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Classes of aggravating (GSIQ)

Types of Plurality of Crimes:


1. Formal or ideal – involves the same criminal intent resulting in two or more crimes but for which there is only one
criminal liability.
Ex. Complex crimes under Art. 48
2. Material or real – refers to different criminal intents resulting in two or more crimes for each of which, the accused
incurs criminal liability.
Ex. Falsification to conceal Malversation

Kinds of Complex Crimes:


1. Compound Crime (delito compuesto) – a single act constitutes two or more grave felonies

Requisites:
a. That only a single act is performed by the offender.
b. That the single act produces: (1) two or more grave felonies, or (2) one or less grave felonies, or (3) two 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 offense are committed;
b. That one or some of the offense must be necessary to commit the other;
c. That both or all of the offenses must be punished under the same statute.

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

Special complex crime/composite crime-made of more than one offense but in the eyes of the law, only one. Ex. Robbery with
homicide

Continuing/ transitory crime-offense committed in several jurisdictions

Real or Material Plurality Continued Crime


There is a series of acts There is a series of acts
performed by the offender performed by the offender
Each act performed by the The different acts
offender constitutes a constitutes only one crime,
separate crime, each act is all of the acts performed
generated by a criminal arise from one criminal
impulse resolution.
Complex Crime Special Complex Crime
The combination is The combination of the
generalized, that is grave offenses are fixed by law,
and/or less grave, one e.g., robbery with rape
offense is necessary to
commit the other.
The penalty for the crime is The penalty for the
not specific but for the specified combination of
most serious offense in the crimes is also specific.
maximum period.
Principals, Accomplices, Accessories
Exempt accessories (relatives until affinity, accessory second and third kind)

Classification of penalties and duration (G, LG, LI)

Subsidiary Penalty (until PC only)

Total extinction of criminal liability


1. Marriage
2. Absolute Pardon
3. Amnesty
4. Prescription of crime
5. Prescription of penalty
6. Service of sentence
7. Death of the offender

Partial extinction- conditional pardon, parole, commutation of sentence, good conduct time allowance (RA 10592; 1to2 years-
20 days; 3to5 years-23 days; 6to10-25days; 11up-30 days; study leave allowance-15days)

Special time allowance-(1/5, 2/5, 48 hours)

Prescription of crimes-D, RP, RT-20 years from?; PM-15 years; PC, S, D-10 years; AM-5 years; libel, similar offense-1 year; oral
def & slander by deed- 6mos; light offenses-6 months (run from discovery of OP, PA/APA; stopped when filed with prosecutor
or out of Phils.)

Prescription of penalties-D, RP, RT-20 years from?; PM-15 years; PC, S, D-10 years; AM-5 years; light penalties- 1 years

Director of prisons and jail warden grant time allowances

Civil liability includes:


Restitution-thing is restored
Reparation of the damage- repair the thing
Indemnification-payment of damages (MENTAL)