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PEOPLE vs William Montinola

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILLIAM MONTINOLA, accused-appellant.

G.R. Nos. 131856-57 | 2001-07-09

D E C I S I O N

DAVIDE, JR., C.J.:

The core issue in this case is whether the use of an unlicensed firearm in the killing perpetrated by reason or on the occasion of the robbery may be treated as a separate offense or as an aggravating circumstance in the crime of robbery with homicide.

Accused-appellant William Muyco Montinola (hereafter WILLIAM) was charged before the Regional Trial Court of Iloilo City with robbery with homicide in Criminal Case No. 47168 and illegal possession of firearm in Criminal Case No. 47269. The accusatory portions of the two informations read as follows:

Criminal Case No. 47168:

That on or about the 18th...