ARTICLE 47. In what cases the death penalty shall be imposed; b.
b. Complex Crime proper or Delito Complejo – when an offense is a
- The death penalty shall be imposed in all cases in which it must be imposed
under existing laws, except when the guilty person is below 18 years of age at
the time of the commission of the crime or is more than 70 years of age or
when upon appeal or review of the case by the Supreme Court, the required
majority vote is not obtained for the imposition of the death penalty, in which
cases the penalty shall be reclusion perpetua.
- In all cases where the death penalty is imposed by the trial court, the records
shall be forwarded to the Supreme Court for automatic review and judgement
by the court en banc, within 20 days but not earlier that 15 days after
promulgation of the judgement of the judgement or notice of denial of any
motion for new trial or reconsideration the transcript shall also be forwarded
within 10 days after the filing thereof by the stenographic reporter. (As
amended by RA no. 7659)
a. In what cases death penalty shall not be imposed?
1. When the guilty person is below 18 years old when the crime is
committed.
2. When the guilty person is more than 70 years of age.
3. When upon appeal or automatic review of the case by the Supreme
Court, the vote of eight members is not obtained for the imposition of
the death penalty.
b. In what cases are the death penalty commuted automatically to reclusion
perpetua?
1. There is nothing in Section 19(1) of the Article III of the 1987 Constitution
that expressly declares the abolition of the death penalty. The provision
merely says that the death penalty shall not be imposed unless for
compelling reasons involving heinous crimes, the Congress thereafter
provides for it and if already imposed, shall be reduced to Reclusion
Perpetua.
c. When the convict escapes from confinement, what will happen to the
automatic appeal in the SC?
a. In the 1910 ground-breaking case of U.S. vs. Laguna, et al., [1] We
already held thru Mr. Justice Moreland, that the power of this Court
to review a decision imposing the death penalty cannot be waived
either by the accused or by the courts, viz.
b. It will still proceed.
c. Thus, in the 1953 case of People vs. Villanueva, [5] We held that the
withdrawal of an appeal by a death convict does not deprive this
Court of its jurisdiction to review his conviction, viz.:
ARTICLE 48. Penalty for complex crimes:
A. What are the two kinds of complex crimes in Article 48?
a. Compound Crimes or Delito Compuesto – when a single act
constitutes two or more grave or less grave felonies.
necessary means to commit the other.
B. What are compound crimes?
a. A single act committed by the offender
b. That single act resulted to two or more grave and or less grave
felonies
c. The penalty provided is for the most serious in the maximum period.
C. What are the complex crimes proper under the second part of Article 48?
a. These are felonies denominated complex crime proper where when
one offense is necessary to commit the other. The two crimes
committed comprise one complex crime. The first crime must be a
necessary means to commit the other. This means that the first
offense is committed to insure and facilitate the commission of the
next crime.
“When an offense is necessary means for committing the other”
D. What is necessary before the accused can be sentenced for a complex crime.
a. Requires 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 must be a necessary means for committing the other.
b. Requisites:
i. That only a single act is performed by the offender
ii. That the single act produces two or more grave felonies or
one or more less grave felonies, or two or more less grave
felonies.
E. What is the penalty for complex crimes under Article 48?
a. The penalty for complex crimes for the most serious crime in the
maximum period. Such penalty is beneficial to the accused for he is
given a single penalty instead of as many penalties as there are
crimes committed. The reason for the single penalty is that the basis
of the felony is the singularity of the act.
F. Distinguish Composite crimes from Complex Crimes.
a. Composite crime
i. The combination of the offenses is fixed by law. e.g.
1. Kidnapping with rape (Artilce 267)
2. The penalty for the specified combination of
crimes is also specific. e.g. kidnapping with rape
carries reclusion perpetua to death
3. Even if there are more than one count of the
component crime such as several rapes or
several homicides accompanying the kidnapping,
there is just one composite crime to be charged.
All the excess homicides /rapes accompanying
the kidnapping are absorbed in kidnapping with
homicide/rape.
 4. If a light felony accompanied the commission of
the composite offense, such light felony is
absorbed. Hence, robbery with serious physical
injuries absorbs the maltreatment or slight
physical injuries committed in the course of the
robbery.
b. Complex crime
i. The combination is not specified but in general terms, that
is grave and/or less grave; or one offense being the
necessary means to commit the other, e.g. forcible
abduction with rape (Article 342 and 266-A)
ii. The penalty is not specific but is for the most serious
offense in the maximum period
iii. If there is more than one count of the crime forming part
of the complex crime, the first shall be complexed while
the other counts may be treated as a separate crime. In
forcible abduction with rape only the first rape is
complexed with the abduction and the subsequent rapes
shall be charged separately. (Peaple V Jose)

G. What are continued crimes?

a. Continued crimes or Delito Continuado also known as continuous
crimes, the offender, impelled by a single criminal impulse, commits
a series of overt acts at about the same time in about the same
place and all the overt acts violate one and the same provision of
law.

H. May the principle of Delito Continuado be applied to special laws?

a. Yes. The concept of Delito Continuado, although an outcrop of the
Spanish Penal Code, has been applied to crimes penalized under
special laws. Under Article 10, the RPC shall be supplementary to
special laws, unless the latter provide the contrary. Hence, legal
principles developed therefrom may be applied in supplementary
capacity to crimes punished under special laws.

I. What is a Continuing Crime?

a. In the Rules of Court it is one where any of the elements of the
offense was committed in different localities such that the accused
may be indicted in any of those localities.
b. It may also refer to any offense which is continuing in time, e.g.
rebellion which may have been started years ago by the offender
and continuing up to the present.
Rebellion, insurrection, conspiracy and proposal to commit such crimes are in
the nature of continuing offenses, which set them apart from the common
offenses, aside from their essentially involving a massive conspiracy of
nationwide magnitude. (Garcia-Padilla v Enrile, 121 SCRA)

J. Can there be a complex crime in imprudence where one of the resulting

felonies is a light felony.