Article 48 : PENALTY FOR

COMPLEX CRIMES If the accused ambushed a jeep, 2

Example :
A gun releases three (3) bullets
SC : The single act referred to is not
the pressing of the trigger
Consider the number of bullets fired
and the people injured
ie. ten (10) bullets = ten (10) people
died
people died and 7 were injured = 2
counts of murder. 7 counts of
frustrated murder
COMPLEX CRIME PROPER
There is no Estafa thru Falsification of
Private Documents
Why? Under Complex Crime Proper,
both crimes must not have the same
elements

Ten (10) separate crimes were

committed

If bullet number 9 hit A and then B, a

complex crime was committed

If a bomb kills ten (10), only ONE

(1) crime was committed

Band

A band shot at a bus and two (2)

people died

Old decisions of the SC :

OD # 1 : Conspiracy = Only one (1)

act = one (1) crime

OD # 2 : Separate crimes for each

of the accused

New Decision of the SC : People v

Nelmida (09/11/12) : Separate acts,
Separate Crimes Doctrine
PENALTIES
Stages
1. IMPOSITION : Given by the Court
2. SERVICE : Obligation of the
accused to serve the penalty
IMPOSITION
1. Material Accumulation of
Penalties
All penalties provided for by
law shall be imposed even if
the total period exceeds a
lifetime
2. Absorption of Penalties
Accused found guilty of 2 or
more crimes. The court
imposes the highest penalty,
other penalties are absorbed
(no pronouncement as to
them)
SERVICE
1. Absorption of Penalties
Accused serves only the
most severe penalty. The
lesser penalties are deemed
served
2. Simultaneous Service
2 or more penalties served
at the same time if nature of
the penalties allow
Example : Imprisonment +
Fine
3. Successive Service
Service of Penalties is one Step 2 : Compare the sum
after the other to 40 years
What must be served first? 10 years < 40 years
Apply the THREE-FOLD RULE
Step 3 : Multiply the most
a. Service of penalties severe penalty by 3
according to severity
4 x 3 = 12
For how long?
Step 4 : Compare all
Not more than 40 penalties computed
years
Not more than 3X the 10 < 12 < 40
most severe
Since 10 years is the
How computed? lowest, the accused shall
serve the sentence of 10
years maximum
Add the penalties and
compare the sum to 40
years
NOTE : The Court recognizes RP as 30
Multiply the most
years
severe penalty by
three (3) Only apply the above mentioned if
there are AT LEAST FOUR (4)
The lowest result shall PENALTIES
be the penalty to be
served by the accused
Where must the accused serve his
Example : The accused was sentence?
sentenced and given the
following penalties : For Imprisonment = penal
establishment or correctional
1 year, 2 years, 3 years, 4 institutions
years imprisonment
Rules :
Step 1 : Add the penalties
a. If the accused was convicted
1 + 2 + 3 + 4 = 10 years with a penalty that does not
exceed 6 months : MUNICIPAL
JAIL
 b. If penalty is more than 6
months up to 3 years :
PROVINCIAL OR CITY JAIL
c. If more than 3 years :
MUNTINLUPA
Can service be done outside jail?
GR : NO
EXC : If the penalty is Arresto Menor
AND the accused is suffering due to
health reasons and imprisonment may
seriously aggravate his health
Alternative : House Arrest under
supervision of the BJMP AND provided
that the court allows it (must be
explicitly stated in the decision)
EXTINCTION OF CRIMINAL
LIABILITY
PRESCRIPTION OF THE CRIME
Refers to the loss of the right of the
State to file charges/prosecute the
accused after the lapse of time
Basis : Avoid the threat of
prosecution
For Special Penal Laws :
GR : Prescriptive Period is that
provided for under the SPL
EXC : When no Pres Per is provided,
counted after the commission of the
crime if known to the offended party
OR upon discovery
Under the Revised Penal Code :
GR : One (1) day after the date of the
commission of the crime if known by
the OP
EXC : Crime was not known
a. Upon knowledge of the OP
b. Upon knowledge of the law
enforcement agents
NOTE : Discovery refers to the
commission of the crime and
not to the identity of the
perpetrator
What shall prevail, the
knowledge of the OP or LEA?
The knowledge of the OP,
unless the OP is unable to file an
action ie. Death
NOTE : LEA refers to persons
with legal obligation to investigate or
prosecut
Example :
OP was out of the country for six (6)
months. On June 01, he discovered his
house was robbed. He later found out
that the actual robbery occurred on
February 01 and that his neighbor told
the police of such robbery on February
20.
When shall the pres per start running?
June 01
EXC TO THE EXC : Upon the
happening of a certain event
a. False testimony of the accused
b. Under BP 22 : Pres Per is 4 years
counted from 5 days after the
accused received the Notice of
Dishonor
Why? Criminal liability arises
after the 5-day period to make
good the check

