Nature

Rape with Homicide

Special complex crime

Kidnapping with Homicide/ra pe

Special complex crime

Robbery with rape/homici de

Special complex crime

Carpnapping with homicide/ra pe

Special complex crime

GR: 2nd crime must be consummated. But, what if only attempted/frustrat ed? Consider separate crime or complex (Art 48), depending on the facts (rape and attempted/frustrat ed homicide) Consider separate crime or complex (Art 48), depending on the facts (kidnapping and attempted/frustrat ed homicide/rape) Consider separate crime or complex (Art 48), depending on the facts (robbery and attempted/frustrat ed homicide/rape) Crime which was not consummated counted as qualifying

Who must die?

What happens to extra rape/homicide ? Not considered aggravating

Anyone, since by reason or on occasion of the rape Kidnappe d victim must be the one who died

What if 1st crime was NOT consummate d? Attempted rape with homicide (266-B)

Not considered aggravating. Excess rapes are absorbed.

Maybe Art 48?

Anyone, since by reason or on occasion of the robbery. Victim must be the owner, driver or occupant of the car. If another person dies or is raped, then consider that separatin g.

Not considered aggravating

Attempted robbery with homicide (297)

Not considered aggravating. Still counted as one crime.

Not sure if Art 48 will apply since carnapping is a SPL

Forcible abduction with rape

Complex Crime under Art 48

Still complex, since under Art 48

Consider extra rapes as separate crimes.