability is incurred by any person:
Example: A, wanting to kill B, killed C instead.
Committing a felony although the wrongful act (BAR 2003, 2015)
done be different from that which he intended; and
NOTE: There are only two persons involved: the
actual but unintended victim, and the offender.

7
 Criminal Law
Mistake in blow (aberratio ictus)– A person NOTE: Error in Personae and Aberatio Ictus are
directed the blow at an intended victim, but because of NOT valid defenses under the “Transfer Intent”
poor aim, that blow landed on somebody else. In doctrine: the law transfers the criminal intent to
aberratio ictus, the intended victim and the actual the actual victim.
victim are both at the scene of the crime. (A, shot at B,
but because of lack of precision, hit C instead). ---
(BAR 1993, 1994, 1996, 1999, 2015) A and B went on a drinking spree. While they
were drinking, they had some argument so A
NOTE: There are three persons involved: the stabbed B several times. A’s defense is that he
offender, the intended victim, and the actual victim. had no intention of killing his friend and that he
did not intend to commit so grave a wrong as
Injurious consequences are greater than that that committed. Is praeter intentionem properly
intended (praeter intentionem)– The injury is on invoked?
the intended victim but the resulting consequence is
so grave a wrong than what was intended. It is NO, praeter intentionemis improperly invoked
essential that there is a notable disparity between because it is only mitigating if there is a notable
the means employed or the act of the offender and disparity between the means employed and the
the felony which resulted. resulting felony. The fact that several wounds were
inflicted on B is hardly compatible with the idea
This means that the resulting felony cannot be that he did not intend to commit so grave a wrong
foreseen from the acts of the offender. (A, without as that committed.
intent to kill, struck the victim on the back, causing ---
the victim to fall down and hit his head on the
pavement.) Mistake of fact

NOTE: Praeter intentionem is a mitigating Mistake of fact is the misapprehension of facts on the
circumstance particularly covered by paragraph 3 part of the person who caused injury to another. He is
of Art. 13. not, however, criminally liable, because he did not act
with criminal intent. It is necessary that had the facts
The three enumerated situations are always the been true as the accused believed them to be, the act
result of an intentional felony or dolo. These is justified. Moreover, the offender must believe that
situations do not arise out of criminal negligence. he is performing a lawful act.

Aberratio ictus vis-à-vis Error in personae An honest mistake of fact destroys the presumption
of criminal intent which arises upon the
commission of a felonious act.
ABERRATIO ERROR IN
BASIS
ICTUS PERSONAE
NOTE: Mistake of fact is a defense only in
A person The victim intentional felonies.
directed the actually
blow at an received the Requisites of mistake of fact
intended blow, but he
How victim, but was mistaken That the act done would have been lawful had
committed because of for another who the facts been as the accused believed them to be;
poor aim, that was not at the That the intention of the accused in
blow landed scene of the performing the act is lawful; and
on somebody crime. That the mistake must be without fault or
else. carelessness on the part of the accused.
The offender, There are only
---
the intended two persons
Ah Chong was afraid of bad elements so one
victim as well present in error
evening, before going to bed, he locked himself in
Parties as the actual in personae - the his room and placed a chair against the door. After
present victim are all actual (not the going to bed, he was awakened by someone who
at the scene intended was trying to open the door. He called out, “Who is
of the crime. victim) and the there?” twice but received no answer. He then
offender. said, “If you enter the room, I will kill you.” At that
moment, he was struck by

8
 BOOK I – FELONIES
the chair. Believing he was being attacked, he took threatened to kill Y. The victim Y, believing himself
a kitchen knife and stabbed the intruder who to be in immediate peril, threw himself into the
turned out to be his roommate. Is he criminally water. X died of drowning. In this case, Y is liable
liable? for homicide for the death of Y.

