🕓 07.08.2019
📂 Stat
👁 74
 Stat Composition


G. 3rd there�s r. Nos. L-32613-14 December 27, 1972


vs .

HON. SIMEON. PROTEGER (in his capacity while Judge in the Court of First Example of Tarlac, Branch I), FELICIANO COMPANY alias LEONCIO CO alias " Frank, " and NILO T. TAYAG alias-name Romy Reyes alias " Taba, "  respondents. Solicitor R. Mutuc for respondent Feliciano Company.

Jose T. Diokno to get respondent Nilo Tayag.

CASTRO,  J.: l

I. Declaration of the Case

Posed in a significant these two instances is the constitutionality of the Anti-Subversion Act,  1 which outlaws the Communist Get together of the Israel and other " subversive interactions, " and punishes anyone who " knowingly, willfully and by overt acts internet marketers himself with, becomes or remains a member" with the Party or of any other similar " subversive" corporation. On Mar 5, 70 a felony complaint for violation of section 4 of the Anti-Subversion Act was filed against the respondent Feliciano Co in the Court of First Instance of Tarlac. On 03 10 Judge Jose C. de Guzman conducted an initial investigation and, finding aprima facie case against Co, aimed the Government prosecutors to file the corresponding information. The twice-amended details, docketed while Criminal Case No . twenty seven, recites: That on or perhaps about May possibly 1969 to December a few, 1969, inside the Municipality of Capas, Region of Tarlac, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed offender, feloniously became an officer and/or rating leader from the Communist Party of the Israel, an banned and illegitimate organization aimed to overthrow the us government of the Thailand by means of force, violence, deceit, subversion, or any other against the law means for the goal of establishing inside the Philippines a totalitarian regime and placing the government under the control and domination of the alien electrical power, by being a trainer in the Mao Tse Tung University, ideal to start school of recruits of the New People's Army, the military adjustable rate mortgage of the said Communist Party of the Philippines. That in the commission of the above criminal offense, the following irritating circumstances exist, to humor: (a) The crime continues to be committed in contempt of or with insult to public authorities; (b) The crime was committed by a band; and afford impunity. (c) With the aid of armed males or folks who guarantee or afford impunity. Co moved to quash on the ground the Anti-Subversion Take action is a invoice of attainder. Meanwhile, on May 25, 70, another lawbreaker complaint was filed while using same courtroom, sharing the respondent Nilo Tayag and five other folks with agitation, destabilization. After first investigation was had, an information was submitted, which, as amended, states: The undersigned provincial Financial of Tarlac and Condition Prosecutors appropriately designated by Secretary of Justice to collaborate while using Provincial Fiscal of Tarlac, pursuant to the Order out dated June your five, above titled case, hereby accuse Nilo S. Tayag, alias Romy Reyes parallelbezeichnung TABA, ARTHUR GARCIA, RENATO (REY) CASIPE, ABELARDO GARCIA, MANUEL ALAVADO, BENJAMIN BIE alias LEADER MELODY as well as some JOHN TRULY DOES, whose identities are still unidentified, for violation of REPUBLIC ACT Number 1700, or else known as the Anti-Subversion Law, committed as follows: That in or perhaps about 03 1969 and for some time previous thereto and thereafter, in the Province of Tarlac, inside the jurisdiction on this Honorable The courtroom, and in other places in the Korea, the above-named accused knowingly, willfully and by overt serves organized, became a member of and/or remained as offices and/or ranking leaders, with the KABATAANG MAKABAYAN, a subversive organization while defined in Republic Work No . 1700; that BENJAMIN BIE and COMMANDER MELODY, in addition thereto, knowingly, willfully and by over acts joined and/or remained as a member to become an officer and/or rank leader not merely of the Communist Party from the Philippines but also with the New Householder's Army, the military provide of the Communist Party in the Philippines; and that all the...

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