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