NO. There was mistake of fact. Had the facts Even if other causes cooperated in producing the
been as Ah Chong believed them to be, he would have fatal result as long as the wound inflicted is
been justified in killing the intruder under Article 11, dangerous, that is, calculated to destroy or
paragraph 1; self-defense (U.S. v. Ah Chong, G.R. No. L- endanger life, the actor is liable.
5272, March 19, 1910).
--- It is important that there be no efficient
intervening cause.
Proximate cause
Instances when the felony committed is not the
Proximate cause has been defined as that cause, which, proximate cause of the resulting injury
in natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, and The felony committed is not the proximate cause of
without which the result would not have the resulting injury when:
occurred(People v. Villacorta, G.R. No. 186412,
September 7, 2011). There is an efficient intervening cause
between the felony committed and the resulting
As a rule, the offender is criminally liable for all the injury; or
consequences of his felonious act, although not Resulting injury or damage is due to the
intended, if the felonious act is the proximate cause of intentional act of the victim.
the felony.
Efficient intervening cause
Requisites of proximate cause
It is an intervening active force which is a distinct
The direct, natural, and logical cause; act or fact absolutely foreign from the felonious act
Produces the injury or damage; of the accused.
Unbroken by any efficient intervening cause;
and ---
Without which the result would not have Cruz and Villacorta were regular customers at
occurred Mendeja’s store. At around two o’clock in the
morning of January 23, 2002, while Cruz was
Difference between proximate cause and ordering bread at Mendeja’s store, Villacorta
immediate cause suddenly appeared and, without uttering a
word, stabbed Cruz on the left side of Cruz’s
Immediate cause may be a cause which is far and body using a sharpened bamboo stick. When
remote from the consequence which sets into motion Villacorta fled, Mendeja chased Villacorta but
other causes that resulted in the felony. failed to catch him. When Mendeja returned to
her store, she saw Aron removing the broken
Proximate cause does not require that the offender bamboo stick from Cruz’s body. Mendeja and
needs to actually touch the body of the offended party. Aron then brought Cruz to Tondo Medical
It is enough that the offender generated in the mind of Center and was treated as an outpatient. Cruz
the offended party the belief that made him risk was later brought to the San Lazaro Hospital on
himself. February 14, 2002, where he died the following
day of tetanus infection secondary to stab
If a man creates in another person’s mind an wound. What is the proximate cause for the
immediate sense of danger, which causes such person death of Cruz?
to try to escape, and, in so doing, the latter injures
himself, the man who creates such a state of mind is The proximate cause of Cruz’s death is the
responsible for the resulting injuries (People v. Toling, tetanus infection, and not the stab wound. There
G.R. L-27097, January 17, 1975). had been an interval of 22 days between the date of
the stabbing and the date when Cruz was rushed to
Example: San Lazaro Hospital, exhibiting symptoms of severe
tetanus infection. If Cruz acquired severe tetanus
X and Y are crew members of cargo vessel. They had a infection from the stabbing, then the symptoms
heated argument. X with a big knife in hand would have appeared a lot sooner than 22 days

