The Bloch–Redfield master equation

 The single act should produce a grave felony or a less grave felony or a combination of both

 Light felonies produced by the same single act should be treated and punished as separate offenses or may be absorbed by the grave felony

 Supposing, you shot your neighbor then the bullet hit two children; the result was your neighbor died, two children slightly injured, the result was 1 grave and 2 light felonies, is the crime complex or separate? Separate, because the single act should produce a grave or less grave felony only

 Supposing, a single criminal act produced 1 grave felony and 10 light felonies, is the crime complex or separate? Separate

 Supposing, a single criminal act produced 1 less grave felony and several light felonies, is the crime complex or separate? Separate

 Supposing, a single criminal act produced a crime punishable by the RPC and a crime punishable by special law, is the crime complex or separate? Separate, considered as separate violations

 Supposing, Prof. Amurao throws a grenade in class, 5 students died, is the crime complex or separate?

Complex

 Supposing, using the same facts above, in addition 3 light felonies were produced, is the crime complex or separate? Separate

 Supposing, Prof. Amurao switched the machine gun to automatic and shot at the students with one single act of pressing the trigger, producing several injuries, is the crime complex or separate?

Separate, because the what is considered is the no. of bullets discharged (People v. Desierto)

 Supposing, Prof. Amurao switched the machine gun to not automatic and fired one bullet aimed at someone but hit 3 others producing serious physical injuries, is the crime complex or separate?

Complex

 Supposing, the act of firing a machine gun produces the crimes of attempted murder and physical injuries, is the crime complex or separate? Separate, as held by the Court of Appeals

 Supposing, two shots were fired directed against two different persons, is the crime complex or separate? Separate

 Supposing, in a notorious village, a commander ordered all his soldiers to shoot at the residents, is the crime complex or separate? Complex, the SC held in People v. Lawas that it was a complex crime because there was a single offense since there was a single criminal impulse/intent/purpose

 Supposing, a person stole the fighting cocks of his neighbor alternately with three separate,

independent acts, is the crime complex or separate? Complex, as held by the SC in People v. De Leon, the criminal act was done on the same occasion and the offender was motivated by one criminal impulse

 Supposing, a libelous article was published defaming 5 congressmen specifically identified by their names, is the crime complex or separate? Separate, because there are as many crimes of libel as there are persons libeled, provided that the persons are expressly specified; because each of the 5 congressmen may file for libel

 Supposing, using the same facts above except that the congressmen were not identified, is the crime complex or separate? Complex

 Supposing, in a local publication, news writers wrote that the Herrera doctors are inefficient, is the crime complex or separate? Complex, because the identification was in general terms, not specifically identified

Complex Crime Proper

- Requisites:

1. that at least two offenses are committed

2. that one or some of the offenses must be necessary to commit the other 3. that both or all the offenses must be punished under the same statute

 Necessary means not equivalent to indispensable means

 Supposing, the accused kidnapped a girl with intent to kill, brought the victim somewhere then killed her, is the crime complex? NO, the crime is only murder, because the kidnapping was only a means to commit the crime of murder

 Supposing, law students made a falsified solicitation letter and collected money, is the crime complex? YES, the falsification of the private document was necessary for the crime of estafa

 Supposing, a public official committed malversation through falsification of public documents, is the crime complex? YES, because the falsification was necessary to commit malversation

 Supposing, the accused killed his victim in a building, then committed arson to conceal the murder, is the crime complex? NO

 In the crimes of estafa and falsification, you look at the crime first committed if it was necessary for the commission of the other; the common element in estafa and falsification is the intent to cause damage

 Supposing, a city treasurer malversed P5million pesos out of taxes then falsified documents to conceal the malversation, is the crime complex? NO, the crimes are separate

 Supposing, in the crime of rebellion, an NPA commander burned villages and killed the villagers in furtherance of his acts of rebellion, is the crime complex? NO, because the acts he committed were absorbed in the crime of rebellion

 Supposing, in the crime of rebellion, the NPA commander killed someone for personal reasons, is the crime complex? NO, the crimes are separate

 In the crimes of treason or rebellion, when common crimes are committed, (1) in furtherance of or is related to treason or rebellion, the crimes are absorbed, but (2) for personal reasons or for a private purpose, the crimes are separate

 There is no complex crime of rebellion with common crimes

 Special Complex Crimes

- Rape with Homicide - Robbery with Serious Physical Injuries - Robbery with Homicide - Kidnapping with Murder or Homicide

 Express provisions in the Revised Penal Code that cannot be complex - Article 129: search warrant obtained maliciously

- Article 235: maltreatment of prisoners - Direct Bribery = cannot be complexed

 Article 48 is intended to favor the culprit or accused

 The penalty for complex crimes is the penalty for the most serious crime, the same to be applied in its maximum period

 Two felonies in a complex crime punishable by imprisonment and fine = only the imprisonment is imposed

Article 49

 ARTICLE 49–PENALTY FOR PRINCIPALS OF CRIME COMMITTED WAS DIFFERENT FROM WHAT WAS INTENDED

 applicable only to mistake in identity Steps