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Geronimo; Rebellion
G.R. No. L-8936. October 23, 1956
Facts: Federico Geronimo, et al. were charged
with the complex crime of rebellion with murders,
robberies, and kidnapping. The accused are
ranking officers/ or members of CCP and Huks. In
the information it alleged 5 instances including an
ambush on Mrs. Aurora Quezons convoy and
ending where Geronimo killed Policarpio Tipay a
Barrio Lieutenant. In sum the information harges
Geronimo of the crime of rebellion complexed with
the crime kidnapping, murder and robbery.
Geronimo pleaded guilty to the accusation and
the trial court found him guilty of the complex
crime of rebellion with murders, robberies, and
kidnappings,
sentencing
him
to
reclusion
perpetua. The case was appealed the SC via
automatic review, raising the sole question of
whether the crime committed by him is not the
complex crime of rebellion, but simply rebellion,
thus punishable only by prision mayor.
Issue: Whether or not kidnapping, murder. and
robbery can be complexed with rebellion.
Held: No
As a rule, the crime of rebellion is integrated by
the coexistence of both the armed uprising for the
purposes expressed in article 134 of the Revised
The accused was convicted for the simple (noncomplex) crime of rebellion under article 135 of
the Revised Penal Code, and also for the crime of
murder.