complex, continuing, continued crimes

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COMPOUND COMPLEX CRIME

COMPOUND COMPLEX CRIMECOMPLEX CRIME PROPER SPECIAL COMPLEX CRIME/

COMPOSITE CRIMECONTINUING CRIMECONTINUOUS/ CONTINUED CRIME

(1) Reckless imprudence resulting in grave or less grave offenses

(2) Direct assault with crimes (i.e. light felony) resulting from the assault

(3) Laying of hands during or by reason of the performance of the duties of PA resulting to less serious physical injuries (Art 148 and 265)

(4) Falsification of public/ official commercial document with estafa (deceit)

(5) Serious physical injuries with unintentional abortion

(6) Reckless imprudence resulting to serious physical injuries with unintentional abortion

(7) Malicious mischief resulting to death and injuries(8) Malversation through falsification of documents with illegal exaction

(9) Forcible abduction with rape

(a) By using force/ intimidation;

(b) Woman is deprived of reason or otherwise unconscious; and

(c) When the woman is under the age of 12 or is demented

(10) Robbery with homicide AND robbery with force upon things

(11) Robbery with serious illegal detention to extort amount which is in the nature of ransom(1) Rape with homicide

(2) Kidnapping with rape

(3) Kidnapping with homicide/ murder of the kidnapped

(4) Kidnapping with physical injuries

(5) Robbery with rape

(6) Robbery with homicide

(7) Robbery with serious physical injuries

(8) Robbery with intentional mutilation

(9) Robbery with arson

(10) Arson with homicide

(11) Carnapping with homicide/ muder/rape

(12) Piracy/ mutiny with murder/homicide/ physicial injuries/ rape

(13) Hijacking of an aircraft with murder/ homicide/ serious physical injuries/ rape

(14) Torture resulting in the death/ homicide

(15) Torture resulting in mutilation

(16) Torture with rape

(17) Torture with other forms of sexual abuse and in consequence thereof, victim shall have become insane, imbecile, impotent, blind, maimed for life(1) Rebellion

(2) Proposal to commit rebellion

(3) Conspiracy to commit rebellion

(4) Insurrection

(5) Proposal to commit insurrection

(6) Conspiracy to commit insurrection

(7) Abduction

(8) Illegal detention

(9) Kidnapping

(10) Squatting

(11) Violation of B.P. 22

(12) concubinage(1) Single larceny doctrine

(2) series of overt acts to amass at least P50 million to constitute as plunder

SINGLE CRIME (one crime absorbs another)TWO SEPARATE CRIMES

(1) rebellion/ insurrection absorbs

(a) illegal possession of firearm;

(b) use of unlicensed firearm in the commission; and

(c) murder

(2) sedition absorbs unlicensed firearm

(3) less serious physical injury inflicted while committing direct assault is treated as a generic aggravating circumstance(4) article 265 and victim is a PA but the laying of the hands is not by reason of his being a PA or due to the performance of his function

(5) illegal sale and illegal possession of dangerous drugs (if quantity is same as that negotiated)

(6) possession of instruments WHILE administering dangerous drugs

(7) arson as a means to kill and other houses were also burned (generic aggravating)

(8) homicide but resorted to arson merely as a joke (reckless imprudence resulting to homicide)

(9) homicide/ murder/ parricide with the use of unlicensed firearm (use is aggravating)

(10) slight felony with illegal possession (absolutory)

(11) qualified serious physical injuries if victim is any of those of parricide, excluding the parents, as a result of excessive chastisement

(12) qualified serious physical injuries and there are any qualifying circumstances for murder

(13) murder/ homicide only (no kidnapping) if the taking was only incidental

(14) more serious crime (with overt acts) absorbs qualified trespass to dwelling

(15) robbery absorbs possession of picklocks

(16) cattle rustling absorbs killing (1) art 129 + perjury (obtained search warrant without probable cause)(2) art 160 (quasi- recidivisim) + habitual delinquency

(3) art 290 + administrative action

(4) art 210 + crime agreed upon

(5) art 214 + penalties in chapter 6 title x

(6) art 235 + physical injuries/ damage caused

(7) art 279 + abandonment and exploitation of minors (art 275 and 278)

(8) art 312 + acts of violence executed

(9) art 315 + BP22 and illegal recruitment

(10) art 330 + consequence of criminal act

(11) rebellion with offenders engaging in war against government forces

(12) rebellion and offenders are public officers and as such, commit serious violence or destruction of property

(13) rebellion and offenders are public officers and they exact contributions for support

(14) offenders, as public officers, divest public funds from the purposes for which these were appropriated

(15) falsification of private document + Estafa (no deceit)

(16) illegal sale and illegal possession of dangerous drugs (if quantity possessed is greater than quantity negotiated)

(17) possession of instruments and administering drugs

(18) consummated bribery and corruption of public officers

(19) illegal exaction and malversation (if collected a bigger amount and pocketed the excess)

(20) falsification of official receipt and malversation (if resorted to falsification to conceal malversation)

(21) arson to conceal murder/ homicide

(22) multiple rapes committed at about the same time and place

(23) kidnapping with homicide/ murder if person killed is not the kidnapped

(24) sexual abuse and child abuse

(25) rape with homicide AND robbery (if raped then killed then robbed with force)

(26) rape with homicide AND theft (if raped then killed then took jewelry)

(27) robbery with homicide (rape is absorbed) (if robbed then raped then killed OR raped then robbed then killed)

(28) rape and theft (if rape was the primary intent and the taking was an afterthought)(29) robbery and arson (robbery with force upon things and thereafter the house was burned to cover up crime)

(30) theft and homicide (if it cannot be said with moral certainty the intent of the accused was to steal the valuables and that the killing was a mere incident to the robbery)

(31) arson and murder/homicide and the house was burned to conceal the murder/ homicide

(32) adultery and concubinage (if illicit relationship with a married woman)

(33) usurpation with homicide/ physical injuries (art 263(1) and (2))

(34) usurpation with rape/ intentional mutilation

(35) usurpation with physical injuries (art 263(3) and (4))

(36) usurpation with intimidation/ inflict physical injuries (art 265 and art 266)

Nikki Bellosillo