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    Continuing Crime

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    A continuing crime is defined as a single crime consisting of a series of acts arising from one criminal resolution, for which only one penalty shall be imposed. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. The requisites of a continuing crime are a plurality of acts performed separately over time, a unity of penal provision violated, and a unity of criminal intent leading to the perpetration of the same criminal purpose. For continuing crimes consummated in one place but violating the law in a continuing manner, such as estafa and libel, courts in territories where essential elements took place have concurrent jurisdiction, but the first court acquiring jurisdiction excludes the others

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    Continuing Crime

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    leozcruz
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    A continuing crime is defined as a single crime consisting of a series of acts arising from one criminal resolution, for which only one penalty shall be imposed. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. The requisites of a continuing crime are a plurality of acts performed separately over time, a unity of penal provision violated, and a unity of criminal intent leading to the perpetration of the same criminal purpose. For continuing crimes consummated in one place but violating the law in a continuing manner, such as estafa and libel, courts in territories where essential elements took place have concurrent jurisdiction, but the first court acquiring jurisdiction excludes the others

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    Continuing Crime

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    A continuing crime is defined as a single crime consisting of a series of acts arising from one criminal resolution, for which only one penalty shall be imposed. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. The requisites of a continuing crime are a plurality of acts performed separately over time, a unity of penal provision violated, and a unity of criminal intent leading to the perpetration of the same criminal purpose. For continuing crimes consummated in one place but violating the law in a continuing manner, such as estafa and libel, courts in territories where essential elements took place have concurrent jurisdiction, but the first court acquiring jurisdiction excludes the others

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    15K views1 page

    Continuing Crime

    Uploaded by

    leozcruz
    A continuing crime is defined as a single crime consisting of a series of acts arising from one criminal resolution, for which only one penalty shall be imposed. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. The requisites of a continuing crime are a plurality of acts performed separately over time, a unity of penal provision violated, and a unity of criminal intent leading to the perpetration of the same criminal purpose. For continuing crimes consummated in one place but violating the law in a continuing manner, such as estafa and libel, courts in territories where essential elements took place have concurrent jurisdiction, but the first court acquiring jurisdiction excludes the others

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    © All Rights Reserved
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    Continuing Crime (People of the Philippines vs Homo, June 6, 2009)

    A continued (continuous or continuing) crime is defined as a single crime, consisting of a series


    of acts but all arising from one criminal resolution. Although there is a series of acts, there is
    only one crime committed; hence, only one penalty shall be imposed.
    A continuing offense is a continuous, unlawful act or series of acts set on foot by a single
    impulse and operated by an unintermittent force, however long a time it may occupy.
    Akin to the extant case is that of People v. De la Cruz, wherein the robbery that took place in
    several houses belonging to different persons, when not absolutely unconnected, was held not
    to be taken as separate and distinct offenses. They formed instead, component parts of the
    general plan to despoil all those within the vicinity. In this case, the Solicitor General argued
    that the [appellant] had committed eight different robberies, because the evidence shows
    distinct and different acts of spoilation in different houses, with several victimized persons. The
    Highest Tribunal, however, ruled that the perpetrated acts were not entirely distinct and
    unconnected from one another. Thus, the single offense or crime.

    Requisites of Continuing Crime (People of the Philippines vs Ledesma, September 29, 1976)
    1. Plurality of acts performed separately during a period of time;
    2. Unity of penal provision infringed upon or violated;
    3. Unity of criminal intent which means that two or more violations of the same penal provision
    are united on one and the same intent leading to the perpetration of the same criminal purpose
    or claim

    Jurisdiction over Continuing Crimes (San Beda Law Memory Aid 2013 / UST Golden Notes
    2011)
    Continuing offenses are consummated in one place, yet by the nature of the offense, the
    violation of the law is deemed continuing (e.g. estafa and libel). As such, the courts of the
    territories where the essential ingredients of the crime took place have concurrent jurisdiction.
    But the court which first acquires jurisdiction excludes the other courts.

    Jurisdiction over Continuing Crimes (Dina Tuzon vs Hon. Cesar Cruz, August 28, 1975)
    In transitory or continuing offenses in which some acts material and essential to the crime and
    requisite to its consummation occur in one province and some in another, the court of either
    province has jurisdiction to try the case, it being understood that the first court taking
    cognizance of the case will exclude the others (4 Moran's Comments on the Rules of Court,
    1970 Ed., pp. 61-62).

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