Philippine Bar review · Question

Practice question: Single Impulse Rule

Multiple Choice Hard

Practice question

One negligent driving act causes death, injuries, and property damage. Counsel argues that Ivler proves every set of intentional attacks with a common purpose must likewise be one Article 48 offense. Which is correct?
  1. Ivler abolishes all distinctions between intent and negligence.
  2. Article 365 is simply another name for every Article 48 compound crime.
  3. All victims’ consequences must always be prosecuted separately.
  4. Ivler concerns the indivisible Article 365 quasi-offense and cannot be used to create a universal merger rule for distinct intentional felonies.
  5. A negligent incident can never result in criminal proceedings.

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
  • People v Mision, G.R. No. 63480, February 26, 1991, main decision, separate acts and limits of single-impulse reasoning: https://lawphil.net/judjuris/juri1991/feb1991/gr_63480_1991.html
  • People v Nelmida, G.R. No. 184500, September 11, 2012, en banc main decision, Article 48 and limited Lawas exception: https://lawphil.net/judjuris/juri2012/sep2012/gr_184500_2012.html
  • Ivler v Modesto-San Pedro, G.R. No. 172716, November 17, 2010, main decision, Article 365 indivisible quasi-offense distinguished from Article 48: https://lawphil.net/judjuris/juri2010/nov2010/gr_172716_2010.html

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