Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Easy Jurisprudence

Practice question

If fire is purposely used as the means to kill a particular person and that goal is accomplished, what classification does Malngan identify?
  1. Only a harmless property incident.
  2. Murder by the relevant means, rather than automatically separate arson and murder for that stated situation.
  3. No killing offense because fire was used.
  4. A separate rebellion in every case.
  5. Only trespass regardless of death.

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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