Philippine Bar review · Question

Practice question: Complex Crime Proper

Multiple Choice Medium

Practice question

An officer completes a malversation and later falsifies a record solely to conceal the completed taking. The falsification neither enables nor carries out the misappropriation. Does that concealment alone make the two complex crime proper?
  1. Yes, because every later record concerns the same money.
  2. Yes, because all concealment is a necessary means to the past taking.
  3. Yes, because one offender can commit only one offense.
  4. Yes, because public documents always erase separate liability.
  5. No; concealment of the already completed offense is not the stated necessary means of committing it.

Legal references

  • Revised Penal Code, Article 48 as amended, text and current two-branch rule reproduced in People v Reyes, G.R. No. 260030, May 19, 2025: https://lawphil.net/judjuris/juri2025/may2025/gr_260030_2025.html
  • Intestate Estate of Manolita Gonzales Vda. de Carungcong v People, G.R. No. 181409, February 11, 2010, main decision, necessary means and falsification-estafa: https://lawphil.net/judjuris/juri2010/feb2010/gr_181409_2010.html
  • People v Sendaydiego, G.R. Nos. L-33253 and L-33254, January 20, 1978, main decision, falsification to conceal malversation distinguished from necessary means: https://lawphil.net/judjuris/juri1978/jan1978/gr_33254_1978.html

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