ARTICLE 47. In what cases the death penalty shall be imposed; b.
b. Complex Crime proper or Delito Complejo – when an offense is a
- The death penalty shall be imposed in all cases in which it must be imposed necessary means to commit the other. under existing laws, except when the guilty person is below 18 years of age at the time of the commission of the crime or is more than 70 years of age or B. What are compound crimes? when upon appeal or review of the case by the Supreme Court, the required a. A single act committed by the offender majority vote is not obtained for the imposition of the death penalty, in which b. That single act resulted to two or more grave and or less grave cases the penalty shall be reclusion perpetua. felonies - In all cases where the death penalty is imposed by the trial court, the records c. The penalty provided is for the most serious in the maximum period. shall be forwarded to the Supreme Court for automatic review and judgement by the court en banc, within 20 days but not earlier that 15 days after C. What are the complex crimes proper under the second part of Article 48? promulgation of the judgement of the judgement or notice of denial of any a. These are felonies denominated complex crime proper where when motion for new trial or reconsideration the transcript shall also be forwarded one offense is necessary to commit the other. The two crimes within 10 days after the filing thereof by the stenographic reporter. (As committed comprise one complex crime. The first crime must be a amended by RA no. 7659) necessary means to commit the other. This means that the first offense is committed to insure and facilitate the commission of the a. In what cases death penalty shall not be imposed? next crime. 1. When the guilty person is below 18 years old when the crime is “When an offense is necessary means for committing the other” committed. 2. When the guilty person is more than 70 years of age. D. What is necessary before the accused can be sentenced for a complex crime. 3. When upon appeal or automatic review of the case by the Supreme a. Requires the commission of at least two crimes but the two or more Court, the vote of eight members is not obtained for the imposition of grave or less grave felonies must be the result of a single act, or an the death penalty. offense must be a necessary means for committing the other. b. Requisites: b. In what cases are the death penalty commuted automatically to reclusion i. That only a single act is performed by the offender perpetua? ii. That the single act produces two or more grave felonies or 1. There is nothing in Section 19(1) of the Article III of the 1987 Constitution one or more less grave felonies, or two or more less grave that expressly declares the abolition of the death penalty. The provision felonies. merely says that the death penalty shall not be imposed unless for compelling reasons involving heinous crimes, the Congress thereafter E. What is the penalty for complex crimes under Article 48? provides for it and if already imposed, shall be reduced to Reclusion a. The penalty for complex crimes for the most serious crime in the Perpetua. maximum period. Such penalty is beneficial to the accused for he is given a single penalty instead of as many penalties as there are c. When the convict escapes from confinement, what will happen to the crimes committed. The reason for the single penalty is that the basis automatic appeal in the SC? of the felony is the singularity of the act. a. In the 1910 ground-breaking case of U.S. vs. Laguna, et al., [1] We already held thru Mr. Justice Moreland, that the power of this Court F. Distinguish Composite crimes from Complex Crimes. to review a decision imposing the death penalty cannot be waived a. Composite crime either by the accused or by the courts, viz. i. The combination of the offenses is fixed by law. e.g. b. It will still proceed. 1. Kidnapping with rape (Artilce 267) c. Thus, in the 1953 case of People vs. Villanueva, [5] We held that the 2. The penalty for the specified combination of withdrawal of an appeal by a death convict does not deprive this crimes is also specific. e.g. kidnapping with rape Court of its jurisdiction to review his conviction, viz.: carries reclusion perpetua to death 3. Even if there are more than one count of the ARTICLE 48. Penalty for complex crimes: component crime such as several rapes or several homicides accompanying the kidnapping, A. What are the two kinds of complex crimes in Article 48? there is just one composite crime to be charged. a. Compound Crimes or Delito Compuesto – when a single act All the excess homicides /rapes accompanying constitutes two or more grave or less grave felonies. the kidnapping are absorbed in kidnapping with homicide/rape. 4. If a light felony accompanied the commission of the composite offense, such light felony is absorbed. Hence, robbery with serious physical injuries absorbs the maltreatment or slight physical injuries committed in the course of the robbery. b. Complex crime i. The combination is not specified but in general terms, that is grave and/or less grave; or one offense being the necessary means to commit the other, e.g. forcible abduction with rape (Article 342 and 266-A) ii. The penalty is not specific but is for the most serious offense in the maximum period iii. If there is more than one count of the crime forming part of the complex crime, the first shall be complexed while the other counts may be treated as a separate crime. In forcible abduction with rape only the first rape is complexed with the abduction and the subsequent rapes shall be charged separately. (Peaple V Jose)
G. What are continued crimes?
a. Continued crimes or Delito Continuado also known as continuous crimes, the offender, impelled by a single criminal impulse, commits a series of overt acts at about the same time in about the same place and all the overt acts violate one and the same provision of law.
H. May the principle of Delito Continuado be applied to special laws?
a. Yes. The concept of Delito Continuado, although an outcrop of the Spanish Penal Code, has been applied to crimes penalized under special laws. Under Article 10, the RPC shall be supplementary to special laws, unless the latter provide the contrary. Hence, legal principles developed therefrom may be applied in supplementary capacity to crimes punished under special laws.
I. What is a Continuing Crime?
a. In the Rules of Court it is one where any of the elements of the offense was committed in different localities such that the accused may be indicted in any of those localities. b. It may also refer to any offense which is continuing in time, e.g. rebellion which may have been started years ago by the offender and continuing up to the present. Rebellion, insurrection, conspiracy and proposal to commit such crimes are in the nature of continuing offenses, which set them apart from the common offenses, aside from their essentially involving a massive conspiracy of nationwide magnitude. (Garcia-Padilla v Enrile, 121 SCRA)
J. Can there be a complex crime in imprudence where one of the resulting