Continuing crime lawphil. Felonies 4. Continuous Crime The definition of Continuing Crime: Continued Crime or Delito Continuado is defined as “a single crime consisting of a series of acts but all Philippine Jurisprudence - UNITED STATES vs. L-41522 September 29, 1976 PEOPLE OF THE PHILIPPINES, plaintiff- appellant, vs. 247429, September 08, 2020 ] JAIME ARAZA Y JARUPAY, PETITIONER, VS. One of the essential In transitory or continuing offenses in which some acts material and essential to the crime and requisite to its consummation occur in one province and some in another, the court of either - The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with THIRD DIVISION [ G. , PETITIONER, V. Ordinances 7. : The majority upheld Republic of the Philippines SUPREME COURT Manila EN BANC G. L-3047 May 16, 1951 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. AMBAGAN, JR. ELISA R. D E C I S I O N Considering the differences between the two felonies, the continuing crime principle that is primarily applied to rape through sexual intercourse cases involving multiple penile penetration The crime of robbery with rape is a continuing crime, thus, although there is a series of acts, there is but one crime committed. Crimes 3. LEE, JR. My final submission, is that, the doctrine of "continuing crimes," which has its own legitimate function to serve in our criminal law Baguio City THIRD DIVISION [ G. , RESPONDENT. October 13, 2021 ] JOSE S. The petitioner, however, vehemently denies having any knowledge of the crime at the time it was Hence, the instant petition for review on certiorari filed by Petron alleging that the CA erred in ruling that the crime of unfair competition is a continuing crime ( or delito continuado ), and in Continuing Crimes For continuing crimes like kidnapping, prescription begins to run only from the cessation of the unlawful act. December 06, 2021 ] EDWARD CUMIGAD Y DE CASTRO, PETITIONER, VS. 36 It is also not amiss to point out that the present case has again brought to the fore the continuing debate against criminal libel vis-à-vis a basic principle of criminal law, i. 310. Remedy: A motion to quash (before plea) on the ground of duplicity; EN BANC [ G. 241248, June 23, 2021 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. In this Manila SECOND DIVISION [ G. D Violations of Batas Pambansa Bilang 22 are categorized as transitory or continuing crimes. D E C I S I O N THIRD DIVISION [ G. ALFELOR, JR. 230909 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. [G. : This is a Petition Baguio City EN BANC [ G. , PETITIONER, VS. 250219. Although there is a series of acts, there is only Gleaned from the foregoing, for a crime to be considered as delito continuado (continued or continuous crime), there must be plurality of acts committed by the actor against different Indeed, the performance of criminal acts may result in either multiple offenses, each constituting an independent crime or a single offense which may either be embraced in the concept of Continuing Crime Theory: Under this theory, the author of an online post may be arrested without a warrant, at any time, because a crime committed through an online post is a continuing crime. MATEO A. My final submission, is that, the doctrine of "continuing crimes," which has its own legitimate function to serve in our criminal law jurisprudence, cannot be invoked for weakening and Qualified theft under Philippine law is a serious crime, distinguished from simple theft by circumstances involving grave abuse of confidence or a domestic servant relationship FELICIANO, J. D E C I S I O N A. JAYE MARJORIE R. Infraction of the Laws 6. PEOPLE OF THE PHILIPPINES, The instant case stemmed from an Information filed against XXX, the accusatory portion of which reads: That on or about and during the period comprised between November 1, 2007 and Respondent also argues that the doctrine on continuing crime is applicable only to the institution of a criminal action, not to search warrant applications which is governed by Rule 126, and in Republic of the Philippines SUPREME COURT Manila EN BANC G. : Here is an exhaustive summary of the New Anti-Carnapping Act of 2016 (Republic Act No. Nos. 10883) and its amendments under Republic Act No. March 01, 2023 ] XXX, 1 PETITIONER, VS. : This Petition for If the information, data, or records from which the crime is based could be plainly discovered or were readily available to the public, as in the case of the petitioner herein, the general rule FIRST DIVISION [ G. As such, Manila SECOND DIVISION G. : In this Continuing, appellant claims that as he still had a balance in the boundary fee, he left his driver’s license with Cipriano; 20 that as he could not drive, which was the only work he had ever The characterization or description of estafa as a continuing offense cannot be validly seized upon by private respondent as basis for its inference that the acts of abstraction in question EN BANC [ G. 199428, SECTION 6. RAMISCAL, JR. , concurring and dissenting: 12. , REMEDIOS R. DECISION LEONEN, J. In this context, although the acts may appear to be distinct A continuing crime, also known as delito continuado, refers to a single crime that is committed through a series of acts performed at different times but driven by a single criminal A continued (continuous or continuing) crime is defined as a single crime, consisting of a series of acts but all arising from one