Article 48 of the Revised Penal Code: Complex crimes
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Act No. 4000 (Wording as amended by this law.)
What does Article 48 say?
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.
What does it mean in plain language?
Article 48 deals with complex crimes. When one act results in two or more grave or less grave felonies, or when one crime is committed as a necessary means to commit another, the offender gets only one penalty: the penalty for the most serious crime, in its maximum period. The crimes are punished together, not one by one.
The full text, as amended by Act No. 4000 (1932):
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.
How does it work in real life?
Edgar: one blast, two victims
Edgar throws a homemade explosive at a group and two people are killed. If the court finds that a single act caused both deaths, this can be a complex crime: one penalty, that of the most serious crime, in its maximum period.
Nina: a fake deed to get money
Nina forges a public document to make it look like she owns a lot, then uses it to get money from a buyer. The falsification was a necessary means to commit the estafa. This is the kind of complex crime discussed in Carungcong: estafa through falsification of a public document.
Jun: one crash, several results
Jun, texting while driving, rear-ends a jeepney. Three passengers are hurt and the jeepney is damaged. Under Ivler, this is one case of reckless imprudence, not a complex crime under Article 48 and not several separate cases.
What does this mean in practice?
- The prosecutor frames the charge. Whether facts make one complex crime or separate crimes is set out in the information and decided by the court.
- Relatives and complex crimes. In Carungcong, the Court held that the exemption of relatives for theft, swindling and malicious mischief does not apply when the crime is complexed with another, such as estafa through falsification.
- Related pages. See falsification of documents, estafa penalties and reckless imprudence. For help with a case, see find legal help.
What are the two kinds of complex crimes?
| Kind | What happens | Words of Article 48 |
|---|---|---|
| One act, several felonies | A single act produces two or more grave or less grave felonies | "a single act constitutes two or more grave or less grave felonies" |
| Necessary means | One offense is committed in order to commit another | "an offense is a necessary means for committing the other" |
In Carungcong v. People (2010), the Supreme Court explained that under Article 48 this "formal plurality of crimes" gives rise to a single criminal liability and requires a single penalty. The case itself involved estafa through falsification of public documents, a complex crime of the second kind.
What penalty is imposed?
Two steps follow from the text:
- Find the most serious crime among those committed.
- Impose its penalty in the maximum period. Most penalties of the Code are divided into a minimum, medium and maximum period; Article 48 sends the court to the top period. See the table of the duration of penalties.
Which crimes are grave or less grave?
Article 9 classes felonies by penalty. Grave felonies carry capital punishment or penalties that are afflictive in any of their periods, and less grave felonies carry penalties that are correctional in their maximum period. Light felonies carry arresto menor or a fine up to the amount set in Article 9, or both. The first kind of complex crime in Article 48 covers only grave and less grave felonies.
Does Article 48 apply to accidents caused by reckless imprudence?
No. In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that Article 48 "is incongruent to the notion of quasi-crimes under Article 365". Reckless imprudence is a single offense, however many people or things it harms. All the results of one careless act are prosecuted once, and each is penalized as Article 365 provides. A conviction or acquittal for one result bars a second case for the others.
Is robbery with homicide a complex crime under Article 48?
Some combinations are written into the Code as one crime with their own penalty. For example, Article 294 gives a specific penalty for robbery when, "by reason or on occasion of the robbery", homicide is committed. There, the penalty is the one that article sets for the combination.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is a complex crime?
Under Article 48, there is a complex crime when a single act constitutes two or more grave or less grave felonies, or when one offense is a necessary means for committing the other. Only one penalty is imposed: the penalty for the most serious crime, in its maximum period.
What are the two kinds of complex crimes?
The first is a single act that produces two or more grave or less grave felonies. The second is an offense committed as a necessary means to commit another, such as falsifying a document in order to commit estafa.
What penalty is imposed for a complex crime?
Article 48 says the penalty for the most serious crime is imposed, applied in its maximum period. The offender is not given separate penalties for each crime.
Can light felonies form a complex crime?
The first kind in Article 48 speaks only of grave or less grave felonies. A light felony is not covered by those words.
Does Article 48 apply to reckless imprudence cases?
No. In Ivler v. Modesto-San Pedro (2010), the Supreme Court held that Article 48 is incongruent with quasi-crimes under Article 365. One reckless act is one offense, prosecuted once, with each result penalized as Article 365 provides.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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