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Penalties

Penalties in General

Penalty

Penalty is the punishment

imposed by lawful authority upon

a person who commits an

unlawful, deliberate or negligent

act. [Philippine Law Dictionary,

Federico B. Moreno, Third Edition,

1988, p. 688, citing People v. Moran,33 Phil. 431]

Pena t es w c may eimposed

No felony shall be punishable by anypenalty not prescribed by law prior to

its commission. [Article 21, RPC]

The penalties that may be imposed,according to the RPC, are those

enumerated in Article 25 of the RPC.

Constitutional limitations on penalties

Excessive fines shall not be imposed, norcruel, degrading or inhuman punishmentinflicted. [Const., art. III, sec. 19 (1)]

Neither shall death penalty be imposed,

unless, for compelling reasons involvingheinous crimes, the Congress hereafterprovides for it. Any death penalty alreadyimposed shall be reduced to reclusion perpetua . [Const., art. III, sec. 19 (1)]

The employment of physical, psychological,or degrading punishment against anyprisoner or detainee or the use ofsubstandard or inadequate penal facilitiesunder subhuman conditions shall be dealt

with by law. [Const., art. III, sec. 19 (2)]

Principal Penalties which may be imposed

1. Death

2. Reclusion Perpetua

3. Reclusion Temporal

4. Perpetual or Temporary Absolute Disqualification

5. Perpetual or Temporary Special Disqualification

6. Prision Mayor 7. Prision Correccional

8. Arresto Mayor

9. Suspension

10. Destierro

11. Arresto Menor

12. Public Censure

13. Fine

14. Bond to Keep the Peace

Accessory Penalties which may be imposed

1. Perpetual or temporary absolute disqualification

2. Perpetual or temporary special disqualification

3. Suspension from public office, the right to vote and be

voted for, the profession or calling4. Civil interdiction

5. Indemnification

6. Forfeiture or confiscation of instruments and proceeds of

the offense7. Payment of costs

The Death Penalty

The 1987 Constitution prohibited the imposition of the

death penalty unless, for compelling reasons involvingheinous crimes, the Congress deemed it necessary to

impose it. [CONST ., art. III, sec. 19 (1)]

Pursuant to the 1987 Constitution, Congress enacted

Republic Act No. 7659, which imposed the death penalty

on certain heinous crimes. The law took effect on 31

December 1993.

Subsequently, the death penalty was prohibited frombeing imposed by Republic Act No. 9346 or An Act

Prohibiting the Imposition of Death Penalty in the

Philippines. Rep. Act No. 9346 was enacted into law on 24

June 2006 and took effect on 14 July 2006.

People v. Echegaray

The Supreme Court has repeatedly ruled that the death penalty is not a cruel, excessive or

unusual punishment.

Under the 1987 Constitution, Congress may re-impose the death penalty provided: (i)

Congress define or describe what is meant by heinous crimes; and (ii) Congress specify and

penalize by death only crimes that qualify as heinous in accordance with the definition or

description set in the death penalty bill and designate crimes punishable by reclusion

perpetua to death in which latter case, death can only be imposed upon the attendance of

circumstances duly proven in court that characterize the crime to be heinous; and (iii)

Congress, in enacting the death penalty bill be singularly motivated by “compelling reasons

involving heinous crimes”.

Crimes in Rep. Act No. 7659 are heinous for being grievous, odious and hateful offenses and

which, by reason of their inherent or manifest wickedness, viciousness, atrocity and

perversity are repugnant and outrageous to the common standards and norms of decency

and morality in a just, civilized and ordered society.

The Supreme Court held that, insofar as the element of heinousness is concerned, Rep. Act

No. 7659 correctly identified crimes warranting the mandatory penalty of death. As to the

other crimes in Rep. Act No. 7659 punished by reclusion perpetua to death, they are

admittedly no less abominable than those mandatorily penalized by death. The proper time

to determine their heinousness is when on automatic review the SC is called upon to pass

on a death sentence meted out by the trial court. Compelling reasons go hand in hand with

the heinousness of the crimes.

