d. Complex Crime Proper

Complex crime of Direct Assault with Murder or Homicide

When the assault results in the killing of an agent or of a person in authority, there arises the complex crime of Direct Assault with Murder or Homicide. (People v Ex-Mayor Carlos Estonilo Sr., et al., GR No 201565)

PENALTY FOR COMPLEX CRIMES

Art. 48. Penalty for complex crimes. — 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.

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This article requires the commission of at least two crimes. But the two or more grave or less grave felonies must be the result of a single act, or an offense must be a necessary means for committing the other. They constitute only one crime in the eyes of the law because the offender has only one criminal intent, hence, there is only one penalty imposed.

The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. If different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum period.

When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed. (Reyes, Book I).

Notes:

• There is no complex crime of estafa through falsification of private document.
• If the falsification of a private document is committed as a means to commit estafa, the proper crime to be charged is falsification.
• If the estafa can be committed without necessity of falsifying a document, the proper crime to be charged is estafa. (Batulanon v People, GR No 139857)
• Escobar was convicted of malversation, while Maglinte, Zoleta, and Alzate were convicted of estafa through falsification of public documents. (Escobar v. People, G.R. No. 205576)