Philippine Bar review · Question

Practice question: Absorption Principle

Multiple Choice Easy Jurisprudence

Practice question

When the principal objective is burning a building and death results by reason or on the occasion of the arson, what is the stated absorption treatment in Malngan?
  1. The resulting homicide is absorbed in arson.
  2. Every case automatically becomes two separate crimes.
  3. No arson can ever exist if death occurs.
  4. The death is legally unrelated in every case.
  5. Only a victim’s occupation determines classification.

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

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