Effects of Rep. Act No. 9346

The imposition of the death penalty wasprohibited. [Section 1, Rep. Act No. 9346]

In lieu of the death penalty, the followingshall be imposed:

a. the penalty of reclusion perpetua , when thelaw violated makes use of the nomenclatureof the penalties of the Revised Penal Code; or

b. the penalty of the imprisonment, when thelaw violated does not make use of thenomenclature of the penalties of the RevisedPenal Code. [Section 2, Rep. Act No. 9346]

Effects of Rep. Act No. 9346

However, Rep. Act No. 9346 provides that

persons convicted of offenses punished with

reclusion perpetua , or whose sentences will

be reduced to reclusion perpetua , by reason

of its effectivity, shall not be eligible for

parole under Act No. 4103, otherwise knownas the Indeterminate Sentence Law, as

amended. [Section 3, Rep. Act No. 9346]

Reclusion Perpetua v. Life

Imprisonment

1. Reclusion Perpetua is imposed by the Revised Penal

Code, while Life Imprisonment is imposed by Special Law

2. Reclusion Perpetua entails imprisonment for only thirty(30) years after which the convict becomes eligible for pardon,

while Life Imprisonment does not appear to have any definite

extent of duration

3. Reclusion Perpetua carries accessory penalties, while it isnot so in Life Imprisonment [People v. Abapo, 239 SCRA 469

(1994), citing People vs. Baguio, 196 SCRA 459 (1991)].

Perpetual or temporary absolute disqualification

Perpetual absolute disqualification shall produce the following

effects:

1. The deprivation of the public offices and

employments which the offender may have held, even if

conferred by popular election;

2. The deprivation of the right to vote in any electionfor any popular elective office or to be elected to such office;

3. The disqualification for the offices or public

employments and for the exercise of any of the rights

mentioned; and

4. The loss of all rights to retirement pay or otherpension for any office formerly held. [REV. PEN. CODE, art. 30]

In case of temporary absolute disqualification, the

disqualification in nos. 2 and 3 above shall last during the term

of the sentence. [REV. PEN. CODE, art. 30]

Perpetual or temporary special

disqualification

The penalties for perpetual or temporary special

disqualification for public office, profession or calling

shall produce the following effects:

1. The deprivation of the office,

employment, profession or calling affected; and

2. The disqualification for holding similaroffices or employment either perpetually or during

the term of the sentence, according to the extent of

such disqualification. [REV. PEN. CODE, art. 31]

Destierro

The penalty of destierro means

banishment or only a prohibition from

residing within the radius of 25 kilometers

from the actual residence of the accused for aspecified length of time. Although destierro

does not constitute imprisonment (which is a

typical example of deprivation of liberty), it is

nonetheless a deprivation of liberty. [People v.

Dionisia Bastasa, G.R. No. 32792, 2 February

Destierro v Arresto Mayor

Destierro is not higher penalty than arresto mayor .

Arresto mayor means imprisonment or complete deprivation of

liberty, whereas destierro means banishment or only a

prohibition from residing within the radius of 25 kilometers

from the actual residence of the accused for a specified length of

time. The respective severities of arresto mayor and destierro

must not be judged by the duration of each of these penalties,but by the degree of deprivation of liberty involved. Penologistshave always considered destierro lighter than arresto mayor .

Such criterion is reflected both in the old Spanish Penal Code

and in our Revised Penal Code. In the graduated scale of article

71 the lawmaker has placed destierro below arresto mayor . There is, therefore, no basis in fact or in law for holding thatdestierro is a higher penalty than arresto mayor and that an

offense penalized with destierro falls under the jurisdiction of

the court of first instance. [Uy Chin Hua vs. Dinglasan, 86 Phil.

617 (1950)]

When is destierro imposed as a

penalty?

