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Reinald Raven L Guerrero Legal Research Special Complex Crimes

EGAP MADSALI, SAJIRON LAJIM and MARON LAJIM VS. PEOPLE OF THE PHILIPPINES,

FACTS: 15 yo AAA and her aunt Inon Dama were fetching water in a cave in Brgy. Malitub, Bataraza,
Palawan. Suddenly, Sajiron arrived, running towards them and carrying a bolo. He held the hair of AAA and told
her, Sara, you go with me. If you will not go with me, I will kill you. Inon Dama came to AAA's rescue, but Sajiron tried
to hack her. Luckily, she was able to shield herself with a plastic container. Sajiron then drew his gun, which was tucked
in his waist, pointed it at Inon Dama and said, If you will not go, I will shoot you. Inon Dama went home and reported
the incident to AAA's mother. When Inon Dama left the place, Maron, Sajiron's father, suddenly appeared with a gun
and told AAA to come with them. When AAA refused, Sajiron and Maron tied her hands behind her back, covered her
mouth with a piece of cloth, and brought her to the forest. There, AAA was untied and undressed, leaving only her bra
on. Sajiron held her breast, touched her private parts and inserted his sex organ inside her vagina. AAA resisted, but
to no avail. She felt pain and she noticed blood on her private parts. She was sexually abused three times on the
ground, where she was made to lie down on a bed of leaves. During the entire time that AAA was being abused by
Sajiron, Maron stood guard and watched them. In the morning of the following day they brought AAA to the house of
Egap, where she was detained in a room.

ISSUE: Is there a special complex crime of Kidnapping and Serious Illegal Detention in the instant case?

HELD: YES. Where the law provides a single penalty for two or more component offenses, the resulting crime is called
a special complex crime. Some of the special complex crimes under the Revised Penal Code are (1) robbery with homicide, (2) robbery
with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide. In
a special complex crime, the prosecution must necessarily prove each of the component offenses with the same precision that would
be necessary if they were made the subject of separate complaints. As earlier mentioned, R.A. No. 7659 amended Article 267 of the
Revised Penal Code by adding thereto this provision: "When the victim is killed or dies as a consequence of the detention, or is raped,
or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed; and that this provision gives rise to
a special complex crime.

PEOPLE OF THE PHILIPPINES, - versus - EDMUNDO VILLAFLORES y OLANO,

FACTS: At about 10:00 oclock in the morning of July 2, 1999, Edmundo Villaflores aka Batman was seen leading
Marita by the hand. At about noon time, the witnesses Aldrin and Jovie, were at Batmans house where they used
shabu for a while. While in Batmans place, although he did not see Marita, Jovie presumed that Batman was hiding
the child at the back of the house. Jovie related that about 3pm of the same day, he heard cries of a child as he passed
by the house of Batman. At about 7:00 oclock in the evening, Jovie saw again Batman carrying a yellow sack towards
a vacant house. He thought that the child must have been in the sack because it appeared heavy. It was the sack that
he saw earlier in the house of Batman. In the afternoon of July 3, 1999, the lifeless body of a 5-year old child, Marita
was discovered by her father, Manito beside a toilet bowl at an unoccupied house about 5 houses away from their
residence. Autopsy Report yielded that there were multiple deep laceration at the hymen and the vestibule was abraded
and markedly congested while the posterior fourchette was likewise lacerated and markedly congested, which could
have been caused by an insertion of blunt object like a human penis. The cause of death was asphyxia by strangulation.
The external injuries could have been caused by contact with a blunt object like a piece of wood.
Accused was sentenced to death by the RTC for the special complex crime of rape with homicide.

ISSUE: What are the differences between a special complex crime and a complex crime?

