Article 48.
Penalty for complex crimes – 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.
At least two crimes must be committed
- This article requires that the commission of at least two crimes. But the two
or more grave or less grave felonies must be the result of a single act, or an
offense should be a necessary means for committing the other.
A complex crime is only one crime
- Complex crime constitutes only one crime. Though two or more crimes has
been committed, it only constitutes one crime, and the offender has only one
criminal intent. Hence, there is only one penalty imposed for the commission
of a complex crime.
Two kinds of complex crimes:
1. Compound crime
- A single act that constitutes two or more grave or less grave felonies.
2. Complex crime proper
- An offense is a necessary means for committing the other.
“When a single act constitutes two or more grave or less grave felonies.”
Requisites:
1. A single act is performed by the offender.
2. Single act produces:
a. Two or more grave felonies
b. One or more grave and one or more less grave felonies
c. Two or more less grave felonies
Example:
1. The single act of throwing a hand grenade produces murder and multiple
attempted murders.
2. Several shots from submachine gun causing several deaths, caused by a
single act of pressing the trigger is considered as a complex crime.
When it is not possible to determine who killed the victim
- Even though several independent acts have been performed,
