Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Easy

Practice question

Under the Hernandez doctrine as explained in Lovedioro, how are common offenses committed in furtherance of rebellion generally treated?
  1. They always become separate private debts only.
  2. They are automatically pardoned.
  3. They are absorbed in rebellion through their established political character.
  4. They necessarily form an Article48 complex crime with rebellion.
  5. They are irrelevant because rebellion cannot be prosecuted.

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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