Multiple Sentences for Two Criminal Counts in the Philippines
A comprehensive guide to charging, adjudicating, and executing penalties when an accused is found guilty of two separate criminal acts
1. Foundations: Separate vs. Single Offense
| Concept | Key Provision(s) | Practical Take-away |
|---|---|---|
| Single or complex crime (Art. 48, RPC) | A single act resulting in two or more grave or less-grave felonies → one “complex” crime, one penalty (max + increment). | Only one sentence is imposed even if the information lists two component felonies (e.g., homicide + serious physical injuries from the same shot). |
| Delito continuado/continued crime | Jurisprudence (e.g., People v. De Leon, G.R. L-12744, 1960) | A series of acts impelled by a single criminal intent (e.g., skimming cash daily) is treated as one offense; hence one sentence. |
| Two distinct acts/two informations | Arts. 91–93; Art. 70 (“successive service”) | Each information yields its own conviction and penalty; sentences may run consecutively or concurrently (court’s discretion, subject to rules below). |
| Special penal laws | Express penalties override RPC book-I rules unless the special law is silent, in which case Book I fills the gaps. | Almost always one penalty per count (e.g., two sales of shabu on two dates → two terms of life imprisonment). |
2. Charging Guidelines (Rule 110, Rules of Court)
- Duplicity prohibition (Sec. 13): One information = one offense, except when the crime is complex under Art. 48.
- If the prosecutor believes there are two separate crimes, two informations must be filed; otherwise, conviction on only one count may bar another prosecution (double jeopardy).
- Amendment vs. new information: When the same act violates both the RPC and a special law, fiscal must choose, unless the two laws penalize different elements (e.g., illegal possession + murder).
Tip: Drafting the charging document correctly is the first safeguard against illegal multiple penalties.
3. Trial and Judgment: Independent Disposition per Count
- Each case gets its own docket number, evidence, and judgment of conviction or acquittal.
- Convictions may issue on the same day or at different times; sequence affects computation of preventive-imprisonment credit and eligibility for plea-bargaining on appeal.
4. Imposition of Penalties
4.1 Revised Penal Code crimes
| Scenario | Sentencing Rule |
|---|---|
| Both crimes under the RPC | Court imposes the penalty prescribed for each crime (Arts. 46–77). |
| Accessory penalties (civil interdiction, perpetual absolute disqualification, etc.) | Attach to each principal penalty. |
| Indivisible penalties (reclusion perpetua) | Duration is “for life,” but for Art. 70 computation it is 30 years. |
4.2 Special Law crimes
- Penalty is whatever the statute says (e.g., life imprisonment or 20 years to life).
- No minimum-maximum computation unless the statute provides ranges (Indeterminate Sentence Law [ISL] does not apply to penalties of life imprisonment or reclusion perpetua).
- Example: Two counts of qualified trafficking (RA 9208): two distinct sentences of life imprisonment plus ₱2-million fine each.
5. Successive vs. Concurrent Service (Art. 70, RPC)
General rule: Penalties are served successively (cumulative).
Three-fold rule: The maximum period an inmate actually serves shall not exceed thrice the length of the most severe penalty and in no case more than 40 years.
- Example: Two counts of reclusion temporal (max 20 years each) + one count of prision mayor (max 12 years). Aggregate = 52 years, but inmate serves 40.
Court’s discretion to order concurrency (rare): When justice so demands and the crimes arose from closely related acts, judges have ordered that prison terms overlap (see People v. Abilong, G.R. No. 149266, 2003).
When one sentence is destierro and the other imprisonment, the Supreme Court has allowed simultaneous service because the banishment can coexist with incarceration.
6. Interaction with Other Time-Credit Regimes
| Law | Credit | Notes |
|---|---|---|
| Indeterminate Sentence Law (Act 4103) | Court must state min-max for each penalty except where the offense carries reclusion perpetua/life imprisonment or the convict is a habitual delinquent. | |
| RA 10592 (Expanded GCTA) | Good Conduct Time Allowance applies per sentence, so two sentences double the potential deduction, but the Bureau of Corrections first sums the terms, then applies credits, subject to the 3-fold limit. | |
| RA 9346 (Death Penalty repeal) | If either count used to be death, the penalty is now reclusion perpetua without eligibility for parole. |
7. Post-Judgment Remedies
- Probation: Not available when the accused is sentenced to serve more than one sentence or any sentence exceeding 6 years (Sec. 9, Probation Law).
- Appeal: Separate notices of appeal may be filed per case, but appellate courts often consolidate.
- Pardon & Commutation: Executive clemency considers each conviction, but once clemency issues on aggregate term, remaining sentences are effectively superseded.
8. Illustrative Jurisprudence
| Case | Facts | Ruling on Sentences |
|---|---|---|
| People v. Barde, G.R. 106357 (1994) | Two rapes on the same night but distinct penetrations. | Two convictions; penalties to be served successively; 3-fold rule applied. |
| People v. Ramos, G.R. 191395 (2013) | Three separate murders in one burst of gunfire. | Treated as complexed (Art. 48) → one sentence of reclusion temporal in its maximum period, raised to reclusion perpetua. |
| People v. Baylon, G.R. 200410 (2020) | Two counts of qualified trafficking on two different dates. | Two separate life terms; court reiterated no ISL, no concurrency. |
| People v. Domingo, G.R. 221599 (2017) | Acts of lasciviousness over months, same child. | Delito continuado; one conviction, one penalty. |
9. Collateral Consequences
- Civil liability: Each count carries its own civil indemnity and damages.
- Subsidiary imprisonment for fines: Computed per count (Art. 39).
- Habitual delinquency/recidivism: A finding on either count can aggravate the penalty for the other when committed in sequence.
- Asset forfeiture (e.g., under RA 9165) attaches to each count and can multiply economic consequences.
10. Practical Checklist for Counsel & Bench
| Stage | Questions to ask |
|---|---|
| Before filing | Are the acts truly distinct? Does Art. 48 apply? Will duplicity bar future prosecution? |
| Plea-bargaining | Does the accused risk ineligibility for probation because of multiple counts? |
| Promulgation | Should the court specify concurrent service? Are accessorial penalties stated per conviction? |
| Commitment order | Has the clerk aggregated the penalties correctly? Has the 3-fold rule ceiling been noted? |
| Execution phase | Has BuCor applied GCTA per sentence? Is the convict entitled to parole on any count? |
Conclusion
When an accused faces two criminal counts in the Philippines, the determination of whether those counts merge into a single punishable act or command separate sentences hinges on fine statutory distinctions (Art. 48 vs. Art. 70) and robust jurisprudence on complex, continuous, and special-law crimes. Once two distinct sentences exist, the default is cumulative service tempered by the three-fold-rule cap of 40 years. Counsel must be vigilant from information drafting up to final execution, mindful that every stage—charging, sentencing, credits, clemency—has its own rules on how to treat “multiple sentences” for “two counts.”