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?
- Seriousness alone always permits complexing.
- The Hernandez absorption doctrine cannot be displaced solely by the seriousness of the absorbed offense.
- The offense automatically becomes an administrative case.
- The accused must be acquitted of every offense.
- 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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