.R. No.

L-35700 October 15, 1973

THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee,

vs.
JOSE GERONIMO and ROMEO GERONIMO, defendants and appellants.

Office of the Solicitor General Felix Q. Antonio, Assistant Solicitor General Dominador L. Quiroz and
Solicitor Rosalio A. de Leon for plaintiff-appellee.

Eleuterio F. Martinez as Counsel de Oficio for defendants-appellants.

FACTS:

The accused being member of the Communist Party of the Philippines having come to an
agreement and decided to Commit Rebellion, conspiring together and confederating among
themselves to take arm against the government.

The accused Geronimo entered non-guilty plea. But when the case was called for trial he asked
the court to substitute the original plea with that of guilty. The fiscal recommended the penalty of
life imprisonment to be imposed taking the account the guilty plea as a mitigating circumstance.
However, Geronimo’s counsel argued the penalty imposable is only that of prison mayor.

ISSUE:

Is Geronimo guilty of complex crime of conspiracy and proposal to commit felony?

HELD:

YES. The accused committed the conspiracy causing a simple rebellion. In the Article 8 of the
Revised penal Code of the Philippines. Geronimo and The Communist Party of the Philippines
committed their conspiracy causing a rebellion.