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1) Failure to inform him of his right to counsel and to remain silent [Sec.
4, par. 1); and
2) Prevent an Immediate member of his family which includes fiancee, to
confer with Estafador (Sec. 4(b).
Subversion
1991 No. 2:
a) May a ranking leader of the NPA who has taken up arms against the
government be simultaneously prosecuted for violation of Section 1 of RA. 1700
(the Anti-Subversion Act) and for rebellion under Article 135 of the Revised Penal
Code, as amended?
Answer;
Yes, because the two offenses are punished under separate laws.
Besides, the elements of the two offenses differ.
b) What would have been the legal effect of the repeal of P.D. No. 1835
(Codifying The Various Laws on Anti-Subversion and Increasing the Penalties
For Membership in Subversive Organizations) as amended by P.D, No. 1975, if