revised penal code book 1 re Art 49-50 .pptx

revised penal code book 1 re Art 49-50 .pptx

1. REVISED PENAL CODE ARTICLE 49 – PENALTY FOR COMPLEX CRIMES BICOL COLLEGE College of Law Daraga, Albay

2. I. Plurality of Crimes Consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared (Guevarra)

3. Kinds of Plurality of Crimes A. Formal or Ideal - there are different criminal acts but only one criminal liability B. Real or Material – there are different crimes and the offender shall be punished for each and every offense he committed

4. Formal or Ideal Plurality Example: A wanted to kill B but because of poor aim, he missed A and the bullet landed on B, a bystander who died as a consequence. Crime: COMPLEX CRIME of Homicide and Attempted Homicide

5. Article 48. Penalty for Complex Crimes When a single act constitutes two or more crimes, or when an offense is necessary means for committing the other, the penalty for most serious crime shall be imposed, the same to be applied in its maximum period .

6. 2. Real or Material Plurality Example: A hacked B with a bolo and killed him. A also hacked C with the same bolo and killed him. Crime: Two (2) counts of Homicide He shall be punished for each every crime that he committed

7. Formal or Ideal Plurality Complex Crimes under Article 48 Special Complex Crimes Continued/Continuous Crimes

8. Formal or Ideal Plurality Complex Crimes under Article 48 a. Compound Crimes b. Complex Crime Proper

9. Article 48. Penalty for Complex Crimes When a single act constitutes two or more crimes , or when an offense is necessary means for committing the other, the penalty for most serious crime shall be imposed, the same to be applied in its maximum period. Compound Crimes

10. Article 48. Penalty for Complex Crimes When a single act constitutes two or more crimes , or when an offense is necessary means for committing the other , the penalty for most serious crime shall be imposed, the same to be applied in its maximum period. Complex Crime Proper

11. Formal or Ideal Plurality Complex Crimes under Article 48 a. Compound Crimes b. Complex Crime Proper 2. Special Complex Crimes – one is in substance is made up of more than one crime but which in the eyes of the law is only a single indivisible offense - The law specifically fixes a single penalty for two or more offenses committed

12. 2. Special Complex Crimes Example: One night while A was walking, B appeared and pointed a gun at B. B demanded to A that he give up his cellphone and wallet. A fought back so B shot him. Robbery with homicide

13. Examples of Special Complex Crimes Robbery with Homicide (Article 294, Par.1 ) – reclusion perpetua to death Kidnapping with Homicide ((Article 267 as amended by RA 7659) – reclusion perpetua to death Rape with Homicide (Article 266-B) - death

14. Formal or Ideal Plurality Complex Crimes under Article 48 a. Compound Crimes b. Complex Crime Proper 2. Special Complex Crimes – one is in substance is made up of more than one crime but which in the eyes of the law is only a single indivisible offense - The law specifically fixes a single penalty for two or more offenses committed

15. 2. Special Complex Crimes Example: One night while A was walking, B appeared and pointed a gun at B. B demanded to A that he give up his cellphone and wallet. A fought back so B shot him. Refer to Article 294 of the RPC

16. Formal or Ideal Plurality Complex Crimes under Article 48 Special Complex Crimes Continued/Continuous Crimes - one where the offender performs a series of acts violating one and the same penal provision committed for the same criminal purpose

17. 3. Continued/Continuous Crimes Example: A learned that his neighbor B went out of town for vacation. B was the caretaker of the roosters owned by X, Y, and Z . A stole there (3) roosters belonging to X, Y, and Z. Crime: Single Offense of Theft

18. 3. Continued/Continuous Crimes Example: A sent an anonymous letter to B which read, “If you will not deposit Php5,000 to this account xxxx , I will kill your family. B deposited 2k. One month later, A sent anther letter with the same demand and threat. Two weeks later, A sent another letter. This time he was caught and arrested. Crime: Single offense of grave threat Please refer to Article 282 of the RPC

19. Continued/Continuous Crime vs Continuing/Transitory Crime

20. Continued/ Continuous Crime Continuing/ Transitory Crime A single crime consisting of series acts violating one and the same penal provision committed by the same criminal purpose/resolution Previous Example: Theft of roosters -Term used in Criminal Law A crime that may be prosecuted not only before the court of the place where it was originally committed or began, but also before the court of the place where the crime was continued Rule 110 of the Rules of Court -Term used in Criminal Procedure

21. Formal or Ideal Plurality Complex Crimes under Article 48 Special Complex Crimes Continued/Continuous Crimes

22. Formal or Ideal Plurality Complex Crimes under Article 48 a. Compound Crimes b. Complex Crime Proper

23. Article 48. Penalty for Complex Crimes When a single act constitutes two or more crimes , or when an offense is necessary means for committing the other, the penalty for most serious crime shall be imposed, the same to be applied in its maximum period. Compound Crimes

