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People vs Daniel Quijada [CONCURRING AND DISSENTING OPINION, REGALADO,J.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANIEL QUIJADA Y CIRCULADO, accused-appellant.

G.R. Nos. 115008-09 | 1996-07-24

REGALADO, J., concurring and dissenting opinion:

I concur in the majority opinion only insofar as it holds accused-appellant Daniel Quijada y Circulado guilty of the crime of murder with the use of an illegally possessed firearm and punishes him therefor. I confess, however, that I cannot in conscience reconcile myself with the unfortunate doctrine first announced in People vs. Tac-an,[1] and now reiterated by the majority, that said appellant should be twice penalized for two supposedly distinct offenses involving (1) the murder of the victim with an illegally possessed firearm, under Presidential Decree No. 1866 and (2) the same murder of...