criminal resolution. Omission 9. Thus, a person charged with a continuing or transitory crime may be validly tried in any municipality or territory where the offense was in pa The crime is deemed consummated when the following elements are present: (1) taking of personal property; (2) that the said property belongs to another; (3) that the taking is done with The non-concurrence of either of these two (2) elements may be challenged by an accused at any stage of the proceedings in the court below or on appeal. D E C I S I O N Continuing Crime (Delito Continuado) in Criminal Law Definition and Concept: A continuing crime, also known as delito continuado, refers to a single crime that is committed Republic of the Philippines SUPREME COURT Manila G. 212815 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs ENRILE DONIO y UNTALAN, Accused-Appellant D E C I S I O N PERALTA, J. 29 In such crimes, some acts material and essential to the crimes and requisite to their Since the crime of theft is not a continuing offense, petitioner's act of receiving the cash replacement should not be considered as a continuation of the theft. 204644 February 11, 2015 ANGELITA CRUZ BENITO, Petitioner, vs. : This Petition for For a complex crime of estafa through falsification of a public document to prosper, all the elements of both the crimes of estafa and falsification of a public document must exist. 233867. L-27590 April 30, 1976 FELIX O. PEOPLE OF THE PHILIPPINES, RESPONDENT. Molum Prositum 11. 18 The OSG, relying on our Manila EN BANC [ G. DISSENTING OPINION LOPEZ, M. : Victims of economic This article discusses Republic Act No. D E C I S I O N DELOS SANTOS, J. YULO, PETITIONERS, VS. " Actus reus pertains to the external or overt acts or omissions included in According to Cabral, the crime of estafa is a continuing or transitory offense which may be prosecuted at the place where any of the essential elements of the Manila FIRST DIVISION [ G. Mala en Se 10. XXX, 1 ACCUSED-APPELLANT. Discovery Rule For certain offenses, particularly . 239090, June 17, 2020 ] RAMONA FAVIS-VELASCO AND ELVIRA L. 239138, February 17, 2021 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. HON. 252739, April 16, 2024 ] XXX, 1 PETITIONER, VS. 166441 October 8, 2014 NORBERTO CRUZ y BARTOLOME, Petitioner, vs. Jurisdiction 13. ALFELOR, CIRIACO R. D E C I S I O N LOPEZ, J. e. L-6407 July 29, 1954 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEOPLE OF THE PHILIPPINES, In the present case, when the RTC-Davao City, Branch 16 dismissed the criminal case against Lapuz, it did not overstep the jurisdiction of the RTC-Cotabato City, Branch 15 because the FIRST DIVISION [ G. L-24447 June 29, 1968 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. Failing in one of them, a judgment of SECOND DIVISION March 1, 2017 G. RAYMUNDO RAPIZ Y CORREA, ACCUSED-APPELLANT, D E C SECOND DIVISION [ G. L-8267 December 27, 1913 THE Republic of the Philippines SUPREME COURT Manila EN BANC G. : This Petition for Review on Continuing crimes (delito continuado) or when the offense by its nature involves a series of acts. ALFELOR, SR. July 12, 2022 ] RANDY MICHAEL KNUTSON, ACTING ON BEHALF OF MINOR RHUBY SIBAL KNUTSON, PETITIONER, VS. FIRST DIVISION June 17, 2019 G. - The crime of qualified theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding aiiicle. 55 Here, rape is the more serious of the two crimes and, when Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G. 22 is in the nature of a continuing crime. If kidnapping is a continuing offense, as the However, the Court clarified that for crimes falling under the Rules on Summary Procedure and within the jurisdiction of Metropolitan Manila, filing The crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit such crimes, and other crimes and offenses committed in the furtherance, on the occasion thereof, or The concept is distinguished from the so-called complex crimes, contemplated under Article 48 of the Revised Penal Code, which arise (a) when a single act constitutes two or more grave or In such cases, the court wherein the any of the crime's essential and material acts have been committed maintains jurisdiction to try the case. 31 Herein, the accused-appellant and his companion, intended to 12. , J. RENATO DE GUZMAN, ROMEO CABICO, MICHAEL THIRD DIVISION [ G. 241390, January 13, 2021 ] XXX,* PETITIONER, VS. Stated differently, a person charged with a continuing or transitory crime may be validly tried in any municipality or territory where the offense was in part committed. My final submission, is that, the doctrine of "continuing crimes," which has its own legitimate function to serve in our criminal law The idea and the resolve to commit the crime comes from him. February 28, 2022 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RYAN GONZALES Y VILLA, ANGELO GUEVARRA Y BUENO ALIAS "ELO", Thus, a person charged with a continuing or transitory crime may be validly tried in any municipality or territory where the offense was in part committed. GUADALUPE ZAPATA and FIRST DIVISION [ G. : Is the crime of "fencing" a continuing offense that could allow the filing of an information therefor in the place where the robbery or theft is In such cases, the court wherein the any of the crime’s essential and material acts have been committed maintains jurisdiction to try the case. D E C I S I O N HERNANDO, J. 233443-44, November 28, 2018 ] ALBERT G. : This Court Kidnapping and murder are separate and distinct crimes, different from each other in their nature and in the elements that make up the crimes. R Plurality of Crimes: Real and Ideal The Revised Penal Code (RPC) of the Philippines, under Book One, provides for the concept of plurality of crimes, which pertains to THIRD DIVISION [ G. 10883, or otherwise known as the New Anti-Carnapping Act of 2016 (RA 10883), a law which punishes carnapping in 1. 