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PEOPLE OF THE PHILIPPINES vs, Ferrer, et al.

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. SIMEON N. FERRER, in his capacity as Judge of the Court of First Instance of Tarlac, Branch I; FELICIANO CO alias "Leoncio Co" alias "Bob" and NILO S. TAYAG alias "Romy Reyes" alias "Taba", respondents.

G.R. Nos. L-32613-4 | 1974-04-30

R E S O L U T I O N

CASTRO, J:

The respondents Feliciano Co and Nilo Tayag separately seek a reconsideration of our decision in this case dated December 27, 1972. The motion for reconsideration filed by Co, being a mere reiteration of arguments previously advanced, need not detain us. It is the motion filed by Tayag that requires detailed consideration.

The burden of Tayag's motion is that knowing membership alone in the Communist Party of the Philippines or in any other subversive organization cannot, consistently with the Constitution, be made the basis of criminal prosecution under the Anti-Subversion Act. He argues that such...