People vs Rodriguez
107 Phil. 659 (1960)
Facts:
On October 30, 1956, Elias
Rodriguez was charged with illegal possession of firearm and ammunition. The
accused filed a motion to quash on the ground that the crime with which he is
charged is already alleged as a component element or ingredient of the crime of
rebellion with which he was charged in Criminal Case No. 16990 of the Court of
First Instance of Manila.
Issue:
Whether or not illegal possession
of firearm and ammunition is already absorbed in the crime of rebellion?
Held:
Yes
Ratio:
The Court held that, "any or
all of the acts described in Art. 135, when committed as a means to or in
furtherance of the subversive ends described in Art. 134, become absorbed in
the crime of rebellion, and cannot be regarded or penalized as distinct crimes
in themselves; and cannot be considered as giving rise to a separate crime
that, under Art. 48 of the code, would constitute a complex one with that of
rebellion" (People v. Geronimo, 100 Phil., 90; 53 Off. Gaz., 68), the
conclusion is inescapable that the crime with which the accused is charged in
the present case is already absorbed in the rebellion case and so to press it
further now would be to place him in double jeopardy.
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