The document discusses Article 49 of the Revised Penal Code regarding penalties for complex crimes, which can arise from multiple criminal acts executed by the same individual. It delineates between formal or ideal plurality and real or material plurality, providing specific examples of complex crimes and special complex crimes, such as robbery with homicide. It also outlines rules for assessing penalties when the actual crime committed differs from the intended crime, emphasizing the need for proper charge filings.

1. REVISED PENAL CODE
ARTICLE 49 – PENALTY FOR COMPLEX CRIMES
BICOL COLLEGE
College of Law
Daraga, Albay

2. I. Plurality of Crimes
Consists in the successive execution by the
same individual of different criminal acts upon any
of which no conviction has yet been declared
(Guevarra)

3. Kinds of Plurality of Crimes
A. Formal or Ideal - there are different criminal
acts but only one criminal liability
B. Real or Material – there are different crimes
and the offender shall be punished for each and
every offense he committed

4. Formal or Ideal Plurality
Example:
A wanted to kill B but because of poor aim, he
missed A and the bullet landed on B, a bystander
who died as a consequence.
Crime: COMPLEX CRIME of Homicide and
Attempted Homicide

5. Article 48. Penalty for Complex Crimes
When a single act constitutes two or more
crimes, or when an offense is necessary
means for committing the other, the penalty
for most serious crime shall be imposed, the
same to be applied in its maximum period.

6. 2. Real or Material Plurality
Example:
A hacked B with a bolo and killed him. A also
hacked C with the same bolo and killed him.
Crime: Two (2) counts of Homicide
He shall be punished for each every crime that he
committed

7. Formal or Ideal Plurality
1. Complex Crimes under Article 48
2. Special Complex Crimes
3. Continued/Continuous Crimes

8. Formal or Ideal Plurality
1. Complex Crimes under Article 48
a. Compound Crimes
b. Complex Crime Proper

9. Article 48. Penalty for Complex Crimes
When a single act constitutes two or more
crimes, or when an offense is necessary
means for committing the other, the penalty for
most serious crime shall be imposed, the same
to be applied in its maximum period.
Compound Crimes

10. Article 48. Penalty for Complex Crimes
When a single act constitutes two or more
crimes, or when an offense is necessary
means for committing the other, the penalty
for most serious crime shall be imposed, the
same to be applied in its maximum period.
Complex Crime Proper

11. Formal or Ideal Plurality
1. Complex Crimes under Article 48
a. Compound Crimes
b. Complex Crime Proper
2. Special Complex Crimes – one is in
substance is made up of more than one
crime but which in the eyes of the law is
only a single indivisible offense
- The law specifically fixes a single penalty
for two or more offenses committed

12. 2. Special Complex Crimes
Example:
One night while A was walking, B appeared and
pointed a gun at B. B demanded to A that he give
up his cellphone and wallet. A fought back so B
shot him.
Robbery with homicide

13. Examples of Special Complex Crimes
Robbery with Homicide (Article 294, Par.1 ) –
reclusion perpetua to death
Kidnapping with Homicide ((Article 267 as
amended by RA 7659) – reclusion perpetua to
death
Rape with Homicide (Article 266-B) - death

14. Formal or Ideal Plurality
1. Complex Crimes under Article 48
a. Compound Crimes
b. Complex Crime Proper
2. Special Complex Crimes – one is in substance is
made up of more than one crime but which in
the eyes of the law is only a single indivisible
offense
- The law specifically fixes a single penalty
for two or more offenses committed

15. 2. Special Complex Crimes
Example:
One night while A was walking, B appeared and
pointed a gun at B. B demanded to A that he give
up his cellphone and wallet. A fought back so B
shot him.
Refer to Article 294 of the RPC

16. Formal or Ideal Plurality
1. Complex Crimes under Article 48
2. Special Complex Crimes
3. Continued/Continuous Crimes
- one where the offender performs a series of
acts violating one and the same penal
provision committed for the same criminal
purpose

17. 3. Continued/Continuous Crimes
Example:
A learned that his neighbor B went out of town for
vacation. B was the caretaker of the roosters
owned by X, Y, and Z. A stole there (3) roosters
belonging to X, Y, and Z.
Crime: Single Offense of Theft

18. 3. Continued/Continuous Crimes
Example:
A sent an anonymous letter to B which read, “If
you will not deposit Php5,000 to this account xxxx,
I will kill your family. B deposited 2k. One month
later, A sent anther letter with the same demand
and threat. Two weeks later, A sent another letter.
This time he was caught and arrested.
Crime: Single offense of grave threat
Please refer to Article 282 of the RPC

19. Continued/Continuous Crime
vs
Continuing/Transitory Crime

20. Continued/
Continuous Crime
Continuing/
Transitory Crime
A single crime consisting of series
acts violating one and the same
penal provision committed by the
same criminal purpose/resolution
Previous Example: Theft of roosters
-Term used in Criminal Law
A crime that may be prosecuted not
only before the court of the place
where it was originally committed or
began, but also before the court of
the place where the crime was
continued
Rule 110 of the Rules of Court
-Term used in Criminal Procedure

21. Formal or Ideal Plurality
1. Complex Crimes under Article 48
2. Special Complex Crimes
3. Continued/Continuous Crimes

22. Formal or Ideal Plurality
1. Complex Crimes under Article 48
a. Compound Crimes
b. Complex Crime Proper

23. Article 48. Penalty for Complex Crimes
When a single act constitutes two or more
crimes, or when an offense is necessary
means for committing the other, the penalty for
most serious crime shall be imposed, the same
to be applied in its maximum period.
Compound Crimes

