Article 48 - Complexing Crimes And Special Complex Crimes.docx

When confronted with a problem with 2 or more crimes 1. Special Complex Crime a. Rape with Homicide b. Attempted Rape with Homicide c. Kidnapping with Murder/Parricide/Rape/Torture d. Robbery with Homicide/Serious Physical Injuries e. Robbery with Rape/Intentional Mutilation/Arson f. Attempted or Frustrated Robbery with Homicide 2. Article 48 a. COMPOUND CRIME: One act 2 or more grave or less grave offenses (Grave: RP-PM; less grave: Destierro-PC) b. COMPLEX CRIME PROPER: 2 offenses (NOT 2 acts) one is a means of committing the other 3. Doctrine of Absorption 4. Continuing crime or Continued Crime or Single Larceny Doctrine 5. Separate Crimes

NB: Never complex a special penal law with felonies under RPC SPECIAL COMPLEX CRIMES Rape with Homicide Attempted Rape with Homicide Kidnapping with Murder/Parricide/Rape/Torture Robbery with Homicide Homicide by reason or on occasion of robbery 1. to facilitate robbery or the escape of culprit 2. preserve possession by culprit of the loot 3. prevent discovery of commission of robbery 4. eliminate witnesses Robbery should be the main purpose or objective and the killing merely incidental. NOTE: killing may occur before, during or after the robbery but essential for RwH is proof of direct relation between robbery and the killing. Meaning: homicide in its generic sense Rulings  if RwH is committed by a band/treachery, the indictable offense would still be RwH but circumstance of band/treachy will be a generic AC  RwH even if killing is by mere accident, so long as homicide resulted during or because of the robbery  all who participated as P in robbery are P in RwH although they did not actually take part in the killing, UNLESS it clearly appears that they endeavored to prevent the same. Q: robber killed by fellow robber A: still RwH because the law does not require that the person killed is the owner of the property taken. Still RwH even if an innocent bystander was killed. It is not required that the victim of the robbery be also the victim of the homicide. Q: must person charged as accessory in RwH have knowledge of commission of homicide? A: yes. accessory without knowledge of homicide must be liable only with the robbery. having no knowledge of killings, they could not have prevent such as is required of one seeking relief of liability for assault committed during the robbery. Robbery with Serious Physical Injuries Par 2: loss of speech, hearing, etc

Robbery with Rape “when robbery shall have been accompanied by rape.” Rulings  it is not necessary that the rape be committed prior to or simultaneously with the robbery Complexing Robbery cannot be complexed with attempted rape because robbery cannot be a necessary means to commit attempted rape; nor attempted rape to commit robbery. Both crimes cannot be the result of a single act. Additional rapes committed during robbery There is no law providing that the additional rapes or homicides should be considered as ACs. The enumeration of ACs under Art 14 of the RPC is exclusive (as opposed to enumeration under Art 13 where there is a specific paragraph providing for analogous circumstances. From the standpoint of the gravity of the offense, robbery with one rape would be on the same level as robbery with multiple rapes. However, the remedy lies with the legislature. A penal law is liberally construed in favor of the offender and no person should be brought within the terms if he is not clearly made so by the statute. Robbery with Intentional Mutilation/Arson Attempted or Frustrated Robbery with Homicide