COMPLEX AND SPECIAL COMPLEX CRIME, THERE IS A DIFFERENCE

First under the RPC on complex crimes, component crimes are defined and penalized under separate and distinct articles and are committed under circumstances in article 48 of the same code…that is two or more grave or less grave felonies resulted from a single act, or one offense was necessary for committing the other offense.

Special complex crimes are component crimes constituting a single indivisible offese, and are penalized under one article of the RPC. For example article 294 provides for robbery with homicide as a single offense.

In the case of :

G.R. No. 192789               March 23, 2011
PEOPLE OF THE PHILIPPINES,
Appellee,
vs.
NGANO SUGAN, NGA BEN LATAM, FRANCING, GAGA LATAM, SALIGO KUYAN and KAMISON AKOY, Accused,
GAGA LATAM, SALIGO KUYAN and KAMISON AKOY, Appellants.

The Supreme Court stated that, "

the appellants and their companions clearly acted in conspiracy in committing the special complex crime charged. To recall, Gaga, Saligo, Ngano, Nga Ben and alias Francing entered Fortunato’s house, while Kamison and Cosme acted as lookouts. While his companions were robbing the house, Ngano brought Nestor outside and shot him. Reggie rushed to the scene, but Kamison and Cosme prevented him from entering the house by pointing a knife and a gun at him, respectively. Thereafter, all the seven (7) armed men fled together."

Also in In People v. Larrañaga,[41] the Court explained that this provision gives rise to a special complex crime:

This amendment introduced in our criminal statutes, the concept of 'special complex crime' of kidnapping with murder or homicide. It effectively eliminated the distinction drawn by the courts between those cases where the killing of the kidnapped victim was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought. Consequently, the rule now is: Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by R.A. No. 7659."

Where the law provides a single penalty for two or more component offenses, the resulting crime is called a special complex crime. Some of the special complex crimes under the Revised Penal Code are (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide. In a special complex crime, the prosecution must necessarily prove each of the component offenses with the same precision that would be necessary if they were made the subject of separate complaints. As earlier mentioned, R.A. No. 7659 amended Article 267 of the Revised Penal Code by adding thereto this provision: "When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed; and that this provision gives rise to a special complex crime

A continuing crime also known as Delito Continuado is constituted by a series or overt acts committed by the offender in one place in vilation of a penal law such as Piracy which can vebgtin in our territorial jurisdiction and upon capture can end on the high seas.  The entire acts are punished under the crime piracy.