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 situations where an offender commits multiple crimes, whether through separate acts or by a single act that produces multiple offenses. The distinction between real plurality (or material plurality) and ideal plurality (or formal plurality) is essential in determining criminal liability and the applicable penalties.
I. REAL PLURALITY (Material Plurality of Crimes)
Definition: Real plurality exists when a person performs two or more separate and distinct acts, each constituting an independent crime. Each offense is prosecuted and penalized separately.
Characteristics:
- Distinct Acts: Each act is independent and complete in itself.
- Separate Crimes: Each act violates a specific provision of the law.
- Individual Penalty: Each crime is penalized separately under the RPC or special laws.
- No Overlap: The elements of one crime do not overlap with the elements of the other crimes.
Examples:
- A person shoots and kills two individuals in separate incidents. Each act constitutes a distinct crime of murder.
- A thief robs two different homes on different occasions. Each robbery is a separate offense.
Legal Treatment:
- The principle of no double jeopardy applies, meaning an offender cannot be punished twice for the same act, but they can be punished for each distinct act that constitutes a crime.
- Cumulative penalties are imposed (subject to the limits of Article 70 of the RPC regarding the service of penalties).
II. IDEAL PLURALITY (Formal Plurality of Crimes)
Definition: Ideal plurality exists when a single act constitutes two or more crimes. This situation often arises when one act violates multiple provisions of law or when one act produces multiple effects.
Characteristics:
- Single Act: Only one act is performed by the offender.
- Multiple Crimes: The act produces two or more crimes as defined by law.
- Single Penalty: Only the gravest offense is penalized, following the principle of complex crimes under Article 48 of the RPC.
Complex Crimes (Article 48):
Under Article 48, complex crimes occur in two scenarios:
- When one offense is a necessary means to commit another.
- Example: A person commits falsification of a public document to enable estafa (fraud).
- When a single act results in two or more grave or less grave felonies.
- Example: A single act of arson results in the death of a person and the destruction of property.
Legal Treatment:
- The penalty for complex crimes is based on the penalty for the most serious crime, and this is applied in its maximum period.
- The intent of the law is to avoid imposing separate penalties for crimes that arise from a single act, simplifying criminal liability.
III. COMPARISON: REAL vs. IDEAL PLURALITY
| Aspect | Real Plurality | Ideal Plurality |
|---|---|---|
| Nature of Acts | Multiple distinct acts | A single act |
| Number of Crimes | Separate and independent crimes | Crimes arising from one act |
| Penalty Imposition | Separate penalties for each crime | Single penalty for the gravest offense |
| Examples | Killing two people on separate occasions | Burning a house that results in homicide |
IV. RULES ON IMPOSITION OF PENALTIES IN PLURALITY OF CRIMES
1. Penalty in Real Plurality:
- Each crime is punished distinctly, with penalties served successively or simultaneously, depending on the total duration of penalties and the limits set by law.
- Article 70: When penalties exceed threefold the most severe penalty, the service is limited to 40 years (reclusion perpetua is the maximum).
2. Penalty in Ideal Plurality (Complex Crimes):
- The penalty is based on the most serious offense, applied in its maximum period.
- In cases where the crimes have equal severity, the penalty for any of the crimes may be applied, subject to judicial discretion.
V. SPECIAL CASES AND EXCEPTIONS
Continuing Crimes (Delito Continuado):
- A continuing crime occurs when the offender performs a series of acts that constitute the same crime, motivated by a single criminal intent.
- Example: Embezzlement through multiple withdrawals from a single fund.
Absorption of Offenses:
- Lesser crimes may be absorbed by a more serious crime when committed as part of the same act or criminal intent.
- Example: Physical injuries are absorbed in homicide if death results.
Special Laws:
- Special laws may have specific provisions on plurality and penalties, sometimes deviating from the RPC principles. Always refer to the governing statute.
VI. JURISPRUDENCE ON PLURALITY OF CRIMES
The Supreme Court has laid down guiding principles on the interpretation and application of real and ideal plurality:
- People v. Guillen (1948): A single explosion causing multiple deaths constituted a complex crime.
- People v. Hernandez (1956): Rebellion absorbs common crimes committed in furtherance of rebellion.
- People v. Tumlos (1967): Separate and independent crimes require separate prosecutions and penalties.
VII. KEY TAKEAWAYS
- Real plurality involves separate crimes and separate penalties.
- Ideal plurality involves a single act leading to multiple crimes, penalized as a complex crime.
- The proper classification and application of penalties depend on judicial determination of the nature of the acts and offenses.
Understanding the distinction between real and ideal plurality ensures proper appreciation of criminal liability and aids in the imposition of fair and just penalties.