24. Formal or Ideal Plurality Complex Crimes – there is only one crime committed Example: A was heartbroken because B was already in love with C. A wanted to kill C but because of poor aim, he hit another student who eventually became blind because of the injury. Crime: Complex Crime of Attempted Homicide and Serious Physical Injury (Article 263)

25. Attempted Homicide (Article 249- Article 51) Serious Physical Injury Refer to Article 249 (Homicide, Article 51 (Attempted Crime), Article 71 (Graduated Scales) PRISION CORRECTIONAL Refer to Article 263 PRISION MAYOR (more serious crime)

26. Article 71. Graduated Scales Death Reclusion perpetua Reclusion temporal Prision mayor Prision correccional Arresto mayor Destierro Arresto menor Public Censure Fine

27. Compound Crimes Requisites: That only a single act is performed by the offender That the single act produces two or more grave or less grave felonies

28. Compound Crimes Requisites: That only a single act is performed by the offender That the single act produces two or more grave or less grave felonies - excluded crimes punishable by special laws

29. Example: A’s neighbor was having a party. They kept singing Pusong Bato and this infuriated A. He threw a hand grenade to his neighbor’s house and one was killed and tqwo suffered minor injuries. Complex Crime of Murder and Multiple Attempted Murders

30. Example: A was heartbroken because B was already in love with C. A wanted to kill C but because of poor aim, he hit another student who eventually became blind because of the injury. Crime: Complex Crime of Attempted Homicide and Serious Physical Injury (Article 263)

31. Article 25 in Relation to Article 9 Capital Punishment: Death Afflictive Penalties: Reclusion perpetua Reclusion temporal Perp./Temp. absolute disqualification Perp./Temp. absolute disqualification Prision mayor Correctional Penalties: Prision correccional Arresto mayor Suspension Destierro Light Penalties: Arresto menor Public Censure GRAVE FELONY LESS GRAVE FELONY LIGHGT FELONY

32. How about Light Felonies? Example: When Maria got drunk, Pedro volunteered to bring her home. Instead, he brought her to a motel where he raped her. She also suffered slight physical injuries.

33. Light Felonies which are produced by the same act: Absorbed by the grave felony; or Punished as a separate offenses

34. How will the crimes resulting from fault or culpa be considered? Jason Ivler v. Hon. Modesto Two Separate Offenses Reckless imprudence resulting in slight physical injuries Reckless Imprudence resulting homicide and damage to property

35. Jason Ivler v. Hon. Modesto Held: Article 365 should proceed from a single charge regardless of the number or severity of the consequences There shall be no splitting of charges and only one information shall be filed in the same first level court

36. Complex Crime Proper – When an offense is a necessary means for committing the other Requisites: That at least 2 offenses are committed; That one or some of the offenses must be necessary to commit the other; That both or all of the offenses must be punished under the same statute

37. Complex Crime Proper – When an offense is a necessary means for committing the other Requisites: That at least 2 offenses are committed; That one or some of the offenses must be necessary to commit the other; That both or all of the offenses must be punished under the same statute

38. Necessary vs Indispensable Means Example of Indispensable Means: A is envious of B. While B is sleeping at the balcony, A threw a grenade. B died as a result. Refer to Article 324. Crimes involving destruction No separate crimes.

39. Necessary vs Indispensable Means Example of Necessary Means: Maria was abducted by Pedro and was carried to a secluded place. Upon arriving the place, Pedro raped Maria. Complex crime of rape through abduction

40. Complex Crime Proper – That both or all of the offenses must be punished under the same statute Example: Maria gave Pedro Php20k to pay the BIA for the capital gains tax. Instead of paying, he forged the BIR receipt and pocketed the money. COMPLEX CRIME OF ESTAFA through falsification of public document

41. Rules to Remember: One information should be filed when a complex crime is committed (Refer to Rule 110, Section 13) Article 48 does not apply when the law provides for one single penalty for special complex crimes (ex. Robbery with homicide under Article 294, par. 1)

42. Rules to Remember: 3. No complex crime when one offense is committed to CONCEAL the other Example: Pedro professed to Maria but she refused it. Pedro got angry and killed Maria. In order to dispose the corpse, Pedro set the house on fire.

43. ARTICLE 49. Penalty to Be Imposed Upon the Principals When the Crime Committed is Different from that Intended. — In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.

44. 2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.

45. 3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempt or the frustrated crime shall be imposed in its maximum period.

46. Applies only when there is a mistake in the identity of the victim of the crime and the penalty for the crime committed is different from the crime intended to be committed (Applies to error in personae )