f. Continuous/Continued Crime (Delito Continuado) vs. Continuing/Transitory Crime

Crime of masses

A crime of masses, of the multitude; cannot be committed by only one person. It is a continuing crime.

Treason is a continuous offense

Treason is a continuous offense. (People v. Victoria, G.R. No. L-369)

CONTINUOUS (CONTINUED OR CONTINUING) CRIME

CONTINUED CRIME (DELITO CONTINUADO) VS. CONTINUING OR TRANSITORY CRIME

A continued crime is a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed.

However, when two acts are deemed distinct from one another although proceeding from the same criminal impulse, two offenses were committed. The principle cannot be applied. (People vs. Ramos, 59 O.G. 4052)

A continuous crime is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy. (Mallari vs. People, G.R. No. L-58886)

Mallari uses “continuous crime” in the sense of a continued crime: multiple acts treated as one offense. A continuing or transitory crime instead concerns an offense that continues across territorial boundaries, which may affect venue.

Requisites Of Continuing Crime:

• Multiplicity of acts;
• Unity of criminal Purpose or intent; and
• Unity of criminal Offense violated.

Continued crime not a complex crime

A continued crime is not a complex crime because the offender in continued or continuous crime does not perform a single act, but a series of acts, and one offense is not a necessary means for committing the other. A continuous crime is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy. (Mallari vs. People, supra)

Example: X defrauded A through falsification of a public document by obtaining the title of a lot, belonging to B, and by misrepresenting to A that B was badly in need of money and was offering the title of the said lot as collateral for a loan of P1500. X executed a Deed of Real Estate Mortgage, signing the name of B and induced A to deliver the amount of P1500. X likewise defrauded C through the same means and for the same amount.

The series of acts committed by X constitutes one continued crime (delito continuado). There was only one deceit practiced by X on the 2 victims, i.e. that being in need of money, B was willing to mortgage 2 lots as security for a total loan of P3000. That there were 2 victims, however, did not accordingly convert the crime into 2 separate offenses, as the determinative factor is the unity or multiplicity of the criminal intent or of the transactions.

The singularity of the offense committed by petitioner is further demonstrated by the fact that the falsification of the 2 public documents as a means of committing estafa were performed on the same date, in the same place, at the same time and on the same occasion. (Mallari v. People, supra)

Notes:

• This is a continuing offense.
• This article does not apply to minor delinquents, detention prisoners, or deportees.
• If the offender escaped within the 15- day appeal period, the crime is not evasion because the judgment is not yet final.