24. Formal or Ideal Plurality
1. Complex Crimes – there is only one crime
committed
Example: A was heartbroken because B was already
in love with C. A wanted to kill C but because of poor
aim, he hit another student who eventually became
blind because of the injury.
Crime: Complex Crime of Attempted Homicide
and Serious Physical Injury (Article 263)

25. Attempted Homicide
(Article 249- Article 51)
Serious Physical Injury
Refer to Article 249 (Homicide,
Article 51 (Attempted Crime),
Article 71 (Graduated Scales)
PRISION CORRECTIONAL
Refer to Article 263
PRISION MAYOR
(more serious crime)

26. Compound Crimes
Requisites:
1. That only a single act is performed by the
offender
2. That the single act produces two or more
grave or less grave felonies

27. Compound Crimes
Requisites:
1. That only a single act is performed by the
offender
2. That the single act produces two or more
grave or less grave felonies
- excluded crimes punishable by special
laws

28. Example:
A’s neighbor was having a party. They kept
singing Pusong Bato and this infuriated A. He
threw a hand grenade to his neighbor’s house
and one was killed and tqwo suffered minor
injuries.
Complex Crime of Murder and Multiple
Attempted Murders

29. Example: A was heartbroken because B was
already in love with C. A wanted to kill C but
because of poor aim, he hit another student
who eventually became blind because of the
injury.
Crime: Complex Crime of Attempted
Homicide and Serious Physical Injury
(Article 263)

30. Article 25 in Relation to Article 9
Capital Punishment: Death
Afflictive Penalties:
Reclusion perpetua
Reclusion temporal
Perp./Temp. absolute disqualification
Perp./Temp. absolute disqualification
Prision mayor
Correctional Penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
Light Penalties:
Arresto menor
Public Censure
GRAVE FELONY
LESS GRAVE FELONY
LIGHGT FELONY

31. How about Light Felonies?
Example: When Maria got drunk, Pedro
volunteered to bring her home. Instead, he
brought her to a motel where he raped her.
She also suffered slight physical injuries.

32. Light Felonies which are produced by
the same act:
1.Absorbed by the grave felony; or
2.Punished as a separate offenses

33. How will the crimes resulting from fault
or culpa be considered?
Jason Ivler v. Hon. Modesto
Two Separate Offenses
1. Reckless imprudence resulting in
slight physical injuries
2. Reckless Imprudence resulting
homicide and damage to property

34. Jason Ivler v. Hon. Modesto
Held: Article 365 should proceed from a
single charge regardless of the number
or severity of the consequences
There shall be no splitting of charges and
only one information shall be filed in the
same first level court

35. Complex Crime Proper – When an offense is
a necessary means for committing the other
Requisites:
1. That at least 2 offenses are committed;
2. That one or some of the offenses must be
necessary to commit the other;
3. That both or all of the offenses must be
punished under the same statute

36. Complex Crime Proper – When an offense is
a necessary means for committing the other
Requisites:
1. That at least 2 offenses are committed;
2. That one or some of the offenses must be
necessary to commit the other;
3. That both or all of the offenses must be
punished under the same statute

37. Necessary vs Indispensable Means
Example of Indispensable Means: A is envious of
B. While B is sleeping at the balcony, A threw a
grenade. B died as a result.
Refer to Article 324. Crimes involving destruction
No separate crimes.

38. Necessary vs Indispensable Means
Example of Necessary Means: Maria was
abducted by Pedro and was carried to a secluded
place. Upon arriving the place, Pedro raped Maria.
Complex crime of rape through abduction

39. Complex Crime Proper – That both or all of
the offenses must be punished under the
same statute
Example: Maria gave Pedro Php20k to pay
the BIA for the capital gains tax. Instead of
paying, he forged the BIR receipt and
pocketed the money.
COMPLEX CRIME OF ESTAFA through
falsification of public document

40. Rules to Remember:
1. One information should be filed when a
complex crime is committed (Refer to Rule
110, Section 13)
2. Article 48 does not apply when the law
provides for one single penalty for special
complex crimes (ex. Robbery with
homicide under Article 294, par. 1)

41. Rules to Remember:
3. No complex crime when one offense is
committed to CONCEAL the other
Example: Pedro professed to Maria but she
refused it. Pedro got angry and killed Maria.
In order to dispose the corpse, Pedro set the
house on fire.

42. ARTICLE 49. Penalty to Be Imposed Upon the Principals
When the Crime Committed is
Different from that Intended. — In cases in which the
felony committed is different from that which the
offender intended to commit, the following rules shall
be observed:
1. If the penalty prescribed for the felony committed be
higher than that corresponding to the offense which the
accused intended to commit, the penalty corresponding
to the latter shall be imposed in its maximum period.

43. 2. If the penalty prescribed for the
felony committed be lower than that
corresponding to the one which the
accused intended to commit, the
penalty for the former shall be imposed
in its maximum period.

44. 3. The rule established by the next
preceding paragraph shall not be
applicable if the acts committed by the
guilty person shall also constitute an
attempt or frustration of another crime,
if the law prescribes a higher penalty for
either of the latter offenses, in which
case the penalty provided for the
attempt or the frustrated crime shall be
imposed in its maximum period.

45. Applies only when there is a
mistake in the identity of the
victim of the crime and the
penalty for the crime committed
is different from the crime
intended to be committed
(Applies to error in personae)

46. Thank you!