PONCE ENRILE VS. SALAZAR (G.R. NO.

92163)
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 .
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, State Prosecutor
Ferdinand R. Abesamis and Assistant City Prosecutor Eulogio Mananquil Jr., charging Senator
Enrile, the spouses Rebecco and Erlinda Panlilio, 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, 1990.
Senator Enrile was taken to and held overnight at the NBI headquarters on Taft Avenue,
Manila, without bail, none having been recommended in the information and none fixed in
the arrest warrant. The following morning, February 28, 1990, he was brought to Camp
Tomas Karingal in Quezon City where he was given over to the custody of the
Superintendent of the Northern Police District, Brig. Gen. Edgardo Dula Torres.
On the same date of February 28, 1990, Senator enrile, through counsel, filed a petition for
habeas corpus herein alleging that he was deprived of his constitutional rights.
Issue: whether or not the Hernandez doctrine be applied.
RULING:
Hernandez doctrine prohibits complexing of rebellion with any other offense. The rejection of
both options shapes and determines the primary ruling of the Court, which is that Hernandez
remains binding doctrine operating to prohibit the complexing of rebellion with any other
offense committed on the occasion thereof, either as a means necessary to its commission
or as an unintended effect of an activity that constitutes rebellion.
Gutierrez Jr Concurring: Rebellion consists of many acts; the crime of rebellion consists of
many acts. The dropping of one bomb cannot be isolated as a separate crime. of rebellion.
Neither should the dropping of one hundred bombs or the firing of thousands of machine
gun bullets be broken up into a hundred or thousands of separate offenses. The killing of
civilians during a rebel attack on military facilities furthers the rebellion and is part of the
rebellion.