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PEOPLE Vs. Maximiano C. Asuncion, Et Al.

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. MAXIMIANO C. ASUNCION, Presiding Judge of Branch 104, RTC, Quezon City, PATERNA RUIZ, NOLI G. NARCA, FR. NICK RUIZ, LYDIA R. NARCA, RODOLFO CORTEZA and TOMAS DOMINADO, respondents.

G.R. Nos. 83837-42 | 1992-04-22

D E C I S I O N


NOCON, J.:

In a Petition for Certiorari filed under Rule 65 of the Rules of Court, the People raise the issue of whether the crime of illegal possession of firearms, ammunition and explosives, punishable under P.D. 1866, is absorbed by the crime of subversion, i.e., membership in a subversive organization, punishable under R.A. 1700, as amended.

The People filed this petition assailing the Resolution dated May 4, 1988 of respondent Judge Maximiano C. Asuncion, granting the motion of private respondents to quash the Information charging them with violation of P.D. 1866, as being void ab initio and the order dated June 8,...