Practice question
A single intentional act is established to produce one grave felony and a separate light felony. A prosecutor seeks an Article 48 compound charge combining both solely because the act is single. Which is correct?
- A single act eliminates every classification restriction.
- Every light felony automatically becomes grave.
- The prosecutor may change the statutory classification.
- The light felony is automatically lawful.
- The light felony cannot be brought within the compound branch merely by the single-act circumstance.
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
- People v Nelmida, G.R. No. 184500, September 11, 2012, en banc main decision, Article 48 and limited Lawas exception: https://lawphil.net/judjuris/juri2012/sep2012/gr_184500_2012.html
- Ivler v Modesto-San Pedro, G.R. No. 172716, November 17, 2010, main decision, Article 365 indivisible quasi-offense distinguished from Article 48: https://lawphil.net/judjuris/juri2010/nov2010/gr_172716_2010.html
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