Practice question
In Carungcong, does necessary means mean that the first offense must be an indispensable element of every possible commission of the second?
- Yes, it must be an element in every imaginable case.
- No; the Court distinguishes necessary facilitation in the case from an indispensable ingredient of the other offense.
- Yes, if the accused denies guilt.
- Yes, whenever documents are involved.
- No, because no relationship between offenses is required.
Legal references
- Revised Penal Code, Article 48 as amended, text and current two-branch rule reproduced in People v Reyes, G.R. No. 260030, May 19, 2025: https://lawphil.net/judjuris/juri2025/may2025/gr_260030_2025.html
- Intestate Estate of Manolita Gonzales Vda. de Carungcong v People, G.R. No. 181409, February 11, 2010, main decision, necessary means and falsification-estafa: https://lawphil.net/judjuris/juri2010/feb2010/gr_181409_2010.html
- People v Sendaydiego, G.R. Nos. L-33253 and L-33254, January 20, 1978, main decision, falsification to conceal malversation distinguished from necessary means: https://lawphil.net/judjuris/juri1978/jan1978/gr_33254_1978.html
Answer this question in flashcards to review your response and continue practicing.