c. If the law provides for
Constructive Knowledge of the
crime, the pres per begins to
run from actual constructive
knowledge
Example : Registration of Land
Title
Pres Per counted from the time
the false document was
registered ie. when sale was
over a property not owned by
the seller
If the accused was tried in absentia,
the pres per does not run if before
being brought to jail, the accused
escaped. Such escape shall go hand-
in-hand with evasion of service of
sentence
If the pres per starts running, shall we
include non-working days? No.
However, if the last day falls on a non-
working day, the State cannot file the
charges on the next business day. If he
does so, the action shall have already
prescribed.
When is the pres per interrupted?
Rules :
a. If committed in a CHATERED
CITY
- The filing of the charge with
the City Prosecutor tolls the
running
Why? Direct filing in court is
prohibited
b. If covered under Rules on
Summary Procedure
- Filing in court tolls the
running
c. If in PROVINCES
- If the case requires a
Preliminary Investigation,
the filing of the case with the
proper offices to conduct the
PI tolls the running
- If there is no PI required, the
filing in court tolls the
running of the period
When shall it run again?
If the Prosecutors Office
dismisses the case without conviction
or acquittal
The OP may file an MR within 15
days.
If filed on time, the parties must
wait until the resolution of the case
If the Prosecutor fails to file
amended information within the period
allowed by the court, the pres per
shall begin to run again
If the accused is a fugitive
a. If accused escaped to a country
where no extradition treaty
exists with the Philippines, the
pres per is suspended
b. If there is an extradition treaty,
the pres per continues to run
PRESCRIPTION OF PENALTIES
RPC : Article 92
SPL : GR : Indicated
EXC : If no indication, use Article
92
Rationale : To compel the State to
exhaust resources to get the accused
who runaway from jail
Requisites:
a. Accused was convicted and
imprisoned pursuant to
judgment that has reached
finality
b. The accused escaped from
imprisonment (Presupposes that
he was actually put in jail)
BY MARRIAGE OF THE OFFENDED
WOMAN
If the marriage was preceded by Rape,
the marriage must be in good faith.
However, the OP filed a Rape case
which was dismissed but later on, the
marriage turns out to be a sham, the
OP can refile the Rape case. There will
be no Double Jeopardy (OPINION OF
PROS. SAGSAGO)

COMMUTATION
1. Original Penalty is replaced with
another penalty
2. Original term of imprisonment
reduced to a lower term
ALLOWANCE / DEDUCTIONS
- Certain days are deducted
from the penalty
1. Good conduct
2. Loyalty
a. Non-runaways : Deduction of
2/5
b. Runaway : Only 1/5
3. 15 days for each month of
studying, reading, teaching
PROBATION
- State/condition where a
person was convicted with
imprisonment of not more
than 6 years and instead of
serving sentence in jail, he is
released to a probation
officer
Stages
a. Bail
b. Court releases accused to
probation officer
c. Investigation
d. Report submitted to Court
(Recommendation)
e. Office of the Prosecutor submits
opinion or comment to the court
f. Court decides
Grounds for denial of Probation
a. The accused is in need of
correctional treatment /
imprisonment is best for the
accused
b. Accused poses undue risk
- Accused might commit
another offense
c. Depreciation of seriousness of
the offense