Practice question
Under the Hernandez doctrine as explained in Lovedioro, how are common offenses committed in furtherance of rebellion generally treated?
- They always become separate private debts only.
- They are automatically pardoned.
- They are absorbed in rebellion through their established political character.
- They necessarily form an Article48 complex crime with rebellion.
- 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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