9
 Criminal Law
later. Cruz’s stab wound was merely the remote his act remains and these circumstances are
cause, and its subsequent infection with tetanus inefficient.
might have been the proximate cause of Cruz’s
death. The infection of Cruz’s stab wound by Death presumed to be the natural consequence
tetanus was an efficient intervening cause later or of physical injuries inflicted
between the time Cruz was stabbed to the time of
his death (People v. Villacorta, G.R. No. 186412, The death of the victim is presumed to be the
September 7, 2011). natural consequence of the physical injuries
--- inflicted, when the following facts are established:
---
A and B had a quarrel and started hacking That the victim at the time the physical
each other. B was wounded at the back. Cooler injuries were inflicted was in normal health.
heads intervened and they were separated. That death may be expected from the
Somehow, their differences were patched up. A physical injuries inflicted.
agreed to shoulder all the expenses for the That death ensued within a reasonable
treatment of the wound of B, and to pay him time.
also whatever lost of income B may have failed
to receive. B, on the other hand, signed a IMPOSSIBLE CRIME
forgiveness in favor of A and on that condition, ART. 4(2), RPC
he withdrew the complaint that he filed against
A. After so many weeks of treatment in a clinic, Requisites of an impossible crime (BAR 2003,
the doctor pronounced the wound already 2004, 2009, 2014, 2015)
healed. Thereafter, B went back to his farm.
Two months later, B came home and he was Act performed would be an offense against
chilling. Before midnight, he died out of tetanus persons or property;
poisoning. The heirs of B filed a case of
homicide against A. Is A liable? NOTE: Kidnapping is a crime against personal
security and not against person or property, thus
NO. Taking into account the incubation period of there can be no impossible crime of kidnapping
tetanus toxic, medical evidence were presented
that tetanus toxic is good only for two weeks. That Act was done with evil intent;
if, indeed, the victim had incurred tetanus Accomplishment is inherently impossible or
poisoning out of the wound inflicted by A, he would means employed is either inadequate or
not have lasted two months. What brought about ineffectual; and
tetanus to infect the body of B was his working in Act performed should not constitute a
his farm using his bare hands. Because of this, the violation of another provision of RPC
SC ruled that the act of B of working in his farm
where the soil is filthy, using his own hands, is an NOTE: The offender must believe that he can
efficient supervening cause which relieves A of any consummate the intended crime. A man stabbing
liability for the death of B. A, if at all, is only liable another who he knew was already dead cannot be
for physical injuries inflicted upon B (Urbano v. liable for an impossible crime.
IAC, G.R. No. 7296, January 7, 1988).
--- Essence of an impossible crime

Circumstances which are considered as The essence of an impossible crime is the inherent
inefficient intervening causes impossibility of accomplishing the crime or the
inherent impossibility of the means employed to
The weak physical condition of the victim bring about the crime.
The nervousness or temperament of the victim
Causes which are inherent in the victim, such Inherent impossibility
as the victim’s inability to swim
Refusal of the injured party to be subjected to Inherent impossibility means that under any and all
medical attendance circumstances, the crime could not have
Erroneous or unskillful medical treatment materialized.

NOTE: Although the above-mentioned circumstances Kinds of inherent impossibility

may have intervened in the commission of the crime,
the offender is still liable for the resulting crime
because the proximate cause

10
 BOOK I – FELONIES
Legal impossibility– occurs where the Foam showed her intent to gain or be unjustly
intended acts, even if completed would not amount to enriched. Were it not for the fact that the check
a crime. (E.g. killing a dead person.) bounced, she would have received the face value
Physical impossibility– occurs where thereof, which was not rightfully hers. Therefore, it
extraneous circumstances unknown to the accused was only due to the extraneous circumstance of the
prevent the consummation of the intended crime. (E.g. check being unfunded, a fact unknown to the
pick pocketing an empty wallet.) accused at the time, that prevented the crime from
being produced. The thing unlawfully taken by the
Penalty imposed on impossible crimes accused turned out to be absolutely worthless,
because the check was eventually dishonored, and
The law imposes penalties to such crimes, having in Mega Foam had received the cash to replace the
mind the social danger and the degree of criminality value of said dishonored check (Jacinto v. People, G.R.
shown by the offender. The penalty imposed shall be No. 162540, July 2009).
that of arresto mayor or a fine ranging from 200 to 500 ---
pesos. ---
Buddy always resented his classmate, Jun.
Reason for penalizing impossible crimes One day, Buddy planned to kill Jun by mixing
poison in his lunch. Not knowing where he can
To teach the offender a lesson because of his criminal get poison, he approached another classmate
perversity. Although objectively, no crime is Jerry to whom he disclosed his evil plan. Because
committed, but subjectively, he is a criminal. he himself harbored resentment towards Jun,
Jerry gave Buddy a poison, which Buddy placed
NOTE: It is a principle of criminal law that the on Jun’s food. However, Jun did not die because;
offender will only be penalized for an impossible unknown to both Buddy and Jerry, the poison
crime if he cannot be punished under some other was actually powdered milk. What crime or
provision of the RPC. An impossible crime is a crime of crimes, if any, did Jerry and Buddy commit? (BAR
last resort. 1998, 2000, 2003, 2004, 2009)

