Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Medium Jurisprudence

Practice question

An offender’s proved main aim is to burn an edifice; a resulting occupant death occurs in the fire, with the stated arson conditions established. A prosecutor demands a separate homicide solely because there was death. Which is best?
  1. Every fire-related death necessarily requires separate homicide.
  2. The objective can never matter.
  3. Death automatically erases arson.
  4. Apply the objective-based absorption framework rather than treat death alone as requiring a separate homicide.
  5. Only the building’s paint color matters.

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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