PEOPLE V. HERNANDEZ 99 Phil.

515 (Digest)

FACTS:
                Amado HERNANDEZ5 (member of the CPP and President of the
Congress of Labor Organizations) re-filed for bail (previous one denied) for his
conviction of rebellion complexed with murders, arsons and robberies. The
prosecution said to deny this again because the capital punishment may be
imposed. The defense however contends that rebellion cannot be complexed
with murder, arson, or robbery. The information states that the “…murders,
arsons and robberies allegedly perpetrated by the accused “as a necessary
means to commit the crime of rebellion, in connection therewith and in
furtherance thereof.”

ISSUE: W/N rebellion can be complexed with murder, arson, or robbery.

Held: NO!

RATIO:

                Under the allegations of the amended information, the murders,

arsons and robberies described therein are mere ingredients of the crime of
rebellion allegedly committed by HERNANDEZ, as means “necessary” for the
perpetration of said offense of rebellion and that the crime charged in the
amended information is, therefore, simple rebellion, not the complex crime of
rebellion with multiple murder, arsons and robberies. Under Article 1346 and
1357, these five (5) classes of acts constitute only one offense, and no more,
and are, altogether, subject to only one penalty. One of the means by which
rebellion may be committed, in the words of said Article 135, is by “engaging in
war against the forces of the government” and “committing serious violence” in
the prosecution of said “war”. These expressions imply everything that war
connotes. Since Article 135 constitute only 1 crime, Article 48 doesn’t apply since
it requires the commission of at least 2 crimes.