HELD: The felony of rape with homicide is a composite crime. A composite crime, also known as a special complex
crime, is composed of two or more crimes that the law treats as a single indivisible and unique offense for being the
product of a single criminal impulse. It is a specific crime with a specific penalty provided by law, and differs from a
compound or complex crime under Article 48 of the Revised Penal Code, which states 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.
There are distinctions between a composite crime, on the one hand, and a complex or compound crime under
Article 48, supra, on the other hand. In a composite crime, the composition of the offenses is fixed by law; in a complex
or compound crime, the combination of the offenses is not specified but generalized, that is, grave and/or less grave,
or one offense being the necessary means to commit the other. For a composite crime, the penalty for the specified
combination of crimes is specific; for a complex or compound crime, the penalty is that corresponding to the most
serious offense, to be imposed in the maximum period. A light felony that accompanies a composite crime is absorbed;
a light felony that accompanies the commission of a complex or compound crime may be the subject of a separate
information.
PEOPLE OF THE PHILIPPINES versus CONRADO LAOG y RAMIN

FACTS: At around 6pm in the evening of June 6, 2000, the victim and and her friend, Jennifer, were walking along the
rice paddies on their way to apply for work in San Rafael, Bulacan. Suddenly, appellant, who was holding an ice pick
and a lead pipe, waylaid them and forcibly brought them to a grassy area at the back of a concrete wall. Appellant
struck AAA in the head with the lead pipe causing her to feel dizzy and to fall down and also Jennifer knocking her
down. Appellant stabbed Jennifer several times with the ice pick and thereafter covered her body with thick grass,
causing her death. Appellant then turned to AAA. He hit AAA in the head several times more with the lead pipe and
stabbed her on the face. While AAA was in such defenseless position, appellant pulled down her jogging pants,
removed her panty, and pulled up her blouse and bra. He then went on top of her, sucked her breasts and inserted his
penis into her vagina. After raping AAA, appellant also covered her with grass.
Appellant was charged and convicted of 2 separate crimes of murder and rape before the RTC and was affirmed by
the CA.

ISSUE: should the accused be charged of the special complex crime of Rape with Homicide?

HELD: YES. While the SC concur with the trial courts conclusion that appellant indeed was the one who raped AAA
and killed Jennifer, they find that appellant should not have been convicted of the separate crimes of murder and
rape. The facts alleged and proven clearly show that the crime committed by appellant is rape with homicide, a special
complex crime provided under Article 266-B, paragraph 5 of the Revised Penal Code, as amended by Republic Act
(R.A.) No. 8353.
A special complex crime, or more properly, a composite crime, has its own definition and special penalty in the Revised Penal Code,
as amended. Composite crimes are neither of the same legal basis as nor subject to the rules on complex crimes in Article 48
[of the Revised Penal Code], since they do not consist of a single act giving rise to two or more grave or less grave felonies
[compound crimes] nor do they involve an offense being a necessary means to commit another [complex crime proper].
However, just like the regular complex crimes and the present case of aggravated illegal possession of firearms, only a
single penalty is imposed for each of such composite crimes although composed of two or more offenses.

PEOPLE OF THE PHILIPPINES, vs. ROGELIO MORENO y REG

FACTS: At about 12:45 A.M. of 8 January 1999, as Marites was walking along ABC Commercial Complex, Makati,
after her, noticed a man behind her. Suddenly, the man put his arms around her and pointed a fan-knife at her neck.
MARITES noticed the tattoos in his arms and recognized him to be ROGELIO. ROGELIO dragged MARITES and at
the same time ordered her to follow him to the side of ABC Complex. ROGELIO grabbed MARITESs long-sleeved
shirt, unbuttoned it, and pushed her to the vacant space behind the car then parked on the side of ABC Complex. He
again pointed his knife at her throat and pulled down her pants. ROGELIO ordered MARITES to open her legs apart
or else he would kill her. MARITES was forced to obey him. ROGELIO then went on top of her with his right hand
holding her throat, inserted his sexual organ into hers, and kept on pumping. After he was through, ROGELIO went
again on top of MARITES and ordered her to put his organ inside her vagina but she refused. ROGELIO forthwith put
on his shorts and snatched the shoulder bag of MARITES, which contained her ATM card, 200 cash, a small Bible,
coupons of Burger Machine and T-shirt with Burger Machine markings. He then ran away towards the direction of the
other side of EDSA.
The trial ourt finds accused Rogelio Moreno y Reg, guilty beyond reasonable doubt of having committed the special
complex crime of robbery with rape and sentenced to death.

