Philippine Bar review · Question

Practice question: Continuous/Continued Crime (Delito Continuado) vs. Continuing/Transitory Crime

Multiple Choice Medium

Practice question

On one occasion an offender takes several items from a common storage area, knowing they belong to different owners. The evidence is offered to establish a single indivisible taking plan. Is the number of owners alone conclusive proof of several separate crimes?
  1. Yes, each owner necessarily defeats every continued-crime theory.
  2. Yes, regardless of the acts or resolution.
  3. Yes, because property crimes can never be continued.
  4. No; the applicable unity requirements and actual facts must be examined, rather than treating owner count alone as decisive.
  5. No, because every theft anywhere in the offender’s life is one crime.

Legal references

  • People v Ramoy, G.R. No. 212738, March 9, 2022, main decision, distinctions among plurality and continuing offenses: https://lawphil.net/judjuris/juri2022/mar2022/gr_212738_2022.html
  • Petron Corporation v Yao, G.R. No. 243328, March 18, 2021, main decision, continuing/transitory offense distinguished from delito continuado: https://lawphil.net/judjuris/juri2021/mar2021/gr_243328_2021.html
  • Navaja v De Castro, G.R. No. 180969, September 11, 2017, main decision, indivisible criminal resolution and partial execution: https://lawphil.net/judjuris/juri2017/sep2017/gr_180969_2017.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
  • Revised Rules of Criminal Procedure, Rule 110 Section 15, place of institution and trial: https://lawphil.net/courts/rules/rc_110-127_crim.html

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