1. Serious physical injuries or death under

exception circumstances [REV. PEN. CODE, art. 247]

2. In case of failure to give bond for good behavior

[REV. PEN. CODE, art. 284]

3. Penalty for concubine in concubinage [REV.PEN. CODE, art. 334]

4. In cases where, after reducing the penalty by

one or more degrees, destierro is the proper penalty

Public Censure

Censure, being a penalty, is not

proper in acquittal. [Luis B. Reyes, The

Revised Penal Code, Book I, Sixteenth

Edition, 2006, p. 607, citing People v.

Abellera, 69 Phil. 623]

Civil Interdiction

Civil interdiction shall deprive the

offender during the time of his sentence of the

rights of parental authority, or guardianship,either as to the person or property of any

ward or marital authority, of the right to

manage his property and of the right to

dispose of such property by any act or any

conveyance inter vivos . [REV. PEN. CODE, art.

Bond to Keep the Peace

It shall be the duty of any person sentenced to give bond to keep the

peace, to present two sufficient sureties who shall undertake that such

person will not commit the offense sought to be prevented, and that in

case such offense be committed they will pay the amount determined

by the court in its judgment, or otherwise to deposit such amount in the

office of the clerk of the court to guarantee said undertaking. [R EV .

PEN. CODE, art. 35]

The court shall determine, according to its discretion, the period of

duration of the bond. [R EV . PEN. CODE, art. 35]

Should the person sentenced fail to give the bond as required, he shall

be detained for a period which shall in no case exceed six months, if he

shall have been prosecuted for a grave or less grave felony, and shall not

exceed thirty days, if for a light felony. [R EV . PEN. CODE, art. 35]

Under Article 284 of the Revised Penal Code, bond for good behavior is

imposed for those convicted for grave and light threats.

Measures of prevention or safety which are

not considered penalties

1. The arrest and temporary detention of accusedpersons, as well as their detention by reason ofinsanity or imbecility, or illness requiring theirconfinement in a hospital;

2. The commitment of a minor to any of the institutionsmentioned in article 80 and for the purposes specifiedtherein;

3. Suspension from the employment or public officeduring the trial or in order to institute proceedings;

4. Fines and other corrective measures which, in theexercise of their administrative or disciplinary powers,superior officials may impose upon their subordinates;and

5. Deprivation of rights and reparations which the civil

law may establish in penal form. [Article 24, RPC]

Classification of Penalties

Several classification ofpenalties

1. Principal v. Accessory

2. According to divisibility

3. According to gravity

4. According to subject matter

Principal penalties

Principal penalties are those

expressly imposed by the court in the judgment of conviction.

Accessory penalties

Accessory penalties are those that

are deemed included in theimposition of the principal penalties.

Principal Penalties which may be imposed

1. Death

4. Perpetual or Temporary Absolute Disqualification

5. Perpetual or Temporary Special Disqualification

6. Prision Mayor 7. Prision Correccional

8. Arresto Mayor

9. Suspension

10. Destierro

11. Arresto Menor12. Public Censure

13. Fine14. Bond to Keep the Peace

Accessory Penalties which may beimposed

1. Perpetual or temporary absolute disqualification

2. Perpetual or temporary special disqualification

3. Suspension from public office, the right to vote and be

voted for, the profession or calling

4. Civil interdiction

5. Indemnification

6. Forfeiture or confiscation of instruments and proceeds of

the offense7. Payment of costs

Classification of penalties

according to divisibility

1. Divisible penalties

2. Indivisible penalties

Indivisible penalties

Indivisible penalties are those whichhave no fixed duration.

