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PEOPLE vs Ariel Pedroso

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARIEL PEDROSO y CIABO, accused-appellant.

G.R. No. 125128 | 2000-07-19

D E C I S I O N
MELO, J.:
Under Article 63 of the Revised Penal Code, if an accused is found guilty of a felony for which the law prescribes a penalty composed of two indivisible penalties, the trial court judge has to impose one or the other, not both. This rule, elementary as it is, needs reiteration in the case at bar.
On June 17, 1994, Ariel Pedroso y Ciabo was charged before Branch 26 of the Regional Trial Court of the National Capital Region stationed in Manila with the crime of robbery with homicide, committed as follows:
That on or about June 2, 1994, in the City of Manila, Philippines, the said accused, conspiring and...