Practice question
Two cases share a destroyed building and one death. In A, burning is the main objective and death results on the occasion. In B, the offender kills first and later sets fire solely to cover it up. The defense demands identical absorption because the final photographs look similar. Which is best?
- The differing objectives and sequence require the distinct classifications identified by the cases.
- Identical photographs conclusively establish identical criminal objectives.
- The actual death timing can never matter.
- Every two-act sequence is automatically one arson.
- The accused’s preferred label overrides the proved facts.
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
Answer this question in flashcards to review your response and continue practicing.