Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Medium

Practice question

The evidence establishes that a common offense formed part of and was committed in furtherance of a proven rebellion, with the required political purpose. The prosecution seeks to complex that absorbed offense with rebellion under Article48 solely because it is serious. Which is best under Enrile?
  1. Seriousness alone always permits complexing.
  2. The Hernandez absorption doctrine cannot be displaced solely by the seriousness of the absorbed offense.
  3. The offense automatically becomes an administrative case.
  4. The accused must be acquitted of every offense.
  5. Every offense against property is outside all absorption.

Legal references

  • https://lawphil.net/judjuris/juri1995/nov1995/gr_112235_1995.html — People v. Lovedioro, G.R.112235, November29 1995, main opinion, political-purpose requirement and private-purpose exception.
  • https://www.lawphil.net/judjuris/juri1990/jun1990/gr_92163_1990.html — Enrile v. Salazar, G.R.92163 and92164, June5 1990, main opinion reaffirming Hernandez absorption doctrine.

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