Yes, in letter b, the doctrine of absorption does not apply. Here's why:
- Illegal possession of firearms is a separate offense under Republic Act No. *, or the Comprehensive Firearms and Ammunition Regulation Act.
- The use of unlicensed firearms in committing a crime like murder is treated as a distinct offense and is not absorbed by the crime of murder.
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Sure! Under the Revised Penal Code (RPC) of the Philippines, rebellion is defined as:
-
Rebellion or Insurrection (Article *): -
Acts: Rebellion is committed by rising publicly and taking arms against the government for the purpose of:
- Removing from the allegiance to said government or its laws:
- The territory of the Republic of the Philippines or any part thereof.
- Any body of land, naval, or other armed forces.
- Depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.
Key Points:
- Public Uprising: The act must be done publicly and involve taking up arms.
- Purpose: The objective must be to overthrow the government or remove its authority over Philippine territory.
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when you say taking arms against the government does it also involve the unlicensed guns
Case Rating: *
Taking arms against the government, as defined in the Revised Penal Code, focuses on the act of rebellion itself. Using unlicensed guns can lead to additional charges of illegal possession of firearms under Republic Act No. *.
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does it not absorb by doctrine of absorption
Case Rating: *
The doctrine of absorption means that certain crimes committed in furtherance of a primary offense are absorbed into that primary offense. For rebellion, acts directly connected to the rebellion may be absorbed, but certain independent crimes like illegal possession of firearms are not absorbed and are treated separately.
Is there anything specific you'd like to know about how the doctrine of absorption applies in a legal context?
what it means, taking arms against the government
Case Rating: *
Taking up arms against the government refers to engaging in armed resistance or rebellion with the intent to overthrow, remove, or disrupt the authority and function of the government. This involves the use of weapons and organized force to achieve such objectives.
Do you have more specific questions or need further clarification on any aspect?
does it clarify if the weapons are licensed or not?
Case Rating: *
It looks like the situation you're referring to involves a discussion about the crime of rebellion and the use of firearms, both licensed and unlicensed.
The specific question about whether the weapons are licensed or not in the context of "taking arms against the government" is not directly clarified. The focus is on the act of rebellion itself. However, if unlicensed firearms are used, there are additional charges for illegal possession of firearms under Republic Act No. *.
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