Legal basis and amended provision
- Act No. 4000 amends Article 48 of Act No. 3815, titled “An Act Revising the Penal Code and Other Penal Laws.”
- The amended rule is contained in “Art. 48. Penalty for complex crimes.”
- Section 1 states that Article 48 is amended to be read as follows.
Policy and scope of application
- Article 48 governs situations where a single act gives rise to multiple felonies.
- Article 48 also applies when one offense is a necessary means for committing another offense.
- Article 48 applies when the felonies involved are grave or less grave felonies.
Rule for complex crimes penalty
- Article 48 provides that when a single act constitutes two or more grave or less grave felonies, the penalty is determined using the rule for the most serious crime.
- Article 48 provides that when an offense is a necessary means for committing the other, the penalty is similarly determined using the rule for the most serious crime.
- Article 48 requires the penalty for the most serious crime to be imposed.
- Article 48 requires that the imposed penalty be applied in its maximum period.
Commencement and operative effect
- Section 2 makes the entire amendment operative immediately upon approval.
- Section 1 is the operative amendment that updates Article 48’s penalty rule for complex crimes.