--- Jerry and Buddy are liable for the so-called

Four culprits, all armed with firearms and impossible crime because, with intent to kill, they
with intent to kill, went to the intended victim’s tried to poison Jun and thus perpetrate murder, a
house and after having pinpointed the latter’s crime against persons. Jun was not poisoned only
bedroom, all four fired at and riddled said room because the would-be killers were unaware that
with bullets, thinking that the intended victim was what they mixed with the food of Jun was powdered
already there as it was about 10:00 in the evening. milk, not poison. Criminal liability is incurred by
It so happened that the intended victim did not them although no crime resulted, because their act
come home on the evening and so was not in her of trying to poison Jun is criminal.
bedroom at that time. Was it an impossible crime ---
or attempted murder?
The SC held that the culprits are liable only for the Impossible crime a formal crime
so-called impossible crime. The factual situation in this
case presents a physical impossibility which rendered the By its very nature, an impossible crime is a formal
intended crime impossible of accomplishment. Under Art. crime. It is either consummated or not consummated
4 of the RPC, such is sufficient to make the act an at all. There is therefore no attempted or frustrated
impossible crime (Intod v. CA, G.R. No. 103119, October 21, impossible crime. (BAR
1992). Here however, their acts constitute malicious 2005)
mischief.
--- Impossible crime vis-à-vis Unconsummated
--- felonies (attempted or frustrated felony)
A, a collector of Mega Foam failed to remit to
the company a check which was given to him as UNCONSUMMATED
payment for a merchandise. She tried to deposit IMPOSSIBLE CRIMES
FELONIES
the check, but he found out that the check
bounced. What crime was committed? Intent is not accomplished.
Intent of the offender Intent of the offender
The crime committed is an impossible crime of has possibility of cannot be accomplished.
theft. The evil intent cannot be denied, as the mere act accomplishment.
of unlawfully taking the check meant for Mega

11
 Criminal Law

Accomplishment is Intent cannot be attempt. If it already passed, but the felony is not
prevented by the accomplished because it is produced, as a rule, it is frustrated.
intervention of inherently impossible to
certain cause or accomplish or because the NOTE: If it reaches the point where he has no more
accident in which the means employed by the control over his acts, the subjective phase has
offender had no part. offender is inadequate or passed.
ineffectual.
Objective phase – results of the acts of
execution, that is, the accomplishment of the crime.
STAGES OF EXECUTION
ART. 6, RPC If the subjective and objective phases are present,
then is the felony is consummated.
Stages in committing a crime
Consummated felony
Internal Acts– mere ideas in the mind of a
person, not punishable even if, had they been carried A felony is consummated when all the acts
out, they would constitute a crime necessary for its accomplishment and execution
External Acts – include (a) preparatory acts are present.
and (b) acts of execution
Frustrated felony
Preparatory acts–those that do not have a
direct connection with the crime which the offender A felony is frustrated when the offender performs
intends to commit. These are ordinarily not all the acts of execution which would produce the
punishable except when expressly provided for or felony as a result, but which nevertheless do not
when they are considered in themselves as produce it by reason of causes independent of the
independent crimes. (e.g. Possession of picklocks will of the perpetrator.
under Art. 304, which is a preparatory act to the
commission of robbery under Arts. 299 and 302). ---
X stabbed Y in the abdomen, penetrating the
Acts of execution– those punishable under liver and chest of Y. Y was rushed to the hospital
the Revised Penal Code and was given immediate medical treatment. Is X
liable for consummated homicide?
Classifications of felonies according to the stage
of execution NO, because the prompt medical treatment
received by the offended party saved his life (People v.
Consummated
Honrada, G.R. No. 112178-79, April 21, 1995).
Frustrated (BAR 1992, 1994, 2009)
---
Attempted
---
A, a doctor, conceived the idea of killing his
Purpose of the classification of felonies
wife B, and to carry out his plan, he mixed
arsenic with the soup of B. Soon after taking the
To bring about a proportionate penalty and
poisonous food, A suddenly had a change of
equitable punishment.
heart and washed out the stomach of B. A also
gave B an antidote. Is A liable for frustrated
NOTE: The penalties are graduated according to
parricide?
their degree of severity. The stages may not apply to
all kinds of felonies. There are felonies which do not
NO, the cause which prevented the
admit of division.
consummation of the crime was not independent of
the will of the perpetrator. It cannot be considered
Phases of felony
attempted parricide, because A already performed
all acts of execution. A can only be liable for
Subjective phase – that portion of execution of
physical injuries.
the crime starting from the point where the offender
---
begins up to that point where he still has control over
his acts. If the subjective phase has not yet passed, the
Crimes which do not admit of a frustrated stage
felony would be a mere

