Republic of the Philippines There is a complex crime when a single act constitutes two or more grave or

SUPREME COURT less grave felonies or when a grave or less grave offense is a means of
Manila committing another grave or less grave offense.

SECOND DIVISION As originally enacted, article 48 of the Revised Penal Code provided that the
crime is complex when a single act constitutes two or more crimes, or when an
offense is a necessary means of committing the other. Commonwealth Act No.
G.R. No. L-37396 April 30, 1979
4000 amended article 48 by substituting the words "grave or less grave felonies"
for the word "crimes" in the original version, thus eliminating a light felony as a
MARCELINO LONTOK, JR., petitioner, component part of a complex crime.
vs.
HON. ALFREDO GORGONIO, as Presiding Judge of the Municipal Court of
Parenthetically, it may be noted in passing that the concept of complex crime
San Juan, Rizal, respondent.
was applied in criminal negligence or quasi offenses (People vs. Lara, 75 Phil.
786 and People vs. Agito, 103 Phil. 526, regarding multiple homicide through
Marcelino Lontok, Jr., in his own behalf. reckless imprudence; People vs. Rodis, 105 Phil. 1294, regarding malversation
through falsification by reckless negligence; Samson vs. Court of Appeals, 103
Office of the Solicitor General for respondent. Phil. 277, regarding estafa through falsification by reckless negligence; Angeles
vs. Jose, 96 Phil. 151; Lapuz vs. Court of Appeals, 94 Phil, 710 and People vs.
Vendiola, 115 Phil. 122, regarding homicide, grave physical injuries and grave
damage to property, all through reckless imprudence.).

AQUINO, J.: In all the foregoing cases, it is assumed that reckless imprudence is not a crime
in itself but is simply a way of committing a crime and it merely determines a
This case is about the propriety of an information containing the charge of lower degree of criminal liability. Negligence becomes a punishable act when it
"reckless imprudence resulting in damage to property and multiple physical results in a crime (People vs. Faller 67 Phil. 529).
injuries".
Applying article 48, it follows that if one offense is light. there is no complex
On March 29, 1973, Marcelino Lontok, Jr. was charged with that delito crime. The resulting offenses may be treated as a separate or the light felony
compuesto in the municipal court of San Juan, Rizal. In the information, it was may be absorbed by the grave felony. Thus, the light felonies of damage to
alleged that on November 14, 1972, while Lontok was recklessly driving his property and slight physical injuries, both resulting from a single act of
Mercedes Benz car, he bumped a passenger jeep and caused damaged to it in the imprudence, do not constitute a complex crime. They cannot be charged in one
sum of P780 and that the bumping also caused physical injuries to three passengers information. They are separate offenses subject to distinct penalties (People vs.
who were incapacitated from performing their customary labor for a period of less Turla, 50 Phil. 1001; See People vs. Estipona, 70 Phil. 513).
than ten days (Criminal Case No. 26116).
Where the single act of imprudence resulted in double less serious physical
Lontok filed a motion to quash that part of the information wherein the offense injuries, damage to property amounting to P10,000 and slight physical injuries,
of lesiones leves through reckless imprudence is charged. He contended that, a chief of police did not err in filing a separate complaint for the slight physical
because that offense prescribes in two months and it was committed on November injuries and another complaint for the lesiones menos graves and damage to
14, 1972, the last day of the sixty-day period for filing the charge as to that offense property (Arcaya vs. Teleron, L-37446, May 31, 1974, 5 7 SCRA 363, 365).
was January 14, 1973. He prayed that the information be amended by excluding
that light offense. A chief of police likewise did not err in filing separate complaints for slight
physical injuries and grave oral defamation committed on the same occasion by
The fiscal opposed the motion to quash. The municipal court denied it. Lontok one person against the same victim (Manduriao vs. Habana, L- 28069, August
pleaded not guilty upon arraignment. But instead of going to trial, he filed in this 18, 1977,78 SCRA 241).
Court on August 30, 1973 a petition wherein he prayed that the amendment of the
information be ordered by deleting the portion thereof wherein the offense of slight Where a complaint for slight physical injuries and grave threats was filed in the
physical injuries through reckless imprudence discharged. justice of the peace court under the old Judiciary Law, the said court had
jurisdiction to try the slight physical injuries case and could only undertake the
The Solicitor General in his comment agrees with Lontok's view that damage to preliminary investigation of the latter offense (People vs. Linatoc, 74 Phil. 586.
property through reckless imprudence cannot be complexed with a light offense, See People vs. Acierto 57 Phil. 614 and People vs. Benitez, 73 Phil. 671).
that the light offense had already prescribed, and that two informations should have
been filed. He manifested that he would ask the prosecuting fiscal to amend the The case of Angeles vs. Jose, 96 Phil. 151, cited by investigating fiscal, is
information. Nevertheless, he concluded that since Lontok did not raise any different from the instant case because in that case the negligent act resulted in
jurisdictional issue, his petition for certiorari was not proper and, therefore, it the offenses of lesiones menos graves and damage to property which were both
should be dismissed. less grave felonies and which, therefore, constituted a complex crime

The issue is whether Lontok, over his objection, can be tried by the municipal court In the instant case, following the ruling in the Turla case, the offense of lesiones
on an information charging the complex crime of damage to property in the sum of leves through reckless imprudence should have been charged in a separate
p780 and lesiones leves through reckless imprudence. information. And since, as a light offense, it prescribes in two months, Lontok's
criminal liability therefor was already extinguished (Arts. 89151, 90 and 91,
We hold that he should be tried only for damage to property through reckless Revised Penal Code in relation to sec. 2[e] and [f] Rule 117, Rules of Court).
imprudence, which, being punished by a maximum fine of P2,340, a correctional The trial court committed a grave abuse of discretion in not sustaining Lontok's
penalty, is a less grave felony (Arts. 9, 25 and 26 and 365, Revised Penal Code). motion to quash that part of the information charging him with that light
As such, it cannot be complexed with the light offense of lesiones leves through offense.
reckless imprudence which, as correctly contended by Lontok, had already
prescribed since that crime prescribes in sixty days. WHEREFORE, the lower court's orders of May 21 and July 12, 1973 are set
aside. It is ordered to try Lontok only for damage to property through reckless
imprudence. The information need not be amended, it being understood that
Lontok has no more culpability for the offense of slight physical injuries through
reckless imprudence charged therein. No costs.

SO ORDERED.

Fernando C.J. (Acting ), Barredo, Antonio, Concepcion, Jr. and Santos, JJ.,
concur,