Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Easy Jurisprudence

Practice question

If a victim is first killed and the house is then burned to conceal that completed killing, what does the Malngan framework identify?
  1. Automatic absorption of every prior killing into every later fire.
  2. Only arson, regardless of the distinct prior killing.
  3. Separate homicide or murder, as applicable, and arson.
  4. No crime because concealment was intended.
  5. A mandatory rebellion charge.

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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