Criminal Law; Special Complex Crime
A special complex crime, or more properly, a composite crime,
has its own definition and special penaltyin the Revised Penal
Code, as amended.
Composite crimes are neither of the same legal basis as nor
subject to the rules on complex crimes inArticle 48 of the Revised
Penal Code, since they do not consist of a single act giving rise
to two or moregrave or less grave felonies (compound crimes) nor do
they involve an offense being a necessary meansto commit another
(complex crime proper). However, just like the regular complex
crimes, only a singlepenalty is imposed for each of such composite
crimes although composed of two or more offenses. [People v.
Malinao, G.R. No. 128148, February 16, 2004]
Where the law provides a single penalty for two or more
component offenses, the resulting crime iscalled a special complex
crime. Some of the special complex crimes under the Revised Penal
Code are(1) robbery with homicide, (2) robbery with rape, (3)
kidnapping with serious physical injuries, (4)kidnapping with
murder or homicide, and (5) rape with homicide. In a special
complex crime, theprosecution must necessarily prove each of the
component offenses with the same precision that wouldbe necessary
if they were made the subject of separate complaints. [People v.
Laog, G.R. No. 178321,October 5, 2011]