The indivisible penalties are reclusion perpetua , perpetual absolute orspecial disqualification, and public

censure

Classification of penalties

according to their gravity

1. Capital

2. Afflictive penalties

3. Correctional penalties

4. Light penalties

i h ffli i i l

Fine, when afflictive, correctional, orlight penalty

A fine, whether imposed as a singleor as an alternative penalty, shall be

considered an afflictive penalty, if itexceeds 6,000 pesos; a correctionalpenalty, if it does not exceed 6,000pesos but is not less than 200 pesos;and a light penalty if it be less than 200pesos. [Article 26, RPC]

Classification of penaltiesaccording to subject matter

1. Deprivation of freedom (reclusion , prision , arresto )

2. Restriction of freedom (destierro )

3. Deprivation of rights (disqualification

and suspension)

4. Pecuniary (fine)

Duration and Effect of Penalties

Duration of penalties

Reclusion Perpetua - 20 years and 1 day to 40 years

Reclusion Temporal - 12 years and 1 day to 20 years

Prision Mayor and

Temporary Disqualification - 6 years and 1 day to 12 years

Prision correccional,

Suspension and destierro - 6 months and 1 day to 6 years

Arresto mayor - 1 month and 1 day to 6 months

Arresto menor - 1 day to 30 days

Bond to Keep the Peace - The bond shall be required to

cover such period as the court

may determine

Effects of the penalties of perpetual or

temporary absolute disqualification

The penalties of perpetual or temporary

absolute disqualification for public office

shall produce the following effects:

1. The deprivation of the public offices and

employments which the offender may have held even

if conferred by popular election.

2. The deprivation of the right to vote in any election for

any popular elective office or to be elected to suchoffice.

temporary absolute disqualification

3. The disqualification for the offices or

public employments and for the exercise

of any of the rights mentioned.

In case of temporary disqualification, suchdisqualification as is comprised in paragraphs 2

and 3 of this article shall last during the term of

the sentence.

4. The loss of all rights to retirement pay orother pension for any office formerly held.

[Article 30, RPC]

temporary special disqualification

The penalties of perpetual or temporary

special disqualification for public office,

profession or calling shall produce the

following effects:1. The deprivation of the office, employment,

profession or calling affected;

2. The disqualification for holding similar offices oremployments either perpetually or during the

term of the sentence, according to the extent of

such disqualification. [Article 31, RPC]

temporary special disqualification for the

exercise of the right of suffrage

The perpetual or temporary special

disqualification for the exercise of the

right of suffrage shall deprive the offender

perpetually or during the term of the

sentence, according to the nature of said

penalty, of the right to vote in any popular

election for any public office or to be

elected to such office. Moreover, theoffender shall not be permitted to hold

any public office during the period of his

disqualification. [Article 32, RPC]

Effects of the penalties of suspension from

any public office, profession or calling, or the

right of suffrage

The suspension from public office,

profession or calling, and the exercise of

the right of suffrage shall disqualify the

offender from holding such office or

exercising such profession or calling or

right of suffrage during the term of the

sentence.

The person suspended from holding public

office shall not hold another having

similar functions during the period of his

suspension. [Article 33, RPC]

Civil interdiction

Civil interdiction shall deprive the offender duringthe time of his sentence of the rights of parentalauthority, or guardianship, either as to the personor property of any ward, of marital authority, ofthe right to manage his property and of the rightto dispose of such property by any act or anyconveyance inter vivos . [Article 34, RPC]

Effects of bond to keep the peace

It shall be the duty of any person sentenced to give

bond to keep the peace, to present two sufficientsureties who shall undertake that such person willnot commit the offense sought to be prevented,and that in case such offense be committed theywill pay the amount determined by the court in its

judgment, or otherwise to deposit such amount in

the office of the clerk of the court to guaranteesaid undertaking. [Article 35, RPC]

The court shall determine, according to itsdiscretion, the period of duration of the bond.[Article 35, RPC]

Should the person sentenced fail to give the bondas required, he shall be detained for a period whichshall in no case exceed six months, if he shall havebeen prosecuted for a grave or less grave felony,and shall not exceed thirty days, if for a lightfelony. [Article 35, RPC]

Costs; what are included

Costs shall include fees and indemnities in the

course of the judicial proceedings, whether they befixed or unalterable amounts previouslydetermined by law or regulations in force, oramounts not subject to schedule. [Article 37, RPC]

Pecuniary liabilities In case the property of the offender should not be

sufficient for the payment of all his pecuniaryliabilities, the same shall be met in the followingorder:

1. The reparation of the damage caused;

2. Indemnification of consequential damages;

3. The fine; and

4. The costs of the proceedings. [Article 38, RPC]

Subsidiary penalty

3. When the principal penalty imposed is higher than prisión correccional no subsidiary imprisonment

shall be imposed upon the culprit.

