5. Plurality of Crimes

PLURALITY OF CRIMES

Consists in the successive execution, by the same individual, of different criminal acts, upon any of which no conviction has yet been declared. There is recidivism when, at the time of trial for a crime, the offender has previously been convicted by final judgment of another crime embraced in the same title of the RPC. (Art. 14(9), RPC) (Reyes, Book I)

• Real or material plurality - Different crimes in law, as well as in the conscience of the offender. The offender shall be punished for each and every offense that he committed.
• Formal or ideal plurality - Only 1 criminal liability:
• When the offender commits any of the complex crimes in Art. 48;
• When the law specifically fixes a single penalty for 2 or more offenses committed (special complex crimes); and
• When the offender commits continuous crimes

Effect when warrant secured through false affidavit

The crime punished by the article cannot be complexed but will be a separate crime from perjury. (REGALADO)

WHEN THERE IS NO COMPLEX CRIME:

• In case of continuous crimes
• When one offense is committed to conceal the other

E.g. After committing homicide, the accused, in order to conceal the crime, set fire to the house where it had been perpetrated (People vs. Bersabal, G.R. No. 24532)

Setting fire to the house is arson. Neither homicide nor arson was necessary to commit the other.

• When the other crime is an indispensable part or an element of the other offenses

• Where one of the offenses is penalized by a special law

E.g. Where a loose firearm is used to commit murder or homicide, its use is an aggravating circumstance under Sec. 29 of RA 10591, subject to that section’s qualifications. (People vs. Quijada, supra)

• When the provision provides for a two-tiered penalty

E.g. Usurpation of property (Art. 312), Malicious procurement of a search warrant (Art. 129), Bribery (Art. 210, par. 1)

Under Art. 48, the following example describes a complex crime, not an instance where there is no complex crime: Accused forcibly abducted a 19-year old girl, and took her to the woods where she was raped. The crime of forcible abduction was a necessary means for committing the crime of rape. (See People vs. Manguiat, G.R. No. L-28377)

Crimes involved cannot be legally complexed:

• Malicious obtainment or abusive service of search warrant (Art. 129, RPC) with perjury;
• Bribery (Art. 210, RPC) with infidelity in the custody or prisoners;
• Maltreatment of prisoners (Art. 235, RPC) with serious physical injuries; and
• Usurpation of real rights (Art. 312, RPC) with serious physical injuries.