Complex Crime
22. Ponce Enrile vs. Salazar, 186 SCRA 217 (1990)
Student: G-one T. Paisones
Professor: Atty. Cisco Franz S. Maclang
Facts:
In
the afternoon of February
27, 1990, Senate Minority Floor Leader Juan Ponce Enrile was arrested by law enforcement
officers led by Director Alfredo Lim of the NBI on the strength of a warrant
issued by Hon. Jaime Salazar of the RTC of Quezon City Branch 103, in Criminal
Case No. 90-10941. The
warrant had issued on an information signed and earlier that day filed by a
panel of prosecutors composed of Senior State Prosecutor Aurelio C. Trampe, and
companions, charging Senator Enrile, the spouses Rebecco and Erlinda PanIilio,
and Gregorio Honasan with the crime of rebellion with
murder and multiple frustrated murder allegedly committed during the period of
the failed coup attempt from November 29 to December 10, 990.
Issue:
WON the
court must abandon Hernandez doctrine (Rebellion can absorb other crimes).
Held:
NO
Ratio:
11
Members of the Court voted
against abandoning Hernandez.
The ruling remains good law, its substantive and logical
bases have withstood all subsequent challenges and no
new ones are presented here persuasive enough to warrant a complete reversal. The President in effect by legislative fiat
reinstated Hernandez as binding doctrine with the effect of
law. The Court can do no
less than accord it the same recognition, absent any sufficiently powerful
reason against so doing.
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