4. If the principal penalty imposed is not to beexecuted by confinement in a penal institution,but such penalty is of fixed duration, the convict,during the period of time established in the

preceding rules, shall continue to suffer the samedeprivation as those of which the principal penaltyconsists.

5. The subsidiary personal liability which the convictmay have suffered by reason of his insolvency shall

not relieve him from the fine in case his financialcircumstances should improve. [Article 39, RPC]

Application of Penalties

Successive service of sentences

1. When the culprit has to serve two ormore penalties, he shall serve them

simultaneously if the nature of the penalties

will so permit.

2. If the penalties cannot be served

simultaneously, they will be served

successively on the basis of their severity.

3. The severity of the penalty is based on

the following scale:

(i) D th

(i) Death

(ii) Reclusion Perpetua

(iii) Reclusion Temporal

(iv) Prision Mayor

(v) Prision Correccional

(vi) Arresto Mayor

(vii) Arresto Menor

(viii) Destierro

(ix) Perpetual absolute disqualification

(x) Temporary absolute disqualification

(xi) Suspension from public office, the rightto vote and be voted for, the right to follow profession

or calling, and

(xii) Public censure

Three-fold rule

The maximum duration of the convict’s sentence shall not be more than threefold the length

of time corresponding to the most severe of the

penalties imposed upon him. No other penalty to

which he may be liable shall be inflicted after the

sum of those imposed equals the maximum period.

Such maximum period shall in no case exceed

forty years.

The duration of perpetual penalties shall be

computed at thirty years. [Art. 70, RPC]

Graduated Scales (Art. 71, RPC)

Scale No. 1

1. Death

4. Prision Mayor

5. Prision Correccional

6. Arresto Mayor

7. Destierro8. Arresto Menor

9. Public Censure

10. Fine

Scale No. 2

1. Perpetual absolute disqualification

2. Temporary absolute disqualification

3. Suspension from public office, the

right to vote and be voted for, and

the right to follow a profession or

calling

4. Public censure

5. Fine

Degree and Period

A degree is one entire penalty, one whole

penalty or one whole unit of the penalties

enumerated in the graduated scales provided

for in Art. 71, RPC. Each of the penalties ofreclusion perpetua , reclusion temporal , prision

mayor , etc., enumerated in the graduated

scales, is a degree.

A period is one of the three equal

portions, called minimum, medium and

maximum, of a divisible penalty.

P l b i d

Penalty to be imposed upon

principals in general

The penalty prescribed by law for the

commission of a felony shall be imposed

upon the principals in the commission ofsuch felony. [REV. PEN. CODE, art. 46]

Whenever the law prescribes a penalty for a

felony in general terms, it shall be

understood as applicable to the

consummated felony. [REV. PEN. CODE, art.

Penalties upon principals in consummated,

frustrated and attempted crime

The penalty prescribed by law for the commission of a felonyshall be imposed upon the principals in the commission of

such felony, which shall be understood as applicable to the

consummated felony. [REV. PEN. CODE, art. 46]

The penalty next lower in degree than that prescribed by law

for the consummated felony shall be imposed upon the

principal in a frustrated felony. [REV. PEN. CODE, art. 50]

The penalty lower by two degrees than that prescribed by lawfor the consummated felony shall be imposed upon theprincipals in an attempt to commit a felony. [REV. PEN. CODE,

art. 51]

Penalty on accomplices in consummated,

The penalty next lower in degree than that prescribed by lawfor the consummated felony shall be imposed upon the

accomplices in the commission of a consummated felony.

The penalty next lower in degree than that prescribed by law

for the frustrated felony shall be imposed upon the

accessories in the commission of a frustrated felony. [REV.

