TRY ME!
Rebellion And Absorption Doctrine
Summary
The crime committed by Pedro and Juan is rebellion, as their actions were in furtherance of the New People’s Armys objectives. If unlicensed firearms were used, the crime of illegal possession is absorbed by rebellion due to the doctrine of absorption. Rebellion absorbs common crimes committed in its furtherance, meaning they are not prosecuted separately. In contrast, a coup detat does not require a public uprising, unlike rebellion. Acts of disloyalty under Article 137 include failing to resist rebellion, continuing duties under rebel control, and accepting appointments from rebels. The doctrine of absorption does not apply to sedition, as it involves a public uprising distinct from rebellion.Full Conversation
In letter b, does it apply the doctrine of absorption since the unlicensed gun was used to kill the mayor
Hi there! Yes, the doctrine of absorption would apply in this case. Since Pedro and Juan were committing the murder as part of their rebellion activities, the crime of illegal possession of firearms would be absorbed and not treated as a separate offense. This is because the acts were all in furtherance of the rebellion.
Let me know if you have any other questions!
Let me know if you have any other questions!
In accordance to the file. answer this. On March *, * at about *:* P.M., Mayor Pineda of a certain province was on board his private van traveling along Taft Avenue in Manila. Pedro and Juan shot him on the head which resulted in his instant death. At that time, Pedro and Juan were members of the New People’s Army and they killed the mayor upon orders of their senior officer, Ka Lolong. According to Pedro and Juan, they were ordered to kill him because of his corrupt practices. a. What is the crime committed, if any? Explain. b. Suppose Pedro and Juan used unlicensed firearms in killing the mayor, what crime or crimes did they commit, if any? Explain. c. May there be a complex crime of rebellion with murder and other common crimes? Why or why not?
a. The crime committed is rebellion. Since Pedro and Juan were members of the New People’s Army and acted upon orders from their senior officer, their act of killing the mayor was in furtherance of the rebellion.
b. If Pedro and Juan used unlicensed firearms, the crime of illegal possession of firearms would be absorbed by the crime of rebellion due to the doctrine of absorption.
c. No, there cannot be a complex crime of rebellion with murder and other common crimes. Common crimes are absorbed by rebellion if committed in furtherance of the rebellion.
b. If Pedro and Juan used unlicensed firearms, the crime of illegal possession of firearms would be absorbed by the crime of rebellion due to the doctrine of absorption.
c. No, there cannot be a complex crime of rebellion with murder and other common crimes. Common crimes are absorbed by rebellion if committed in furtherance of the rebellion.
make it * sentences per letter
Case Rating: *
a. The crime committed is rebellion. Pedro and Juan were members of the New People’s Army and followed the orders of their senior officer, Ka Lolong. The killing of Mayor Pineda was in furtherance of their rebellion activities. Therefore, their actions fall under the crime of rebellion. This is because rebellion absorbs common crimes committed in its furtherance.
b. If Pedro and Juan used unlicensed firearms, the crime of illegal possession of firearms would be absorbed by the crime of rebellion. The doctrine of absorption applies in this case. Since the firearms were used to commit the act in furtherance of rebellion, it is not treated as a separate offense. All actions committed with the purpose of rebellion are considered part of the single crime of rebellion. Thus, illegal possession of firearms is not separately punishable.
c. There cannot be a complex crime of rebellion with murder and other common crimes. The doctrine of absorption states that common crimes committed in furtherance of rebellion are absorbed into the crime of rebellion. This means that such common crimes are not prosecuted separately. Rebellion encompasses all acts done to achieve its political objectives. Hence, rebellion cannot be complexed with murder or other common crimes.
a. The crime committed is rebellion. Pedro and Juan were members of the New People’s Army and followed the orders of their senior officer, Ka Lolong. The killing of Mayor Pineda was in furtherance of their rebellion activities. Therefore, their actions fall under the crime of rebellion. This is because rebellion absorbs common crimes committed in its furtherance.
b. If Pedro and Juan used unlicensed firearms, the crime of illegal possession of firearms would be absorbed by the crime of rebellion. The doctrine of absorption applies in this case. Since the firearms were used to commit the act in furtherance of rebellion, it is not treated as a separate offense. All actions committed with the purpose of rebellion are considered part of the single crime of rebellion. Thus, illegal possession of firearms is not separately punishable.
c. There cannot be a complex crime of rebellion with murder and other common crimes. The doctrine of absorption states that common crimes committed in furtherance of rebellion are absorbed into the crime of rebellion. This means that such common crimes are not prosecuted separately. Rebellion encompasses all acts done to achieve its political objectives. Hence, rebellion cannot be complexed with murder or other common crimes.
*. Which of the following is TRUE about coup d'etat but NOT TRUE in rebellion?
a. They are crimes against public order.
b. There is no public uprising.
c. Their purpose is to overthrow the government.
d. Their purpose is to seize or diminish state powers.
Choose only one and then explain in * sentences / expound your answer.
Case Rating: *
b. There is no public uprising.
In a coup d'etat, the defining characteristic is a swift attack, often by military or police forces, without the need for a public uprising. This differs from rebellion, which involves a public uprising and taking up arms against the government. The coup d'etat focuses on quickly seizing or diminishing state power through strategic and stealthy actions. Thus, the absence of a public uprising is what distinguishes it from rebellion.
b. There is no public uprising.
In a coup d'etat, the defining characteristic is a swift attack, often by military or police forces, without the need for a public uprising. This differs from rebellion, which involves a public uprising and taking up arms against the government. The coup d'etat focuses on quickly seizing or diminishing state power through strategic and stealthy actions. Thus, the absence of a public uprising is what distinguishes it from rebellion.
In accordance to the file. answer this and limit it in * sentences. *. What are the acts of disloyalty punishable under Article * of the Revised Penal Code?
*. Is the doctrine absorption applicable to the crime of sedition? Explain.
Case Rating: *
*. Acts of disloyalty punishable under Article * of the Revised Penal Code include:
- Failure of public officers or employees to resist a rebellion by all means in their power.
- Continuing to discharge their duties under rebel control.
- Accepting appointment to office under the rebels.
*. The doctrine of absorption is not applicable to the crime of sedition. Sedition involves a public and tumultuous uprising to achieve political or social ends, making it distinct from rebellion. Therefore, common crimes committed during sedition are not absorbed and are punishable separately.
*. Acts of disloyalty punishable under Article * of the Revised Penal Code include:
- Failure of public officers or employees to resist a rebellion by all means in their power.
- Continuing to discharge their duties under rebel control.
- Accepting appointment to office under the rebels.
*. The doctrine of absorption is not applicable to the crime of sedition. Sedition involves a public and tumultuous uprising to achieve political or social ends, making it distinct from rebellion. Therefore, common crimes committed during sedition are not absorbed and are punishable separately.
In accordance to the file. answer this and limit it in * sentences. *. What are the acts of disloyalty punishable under Article * of the Revised Penal Code?
Case Rating: *
- Failure of public officers or employees to resist a rebellion by all means in their power.
- Continuing to discharge their duties under rebel control.
- Accepting appointment to office under the rebels.
- Failure of public officers or employees to resist a rebellion by all means in their power.
- Continuing to discharge their duties under rebel control.
- Accepting appointment to office under the rebels.
Start a new chat