Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Hard Jurisprudence

Practice question

An offender deliberately adopts fire to kill a particular person inside and accomplishes that purpose. Another offender separately kills first and then burns the structure as concealment. A party says both invariably receive the same absorption treatment because fire appears in both. Which is correct?
  1. Every use of fire has an identical legal role.
  2. Distinguish fire as the killing means from a separate later concealment act.
  3. The chronology and purpose are legally meaningless.
  4. The earlier killing is automatically unproved.
  5. A fire always establishes the same single offense regardless of facts.

Legal references

  • People v. Malngan, G.R. No. 170470, September 26, 2006, en banc main decision, arson and resulting death: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/43138
  • People v. Sota, G.R. No. 203121, November 29, 2017, main decision, reaffirming objective-based arson/killing classification: https://lawphil.net/judjuris/juri2017/nov2017/gr_203121_2017.html

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