PEN. CODE, art. 54]

The penalty next lower in degree than that prescribed by lawfor an attempt to commit a felony shall be imposed upon the

accomplices in an attempt to commit the felony. [REV. PEN.

CODE, art. 56]

Penalty on accessories in a consummated,

The penalty lower by two degrees than that prescribed by law

for the consummated felony shall be imposed upon the

accessories to the commission of a consummated felony.

for the frustrated felony shall be imposed upon the

accessories to the commission of a frustrated felony. [REV.

PEN. CODE, art. 55]

for the attempt shall be imposed upon the accessories to the

attempt to commit a felony. [REV. PEN. CODE, art. 57]

Rules for Graduating Penalties

1. When the penalty prescribed for the felony is single

and indivisible, the penalty next lower in degree shall be thatimmediately following that indivisible penalty in the respective

graduated scale prescribed in article 71 of this Code.

2. When the penalty prescribed for the crime is

composed of two indivisible penalties, or of one or more divisiblepenalties to be imposed to their full extent, the penalty next lower indegree shall be that immediately following the lesser of the penalties

prescribed in the respective graduated scale.

3. When the penalty prescribed for the crime iscomposed of one or two indivisible penalties and the maximum

period of another divisible penalty, the penalty next lower in degree

shall be composed of the medium and minimum periods of the

proper divisible penalty and the maximum period of that

immediately following in said respective graduated scale.

4. When the penalty prescribed for the crime is

composed of several periods, corresponding to different divisible

penalties, the penalty next lower in degree shall be composed of

the period immediately following the minimum prescribed and of

the two next following, which shall be taken from the penalty

prescribed, if possible; otherwise, from the penalty immediately

following in the above mentioned respective graduated scale.

5. When the law prescribes a penalty for a crime insome manner not specially provided for in the four preceding

rules, the courts, proceeding by analogy, shall impose

corresponding penalties upon those guilty as principals of the

frustrated felony, or of attempt to commit the same, and upon

accomplices and accessories.

Effect of mitigating and aggravating circumstances

1. Aggravating circumstances which in themselves

constitute a crime specially punishable by law or which are included

by the law in defining a crime and prescribing the penalty therefor

shall not be taken into account for the purpose of increasing the

penalty.

2. The same rule shall apply with respect to any

aggravating circumstances inherent in the crime to such a degree

that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise

from the moral attributes of the offender, or from his private relations

with the offended party, or from any other personal cause, shall only

serve to aggravate or mitigate the liability of the principals,

accomplices and accessories as to whom such circumstances are

attendant.

4. The circumstances which consist in the material

execution of the act, or in the means employed to accomplish it, shall

serve to aggravate or mitigate the liability of those persons only who

had knowledge of them at the time of the execution of the act or their

cooperation therein.

Eff t f h bit l d li

Effect of habitual delinquency

1. Upon the third conviction, the culprit shall be

sentenced to the penalty provided by law for the last crime of

which he be found guilty and to the additional penalty of prision

correccional in its medium and maximum periods;

2. Upon the fourth conviction, the culprit shall be

sentenced to the penalty provided for the last crime of which he

be found guilty and to the additional penalty of prision mayor in

its minimum and medium periods; and

3. Upon a fifth or additional conviction, the culprit shall

be sentenced to the penalty provided for the last crime of which

he be found guilty and to the additional penalty of prision mayor

in its maximum period to reclusion temporal in its minimum

period.

Notwithstanding the provisions of this article, the total of

the two penalties to be imposed upon the offender, in conformity

herewith, shall in no case exceed 30 years.

Habitual delinquent

A person shall be deemed to be

habitual delinquent, if within a period of

ten years from the date of his release orlast conviction of the crimes of serious

or less serious physical injuries, robo ,

hurto , estafa, or falsification, he is foundguilty of any of said crimes a third time

or oftener.