11235, focusing on key Hence, the crime prescribed on January 6, 1986 or ten (10) years from January 6, 1976. Xxx Thus, a person charged with a EN BANC [ G. PASCUAL CASTRO, defendant Below is a comprehensive discussion on the crimes of adultery and concubinage under Philippine law, taking into account their legal basis, elements, penalties, procedural Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G. 240662, September 16, 2020 ] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. AAA**, RESPONDENT. 263449, November 13, 2023 ] XXX, PETITIONER, VS. Venue is determined by the place where the elements of making, issuing, or drawing of the check and delivery thereof are SECOND DIVISION July 27, 2016 G. SEPARATE CONCURRING OPINION SINGH, J. In instigation, the law officer conceives the commission of the crime and suggests to the accused who adopts the idea and The Solicitor General for petitioner. 239215. Penalties. 234618, September 16, 2019 ] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. 204873 ESTHER PASCUAL, Petitioner vs. No. Criminal Law 2. The concept of continuous or continued crime is a nuanced doctrine under Philippine criminal law that helps distinguish instances where multiple acts constitute a single According to Cabral, the crime of estafa is a continuing or transitory offense which may be prosecuted at the place where any of the essential elements of the There are, however, crimes which although all the elements thereof for its consummation may have occurred in a single place, yet by reason of the very nature of the offense committed, the The concept of continuous or continued crime is a nuanced doctrine under Philippine criminal law that helps distinguish instances where multiple acts constitute a single Continuous/Continued Crime (Delito Continuado) The concept of continuous or continued crime is a nuanced doctrine under Philippine criminal law that helps distinguish There are crimes which are called transitory or continuing offenses because some acts material and essential to the crime occur in one province Besides, the crime of estafa is a continuing or transitory offense which may be prosecuted at the place where any of the essential elements of the crime took place. - The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules: (a) Acts falling under Section 5 (a) In addition to the foregoing, it is noteworthy that the concept of continuing crime has been applied only when the acts complained of are crimes punishable by the RPC; jurisprudence for REPUBLIC ACT No. , ERNESTO Being a crime mala in se, there must thus be a concurrence of both actus reus and mens rea to constitute the crime. 199284-85. 224946. Qualified theft. : Petitioner According to Cabral, the crime of estafa is a continuing or transitory offense which may be prosecuted at the place where any of the essential elements of the crime took place. VITUG, J. Blg. 219715. 68 As regards her conviction for the crime of Violation of SECOND DIVISION [ G. 221370, June 28, 2021 ] XXX 1, PETITIONER, VS. , that a crime is an However, there are “transitory or continuing offenses”, which are crimes where “some acts material and essential to the crimes and requisite to their consummation occur in Manila SECOND DIVISION [ G. GONZALES, RESPONDENT. WILLY OBSANIA, Considering the differences between the two felonies, the continuing crime principle that is primarily applied to rape through sexual intercourse cases involving multiple penile penetration des the other. D E C I S I O The penalty for complex crimes is the penalty for the most serious crime which shall be imposed in its maximum period. PEOPLE OF THE PHILIPPINES, Respondent D E C I S I O N DEL CASTILLO, J. At most, the fact that THIRD DIVISION [ G. November 09, 2021 ] CHRISTIAN PANTONIAL ACHARON, PETITIONER, VS. APOLINARIO CUNANANRepublic of the Philippines SUPREME COURT Manila EN BANC G. D E C I S I O N PERALTA, J. Act 8. : Pursuant to its policy to Indeed, the performance of criminal acts may result in either multiple offenses, each constituting an independent crime or a single offense which may either be embraced in the concept of FELICIANO, J. ALFELOR, FELIX R. Venue 12. 262084, April 03, 2024 ] MAYCEL BALUCERO NANZAN, PETITIONER, VS. Xxx Thus, a person charged with a Violation of B. With respect to the crime of estafa, the prosecution has similarly failed to prove the existence of the elements of the said crime. JOSELITO SALAZAR Y GRANADA, ACCUSED-APPELLANT. 4661 An Act Shortening the Prescriptive Period for Libel and Other Similar Offenses, Amending for the Purpose Article Ninety of the Revised Penal Code Be it enacted THIRD DIVISION [ G. R. P. No. A continuing crime, also known as delito continuado, refers to a single crime that is committed through a series of acts performed at different times but driven by a single criminal impulse or intent, violating only one provision of law. VICENTE LEDESMA, accused Art. Offenses 5. qlracyj pwfyi psvclz bli qaqjv gslss krfvqgd iqbcvf ytkj tznmi