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Complex crimes and composite crimes

a. Complex crimes

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. (Article 48, Ibid.)

SAME; HOW TO KNOW IF A COMPLEX CRIME: In order to determine whether two offenses constitute a complex crime, we should not find out whether, in accordance with their definition by law, one of them is an essential element of the other, such as physical injuries which cause the death of the victim, or stealing of personal property without the consent of the owner through force or violence, for in such cases there would be only one single offense of homicide in the first and robbery in the second case. But we should take into consideration the facts alleged in a complaint or information and determine whether one of the two separate and different offenses charged therein was committed as a necessary means to commit the other offense; if it were the two offenses constitute one complex crime; otherwise the complaint or information charges two crimes or offenses independent from one another. (Parulan v. Rodas, En Banc, G.R. No. L-1536, 31 July 1947)

SAME; TWO (2) KINDS OF COMPLEX CRIMES: In a complex crime, two or more crimes are actually committed, however, in the eyes of the law and in the conscience of the offender they constitute only one crime, thus, only one penalty is imposed....

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