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People vs. Roman Vilo [DISSENTING OPINION, FERIA, J.]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appelle, vs. ROMAN VILO, defendant-appellant.

G.R. No. L-1656 | 1949-01-07

FERIA, J., dissenting:
 
I dissent from the decision which, in its pertinent part reads as follows:
 
The People's Court, however, erred in classifying the crime as treason with murder, The killing of Amando Satorre and one Segundo is charged as an element of treason, and it therefore "becomes identified with the latter crime and cannot be the subject of a separate punishment, or used in combination with treason to increase the penalty as article 48 of the Revised Penal Code provides." (People vs. Prieto, L- 399, 45 Off Gaz., 3329.2 See, also People vs, Labra, L-884, 46 Off Gaz., [Supp. to No. 1], 159.)3 This...