PEOPLE V. HERNANDEZ 99 Phil. 515 (Digest)

No Complex Crime of Rebellion With Murder, Arson or Robbery

20. PEOPLE V. HERNANDEZ 99 Phil. 515

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.