12
 BOOK I – FELONIES
Rape – the gravamen of the offense is carnal One night Jugeta with his cohorts had gone to
knowledge, hence, the slightest penetration to the the residence of the victim where they violated
female organ consummates the felony. his domicile by first pulling off the sack that
Corruption of public officers – mere offer covers their nipa hut where they slept. The
consummates the crime. victim pleaded to accused-Jugeta to stop but the
Physical injury – consummated at the instance latter instead fired a shot wherein the victim
the injuries are inflicted. used his body to cover his family. Jugeta still
Adultery – the essence of the crime is sexual fired volleys of shots which landed fatally on
congress. the body of the daughters of the victim. The two
Theft– the essence of the crime is the taking of daughters expired upon arrival in the hospital.
property belonging to another. Once the thing has Is Jugeta liable for double murder and multiple
been taken, or in the possession of another, the crime attempted murder?
is consummated. (BAR 2014)
YES. Notwithstanding the other crimes JUGUETA
Attempted felony committed, he is also liable for multiple attempted
murder since the design of the crime was to
There is an attempt when the offender commences the neutralize the entire family instead of the two
commission of a felony directly by overt acts, and does daughters specifically. They have commenced all
not perform all the acts of execution which should the acts of execution but was not able to push
produce the felony, by reason of some cause or through due to reasons unknown to them (People
accident other than his own spontaneous desistance. v. Jugeta, G.R. No. 202124, April 5, 2016).
---
NOTE: The word directly, emphasizes the requirement
that the attempted felony is that which is directly Criteria involved in determining the stage
linked to the overt act performed by the offender not (whether it be in attempted, frustrated or
the felony he has in his mind. consummated stage) of the commission of a
felony
Overt acts
The manner of committing the crime;
Overt acts are some physical activity or deed, The elements of the crime; and
indicating the intention to commit a particular crime, The nature of the crime itself.
more than mere planning or preparation, which if
carried to its complete termination following its The difference between the attempted stage and
natural course, without being frustrated by external the frustrated stage lies on whether the offender
obstacles nor by the voluntary desistance of the has performed all the acts of execution for the
perpetrator, will logically and necessarily ripen into a accomplishment of a felony.
concrete offense.
Literally, under the article, if the offender has
Indeterminate offense performed all the acts of execution which should
produce the felony as a consequence but the felony
It is where the purpose of the offender in performing was not realized, then the crime is already in the
an act is not certain. Its nature and relation to its frustrated stage.
objective is ambiguous.
If the offender has not yet performed all the acts of
--- execution but he was not able to perform all the
A person enters the dwelling of another. acts of execution due to some cause or accident
However, at the very moment of his entry and other than his own spontaneous desistance, then it
before he could do anything, he is already is an attempted felony.
apprehended by the household members, can he
be charged with attempted robbery? NOTE: The SC held that in case of killing, whether
parricide, homicide or murder, the killing will be in
NO. The act of entering alone is not yet indicative the frustrated stage if the injury sustained is fatal,
of robbery although he may have planned to do so. sufficient to bring about death but death did not
Instead, he may be held liable for trespassing. supervene because the immediate medical
--- intervention. If the wound inflicted was not fatal,
--- the crime is only in its attempted stage because the
offender still has to perform another act in order to
consummate the crime (People v. Gutierrez, G.R. No.
188602, February 4, 2010).

