People

vs. Hernandez (1964)

En Banc | Labrador, J.
FACTS
Appeal from the judgement of the CFI of Manila for charging defendant with Rebellion with Multiple Murder,
Arsons, and Robberies.

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Two cases a consolidated in this appeal with the facts as follows,

ANTECEDENT FACTS:
About sometime on March 15, 1945, accused and with other members of the Communist Party of the
Philippines (CPP) support, promote, maintain, cause and command the Hukbalahaps to take arms against
the Republic of the Philippines. The taking of arms gave rise to multiple armed raids, sorties, army
detachments, murder, pillage, plunder, arson, among others. The chaos it created accomplished 13 attacks
on government forces and/or civilians.

In the same vein, Hernandez conspired in organizing the Congress of Labor Organizations (CLO) which is
an agency and instrumentality of the CPP and thus also helped in the activities of the Hukbalahap in its
rebellion against the Government of the Philippines.

CFI found Hernandez (1) that he is a member of the CPP; (2) that he published Titis as well as other
publications of the CPP; (3) he held the position of President on CLO; (4) he had close connections to the
leaders and members of the Communist Party; (5) he purchased a mimeographing machine and supplied
clothes and other necessities for the rebels; and (6) been a delegate to numerous conference where he
held speeches encouraging people to join in the Hukbalahap movement.

CFI held Hernandez guilty of the crime of rebellion, Zinding out the nature of CLO with regards to CPP by
helping different factories for unions with an objective to create a revolutionary crisis impossible
demands, strike, and overthrow the government. He is sentenced a penalty of reclusion perpetua.

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With regards to the other appeal, which is the main issue of the case, CFI charged the defendants the
crime of Rebellion with multiple murder, arsons, and robberies. If the crime was complexed, the penalty
for the most serious crime shall be imposed.

ISSUES. HELD. RATIO

Whether or not Hernandez is guilty of rebellion. NO. The Court held that due to lack of evidence that proves
Hernandez is guilty, the Court absolve the penalty.

Whether or not the other defendants are guilty of the complex crime of rebellion. NO. Rebellions
cannot be complexed with other crimes, such as murder and arson. Rebellion in itself would include and
absorb the said crimes, thus granting the accused his right to bail. Murder and arson are crimes inherent
and concomitant when rebellion is taking place. Rebellion in the Revised Penal Code constitutes one
single crime and that there is no reason to complex it with other crimes. As basis, the Court cited several
cases convicting the defendants of simple rebellion although they killed several persons

DISPOSITIVE
GRANTED. Defendants charge is MODIFIED to crime of conspiracy to commit rebellion (RPC Art. 136)
and sentenced to suffer imprisonment for Zive years, four months and twenty-one days of prison
correccional, and to pay a Zine of Php 5,000.00, with subsidiary imprisonment in case of insolvency and to
pay their proportional share of the costs.