ART 48 & 49 CONCEPTS

What does Article 48 of the Revised Penal Code provide verbatim?

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.

What does Article 49 of the Revised Penal Code provide verbatim?

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. 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. 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.

What is plurality of crimes?

The successive execution by the same person of different criminal acts, none of which has yet resulted in a conviction

How does plurality of crimes differ from recidivism?

In recidivism there has already been a final conviction for an earlier offense, while in plurality none of the acts has yet resulted in a conviction

What are the two kinds of plurality of crimes?

(1) formal or ideal plurality, where there are several crimes but only one criminal liability and one penalty (2) real or material plurality, where there are several crimes and the offender is punished for each separately

Which crimes fall under formal or ideal plurality?

Complex crimes under Art. 48, special complex crimes, and continued crimes

How does a complex crime exist in the eyes of the law and the conscience of the offender?

Two or more crimes are actually committed, but they constitute only one crime, so only one penalty is imposed (People v. Nelmida)

What are the two kinds of complex crimes under Article 48?

(1) compound crime or delito compuesto (2) complex crime proper or delito complejo

What is a compound crime?

A single act that constitutes two or more grave or less grave felonies

What are the requisites of a compound crime?

(1) only one act is performed (2) that act produces two or more felonies (3) each felony is grave or less grave

What is a complex crime proper?

An offense that is a necessary means for committing another

What are the requisites of a complex crime proper?

(1) at least two offenses are committed (2) one is a necessary means to commit the other (3) both are punished under the same statute, the Revised Penal Code

What is a classic example of a compound crime?

A single bullet that kills two persons, or a single act of ramming a van that kills two and endangers four (People v. Punzalan, Jr.)

What is a classic example of a complex crime proper?

Falsification of a commercial or public document as a necessary means to commit estafa or malversation

What is the key test of a compound crime?

Singularity of the act, not of the criminal impulse (People v. Nelmida)

What is the key test of a complex crime proper?

The first offense must be a necessary means, not merely a convenient one, and must not be an element of the second

What is the penalty for a complex crime under Article 48?

The penalty for the most serious crime, imposed in its maximum period

Why is Article 48 a pro reo provision?

It presumes that one act producing several crimes shows less perversity than several separate acts, so the offender serves one penalty instead of several (Enrile v. Salazar, quoting People v. Hernandez)

Can Article 48 be used to impose a penalty heavier than separate prosecution would impose?

No (Enrile v. Salazar; Ivler v. Modesto-San Pedro)

Can light felonies be complexed under the first clause of Article 48?

No, Art. 48 requires grave or less grave felonies, so a light felony produced by the same act is charged and punished separately (Ivler v. Modesto-San Pedro)

Can murder and attempted murder be complexed?

Yes, both are grave felonies because murder carries a capital penalty and attempted murder carries prision mayor, an afflictive penalty (People v. Punzalan, Jr.)

What is the effect when various victims die from separate shots?

Separate and distinct crimes, not a complex crime (People v. Nelmida)

Does conspiracy make several acts a single act under Article 48?

No, because the act of one is the act of all, each conspirator is liable for every death, and the severalty of the acts prevents Art. 48 (People v. Nelmida)

What are the exceptions to the Nelmida rule that several acts cannot be complexed?

The Lawas single criminal impulse ruling and the prison-riot cases, which are limited to their facts (People v. Nelmida)

When is there no complex crime?

(1) when one offense is an element or ingredient of the other, or is absorbed by it (e.g., common crimes absorbed in rebellion) (2) when the two offenses are punished by different statutes, or one is under a special law, unless the special law provides otherwise (3) when the law treats the combination as a single special complex crime with its own penalty (4) when one of the felonies produced by the single act is light (5) when several separate acts are performed (6) when the crime is a quasi-offense under Art. 365 (Ivler v. Modesto-San Pedro; Morales v. People)