13
 Criminal Law
Instances wherein the stages of a crime will not Continued crime (BAR 1996)
apply
Here, the offender is impelled by a single criminal
Offenses punishable by Special Penal Laws, impulse but committed a series of acts at about the
unless otherwise provided for; same time in about the same place and all the overt
Formal crimes (e.g. slander, adultery, etc.); acts violate one and the same provision law. e.g.
Impossible crimes; theft of 13 cows belonging to different owners
Crimes consummated by mere attempt (e.g. committed by the accused at the same place and at
attempt to flee to an enemy country); the same time.
Felonies by omission; and
Crimes committed by mere agreement (e.g. COMPLEX CRIMES (ART. 48, RPC) AND
betting in sports, corruption of public officers). COMPOSITE CRIMES (BAR 2004, 2005, 2007,
2009, 2015)
---
Two police dressed as civilians were Plurality of crimes
conducting surveillance in Binangonan, Rizal.
They went near a store when suddenly Rolando It is the successive execution by the same
and his wife arrived and approached the police individual of different criminal acts upon any of
officers not knowing their real identity. which no conviction has yet been declared.
Rolando spoke to one of the officers and asked
“gusto mo bang umi-score ng shabu?” The Kinds of plurality of crimes
officer replied, “bakit, meron ka ba?” Rolando
answered in the affirmative and then he took a Formal or ideal– only one criminal liability
sachet of shabu and showed it. When the officer
asked how much the shabu was, Rolando Complex crime – defined in Art 48
replied P200. Upon seeing the sachet, the police When the law specifically fixes a single
officers immediately introduced themselves penalty for 2 or more offenses committed
and arrested Rolando and his wife. They were Continued crimes (BAR 1996)
charged of attempted illegal sale of dangerous
drugs which is found under Sec 26 of RA 9165. Real or material – there are different crimes
Can there be an attempted stage in the illegal in law and in the conscience of the offender. In such
sale of dangerous drugs? cases, the offender shall be punished for each and
every offense that he committed
YES. According to the SC, the identity of the buyer
and seller are present. The seller was Rolando while Complex crime
the buyers would be the officers. The corpus delicti A complex crime exists when two or more crimes
was also established however, there was no delivery are committed but they constitute only one crime
because they immediately introduced themselves as in the eyes of the law. Here, there is only one
police officers therefore; the consummated sale of the criminal intent; hence, only one penalty is imposed.
drugs was aborted by the act of the police introducing
themselves and arresting Rolando. Hence, the crime Kinds of complex crimes
committed is only attempted illegal sale of dangerous
drugs (People v. Rolando Laylo y Cepres, G.R. No. Compound crime – when a single act
192235, July 6, 2011). constitutes two or more grave or less grave
--- felonies (Art. 48, RPC).

Formal crimes Requisites:

Only a single act is performed by the
Crimes which are consummated in one instance offender
and thus do not admit of stages e.g. physical The single act produces:
injuries, false testimony, oral defamation.
Two or more grave felonies
CONTINUING CRIMES One or more grave and one or
more less grave felonies
Continuing crime Two or more less grave felonies.

It is a single crime, consisting of a series of acts but ---

arising from one criminal resolution. The single act of A in firing a shot caused
the death of two persons, arising from one

14
 BOOK I – FELONIES
bullet, who were standing on the line of the brought about by provision of the
direction of the bullet. Is A liable for two separate a single felonious RPC.
crimes of homicide? act or because one
offense is a
A: NO, since the deaths of the two victims were a necessary means
result of one single act of firing a shot, a complex crime for committing the
was committed. other offense or
--- offenses.