R l i li ti f i di i ibl lti

Rules in application of indivisible penalties

1. In all cases in which the law prescribes a

single indivisible penalty, it shall be applied by the

courts regardless of any mitigating or aggravating

circumstances that may have attended the

commission of the deed.

2. In all cases in which the law prescribes a

penalty composed of two indivisible penalties, the

following rules shall be observed in the application

thereof:

(a) When in the commission of the deed

there is present only one aggravating circumstance,

the greater penalty shall be applied.

(b) When there are neither mitigating nor

aggravating circumstances in the commission of the

deed, the lesser penalty shall be applied.

(c) When the commission of the act is

attended by some mitigating circumstance and there

is no aggravating circumstance, the lesser penalty

shall be applied.

(e) When both mitigating and aggravating

circumstances attended the commission of the act,

the courts shall reasonably allow them to offset oneanother in consideration of their number and

importance, for the purpose of applying the penalty

in accordance with the preceding rules, according to

the result of such compensation.

Application of penalties with three periods

1. When there are neither aggravating nor mitigating

circumstances, they shall impose the penalty prescribed by law in its

medium period.

2. When only a mitigating circumstance is present in thecommission of the act, they shall impose the penalty in its minimum period.

3. When only an aggravating circumstance is present in the

commission of the act, they shall impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are

present, the court shall reasonably offset those of one class against the

other according to their relative weight.

5. When there are two or more mitigating circumstances and

no aggravating circumstances are present, the court shall impose the

penalty next lower to that prescribed by law, in the period that it may deem

applicable, according to the number and nature of such circumstances.

6. Whatever may be the number and nature of the aggravatingcircumstances, the courts shall not impose a greater penalty than that

prescribed by law, in its maximum period.

7. Within the limits of each period, the courts shall determine

the extent of the penalty according to the number and nature of the

aggravating and mitigating circumstances and the greater or lesser extent of

the evil produced by the crime.

Plurality of crimes

1. Complex crime

2. Special complex crime

3. Continued or continuing crime

4. Separate and distinct crimes

Complex crime

A complex crime is committed when a singleact constitutes two or more grave or lessgrave felonies (compound crime) or when anoffense is a necessary means for committingthe other (complex crime proper) [Article 48,RPC]

Two kinds of complex crimes

1. Compound crime or when a single

act constitutes two or more grave or less

grave felonies

2. Complex crime proper or when an

offense is a necessary means for

committing the other

Compound crime

1. That only a single act is performed

by the offender

2. That the single act produces (i) two

or more grave felonies, or (ii) one or

more grave and one or more less grave

felonies, or (iii) two or more less gravefelonies

A complex crime is only one crime,

co p e c e s o y o e c e,hence, only one penalty is imposed forthe commission of a complex crime

Penalty for complex crime

The penalty for the most seriouscrime shall be imposed, the sameto be applied in its maximumperiod. [Article 48, RPC]

No complex crime of rebellion

In Enrile v. Salazar, 186 SCRA 217 (1990)),the Supreme Court reiterated that there is no

complex crime of rebellion.

It affirmed its ruling in People v. Hernandez,

99 Phil. 515 (1956) which prohibits the

complexing of rebellion with any other offense

committed on the occasion thereof, either as ameans necessary to its commission or as an

unintended effect of an activity that

constitutes rebellion.

People v. Guillen, 85 Phil. 307 (1950)

Julio Guillen planned to kill the Philippine

President, Manuel Roxas, and threw a grenade during a

rally in Plaza Miranda, Manila, killing one person and

injuring four others. He was charged and convicted by

the trial court of the complex crime of murder and

multiple frustrated murder. The Supreme Court heldthat the case before it is clearly governed by the first

clause of Article 48 of the RPC because by a single act,

that of throwing a highly explosive hand grenade at

President Roxas, Guillen committed two grave felonies,namely: (1) murder, of which Simeon Varela was the

victim; and (2) multiple attempted murder, of which

President Roxas, Alfredo Eva, Jose Fabio, Pedro Carrillo

and Emilio Maglalang were the injured parties

People v. Toling, 62 SCRA 17 (1975)

Twins Jose and Antonio Toling were chargedand convicted of multiple murder (9 deaths), multiple

frustrated murder (6 victims) and triple homicide (3

victims), when they ran amuck in a Bicol-bound

train. The Supreme Court held that the eight killingsand the attempted murder were perpetrated by

means of different acts. Hence, they cannot be

regarded as constituting a complex crime under

article 48 of the Revised Penal Code which refers to

cases where "a single act constitutes two or more

grave felonies, or when an offense is a necessary

means for committing the other".