ISSUE: Should the accused be sentenced to the special complex crime of robbery with rape?

HELD: NO, instead, of the separate crimes of rape and theft. The special complex crime of robbery with rape defined
in Article 293 in relation to paragraph 2 of Article 294 of the Revised Penal Code, as amended, employs the clause
"when the robbery shall have been accompanied with rape." In other words, to be liable for such crime, the offender
must have the intent to take the personal property of another under circumstances that makes the taking one of robbery,
and such intent must precede the rape. If the original plan was to commit rape, but the accused after committing the
rape also committed robbery when the opportunity presented itself, the robbery should be viewed as a separate and
distinct crime. Clearly then, the taking of personal property was not the original evil plan of ROGELIO. It was an
afterthought following the rape.

PEOPLE OF THE PHILIPPINES vs. JOHNNY MALINAO Y NOBE

FACTS: At 6:00 in the evening, Nestor was on his way home from work and passed by the place where appellant was
drinking with some friends. As Nestor was approaching, appellant fired his gun and invited Nestor to join them and
offered him a drink which Nestor accepted. Then Nestor excused himself for home but appellant offered him another
drink, which he politely refused. Enraged at the refusal, appellant drew his revolver from his waist and shot Nestor on
the chest. When Nestor fell, appellant shot him again at the back of the head, resulting in his immediate death.
In convicting appellant, the trial court held that an accused who is charged with having committed murder or
homicide with the use of an unlicensed firearm should be liable only for the graver offense of aggravated illegal
possession of firearm under the second paragraph of Section 1 of PD 1866 because the situation contemplated therein
is a special complex crime, and only a single penalty is imposed for each of such composite crimes although composed
of two or more offenses.
Thus, murder case was dismissed and he is rendered guilty of illegal possession of firearm in its aggravated form under
the second paragraph of Sec. 1 of PD 1866 and for this offense he is hereby sentenced to the penalty of death.

ISSUES: 1. Was the ruling of the RTC correct?


2. What are special complex crimes?

HELD: 1. NO. He may only be held liable for murder. The formulation in R.A. 8294, that if homicide or murder is
committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an
aggravating circumstance, signifies a legislative intent to treat as a single offense the illegal possession of firearms and
the commission of murder or homicide with the use of an unlicensed firearm. Thus, where an accused used an
unlicensed firearm in committing homicide or murder, he may no longer be charged with what used to be the two (2)
separate offenses of homicide or murder under The Revised Penal Code and qualified illegal possession of firearms
used in homicide or murder under P.D. 1866; in other words, where murder or homicide was committed, the penalty
for illegal possession of firearms is no longer imposable since it becomes merely a special aggravating circumstance.
2. The so-called special complex crimes, which should more appropriately be called composite crimes,
punished in Article 294, Article 297 and Article 335, are neither of the same legal basis as nor subject to the rules on
complex crimes in Article 48, since they do not consist of a single act giving rise to two or more grave or less grave
felonies nor do they involve an offense being a necessary means to commit another. However, just like the regular
complex crimes and the present case of aggravated illegal possession of firearms, only a single penalty is imposed for
each of such composite crimes although composed of two or more offenses. Even if two felonies would otherwise have
been covered by the conceptual definition of a complex crime under Article 48, but the Code imposes a single definite
penalty therefor, it cannot also be punished as a complex crime, much less as separate offenses, but with only the
single penalty prescribed by law.