Practice question
A prosecutor labels two independent offenses a complex crime, but the stipulated acts are separate and neither offense was a necessary means for the other. No other single-punishment law applies, and a timely objection is made. Which is sound?
- The prosecutor’s label conclusively creates an Article 48 relationship.
- The label does not establish Rule 110’s exception; the actual legal predicates control.
- Any shared defendant requires one statutory punishment.
- The timely objection automatically proves both offenses.
- The court must disregard Article 48’s conditions.
Legal references
- Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Revised Penal Code, Article 48, as amended by Act 4000 (grave or less grave felonies), official consolidated text: https://pcw.gov.ph/act-no-3815-the-revised-penal-code/
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