Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Hard

Practice question

An accused is prosecuted for a common crime. The defense proves that the accused belongs to a rebel group and that rebellion was ongoing nearby, but supplies no evidence that this particular offense furthered a political end. It argues that affiliation and proximity alone compel absorption. Under Lovedioro, which is correct?
  1. The two facts automatically establish the missing purpose.
  2. Every rebel-group member is immune from common-crime prosecution.
  3. Political motive need not be established in any case.
  4. The asserted facts alone do not establish absorption; the particular act's political connection must be demonstrated.
  5. The prosecution must abandon the case solely because rebellion occurred nearby.

Legal references

  • https://lawphil.net/judjuris/juri1995/nov1995/gr_112235_1995.html — People v. Lovedioro, G.R.112235, November29 1995, main opinion, political-purpose requirement and private-purpose exception.
  • https://www.lawphil.net/judjuris/juri1990/jun1990/gr_92163_1990.html — Enrile v. Salazar, G.R.92163 and92164, June5 1990, main opinion reaffirming Hernandez absorption doctrine.

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