Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Medium Jurisprudence

Practice question

An offender first completes a separately established killing, then burns the building to hide evidence. He invokes automatic absorption merely because both happened at one address. Which is sound?
  1. One address always means one crime.
  2. Every later fire erases every earlier offense.
  3. The offender may choose any classification without facts.
  4. The concealment purpose is always irrelevant.
  5. The common location does not defeat the separate-offense analysis for the stated concealment sequence.

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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