Delito continuado
In Gamboa v. Court of Appeals,[1] the Supreme Court defined delito continuado, or continuous crime as a single crime consisting of a series of acts arising from a single criminal resolution or intent not susceptible of division.For Cuello Calon, when the actor, there being unity of purpose and of right violated, commits diverse acts, each of which although of a delictual character, merely constitutes a partial execution of a single particular delict, such concurrence or delictual acts is called a "delito continuado". In order that it may exist, there should be "plurality of acts performed separately during a period of time: unity of penal provision infringed upon or violated and unity of criminal intent and purpose, which means that two or more violations of the same penal provision are united in one and the same intent leading to the perpetration of the same criminal purpose or aim."[2]
The concept is distinguished from the so-called complex crimes, contemplated under Article 48 of the Revised Penal Code, which arise (a) when a single act constitutes two or more grave or less grave felonies (described as "delito compuesto" or compound crime); and (b) when an offense is a necessary means for committing another offense (described as "delito complejo" or complex proper).[3] ALSO READ: Exercise of criminal jurisdiction - Project Jurisprudence.
[1] 160-A Phil. 962 (1975).
[2] Id. at 969.
[3] Id. at 970.
