This case has been cited 1 times or more.
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2015-08-19 |
CARPIO, J. |
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| Under Article 48[16] of the RPC, when a single act constitutes two or more crimes, a complex crime is committed for which only one penalty is imposed. Complex crimes under Article 48 refer to either (1) an act which constitutes two or more grave or less grave offenses; or (2) an offense which is a necessary means for committing another.[17] The phrase "necessary means" in Article 48 does not mean indispensable; otherwise, the offense as a "necessary means" to commit another would be an indispensable element of the latter and would be an ingredient thereof.[18] For instance, the crime of simple estafa is ordinarily committed in the manner defined under the RPC; but if the accused resorts to falsification merely to facilitate and insure the commission of estafa, then he is guilty of the complex crime of estafa through falsification.[19] | |||||