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People vs. Oscar B. Pimentel 288 SCRA 542

THE PEOPLE OF THE PHILIPPINES, petitioners, vs. HON. OSCAR B. PIMENTEL, as Judge, RTC of Makati, Metro Manila, Branch 148 and ANTONIO A. TUJAN, respondents.

G.R. No. 100210 | 1998-04-01

D E C I S I O N 

MARTINEZ, J: 

Is the Court of Appeals, in affirming the order of the Regional Trial Court, correct in ruling that Subversion is the "main offense" in a charge of Illegal Possession of Firearm and Ammunition in Furtherance of Subversion under P.D. No. 1866, as amended, and that, therefore, the said charge should be quashed in view of a previous charge of Subversion under R.A. No. 1700, as amended by P.D. No. 885, against the same accused pending in another court? 

Stated differently, is the accused charged with the same offense in both cases, which would justify the dismissal of the second charge on the ground...