Complex crime proper– when an offense is the The penalty for the Only one penalty
necessary means for committing the other(Art. 48,
most serious crime is specifically
RPC). shall be imposed prescribed for all
and in its the component
Requisites: maximum period. crimes which are
At least two offenses are committed; regarded as one
One or some of the offenses must be
indivisible
necessary to commit the other; and
offense. The
Both or all the offenses must be punished
component
under the same statute. As to
crimes are not
penalties
regarded as
NOTE: Only one penalty is imposed for complex
distinct crimes
crimes because there is only one criminal act, thus,
and so the to be
there should only be one information charging a
imposed is that
complex crime.
specifically
provided for
3. Special complex crime or composite crime –
under the special
is one in which the substance is made up of more than
complex crime
one crime, but which, in the eyes of the law, is only a
committed.
single indivisible offense.
Instances when there is no complex crime
Examples of special complex crimes
Kidnapping (Art. 267, RPC);
Qualified piracy, when piracy is accompanied Occupation of real property or usurpation of
by murder, homicide, physical injuries or rape; real rights in property (Art. 312, RPC);
Rape with homicide; Search warrants maliciously obtained (Art.
Kidnapping with rape; 129, RPC) in relation to perjury;
Kidnapping with homicide; When one offense is committed to conceal the
Kidnapping with physical injuries; other;
Robbery with homicide; When one crime is an element of the other, for
Robbery with rape; in that case, the former shall be absorbed by the
Robbery with physical injuries; and latter. e.g. trespassing which is an element of the
Robbery with arson. robbery with force upon things;
When the crime has the same elements as the
Ordinary complex crime vis-à-vis Special other crime committed;
complex crime (BAR 2003)
Example:
Estafa and falsification of private documents have
the same element of damage. Thus, there is no
BASIS ORDINARY SPECIAL
complex crime of estafa through falsification of
COMPLEX CRIME COMPLEX CRIME private document.
It is made up of It is made up of
two or more two or more When one of the offenses is penalized by a
crimes being crimes which are special law;
punished under considered only In continued crimes;
As to
distinct provisions as components of Where the intent is really to commit the second
concept crime but the first act although also a crime is
of the RPC but a single
alleged in one indivisible incidental to the commission of the crime; and
information either offense being
because they were punished in one

15
 Criminal Law
Example: Complex crime of coup d’etat with sedition
When the intent of the offender in taking away a (BAR 2003)
woman is to rape her, the crime would only be
simple rape as the abduction would be absorbed as Coup d'état can be complexed with sedition
an incident in the commission of rape. because the two crimes are essentially different
and distinctly punished under the Revised Penal
10. Special complex crimes. Code. Sedition may not be directed against the
government or be non-political in objective,
--- whereas coup d'état is always political in
Jason Ivler was involved in a vehicular collision objective as it is directed against the government
resulting to the injuries of Evangeline Ponce and the and led by persons or public officer holding
death of her husband. He was charged of two public office belonging to the military or national
offenses: (1) Reckless Imprudence Resulting in police. Art. 48 of the Code may apply under the
Slight Physical Injuries; and (2) Reckless conditions therein provided.
Imprudence Resulting in Homicide and Damage to
Property. Can Ivler be convicted with the two
offenses? (BAR 2013)

NO. Reckless imprudence is a single crime, its

consequences on persons and property are material
only to determine the penalty. Reckless imprudence
under Art. 365 is a single quasi-offense by itself and
not merely a means of committing other crimes such
that conviction or acquittal of such quasi-offense
bars subsequent prosecution for the same quasi-
offense, regardless of its various resulting acts (Ivler
v. San Pedro, G.R. No. 172716, November 17, 2010).
---

Penalty for complex crimes under Article 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.

Complex crime of coup d’état with rebellion (BAR

2003)

There can be a complex crime of coup d’état with

rebellion if there was conspiracy between the
offender/s committing the rebellion. By conspiracy,
the crime of one would be the crime of the other and
vice versa. This is possible because the offender in
coup d’état may be any person or persons belonging
to the military or the national police or a public
officer, whereas rebellion does not so require.
Moreover, the crime of coup d’état may be committed
singly, whereas rebellion requires a public uprising
and taking up arms to overthrow the duly
constituted government. Since the two crimes are
essentially different and punished with distinct
penalties, there is no legal impediment to the
application of Art. 48 of the RPC.