People v Valdez 304 SCRA 611 (1999)

People v. Valdez, 304 SCRA 611 (1999)

Rolando Valdez was charged and convicted by the trial

court of complex crime of multiple murder with doublefrustrated murder and for separate crime of illegal

possession of firearms. SC reversed. It was clear from

the evidence that the four crimes of murder resulted not

from a single act but from several individual and

distinct acts. Each act by each gunman pulling thetrigger of their respective firearms, aiming each

particular moment at different persons constitute

distinct and individual acts which cannot give rise to

the complex crime of multiple murder. The SupremeCourt ruled that Valdez was guilty, not of a complex

crime of multiple murder, but of four counts of murder

for the death of the four victims in this case. In the

same manner, Valdez was likewise held guilty for two

counts of frustrated murder.

Under Article 48, a complex crime arises "when

an offense is a necessary means for committing the

other." The term "necessary means" does not connote

indispensable means for if it did then the offense as a

"necessary means" to commit another would be an

indispensable element of the latter and would be an

ingredient thereof. The phrase "necessary means"

merely signifies that one crime is committed to facilitateand insure the commission of the other. In this case,

the crime of Serious Illegal Detention was such a

"necessary means" as it was selected by appellant and

his co-accused to facilitate and carry out moreeffectively their evil design to stage a robbery.

Special complex crimes

Article 48 of the RPC does not applyin special complex crimes, e.g. robberywith homicide (Art. 294, par. 1), robberywith rape (Art. 294, par. 2), kidnappingwith murder or homicide (Art. 267, last

par.), rape with homicide (Art. 335),because RPC provides for one singlepenalty for each of those special complexcrimes.

Continued crime

A continued or continuous orcontinuing is a single crime, consisting ofa series of acts but all arising from onecriminal resolution. Only one penalty shallbe imposed.

A continued crime is not a complexcrime.

Rebellion is a continuing

offense[Umil v. Ramos, 202 SCRA 251 (1991)

People v. De Leon, 49 Phil. 437 (1926)

p , ( )

Vicente de Leon stole two game roosters, belonging to two

different owners, in a yard. He was prosecuted for two crimes of

theft. The trial court convicted him for one crime of theft only. The crime of theft is an offense against personal property and

what is punished is the alarm caused in the community by the

perpetration of the act which is violative of the individual rights

guaranteed by the law, as well as the damage that said act may

occasion to the members of the community. Under soundprinciples, the act of taking the two roosters, in response to the

unity of thought in the criminal purpose on one occasion, is not

susceptible of being modified by the accidental circumstance

that the article unlawfully taken belonged to two distinct

persons. There is no series of acts here for the accomplishment

of different purposes, but only of one which was consummated,and which determines the existence of only one crime. The act of

taking the roosters in the same place and on the same occasion

cannot give rise to two crimes having an independent existence

of their own, because there are not two distinct appropriations

nor two intentions that characterize two separate crimes.

Transitory crime in

criminal procedure to

determine venue

Penalty when crime different

from that intended

[Art. 49, RPC]

P l f i ibl i

Penalty for impossible crime

[Art. 59, RPC]

P l f i

Penalty for minor

[Art. 68, RPC]

Penalty for incomplete

justifying or exempting

circumstances[Art. 69, RPC]

Penalty for incomplete

exempting under Art. 12, par.

4, RPC[Art. 67, RPC]

penalties crim philippines.ppt

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