PEOPLE VS AMADO HERNANDEZ (99 PHIL 515)

1. What happened:
About March 15, 1945, Amado Hernandez and other appellants were accused of
conspiring, confederating and cooperating with each other, as well as with the thirty-one
(31) defendants charged in the criminal cases of the Court of First Instance of Manila.
They were accused of being members of PKP Community Party of the Philippines which
was actively engaged in an armed rebellion against the government of the Philippines.
With the party of HUKBALAHAP (Hukbo ng Bayan Laban sa mga Hapon), they
committed the crime of rebellion causing murder, pillage, looting plunder, etc.,
enumerated in 13 attacks on government forces or civilians by HUKS.
2. Crime Committed:
Rebellion with multiple murder, arsons and robberies
3. Contention of the State:
The government, headed by the Solicitor General, argued that the gravity of the
crime committed required the denial of bail. Moreover, the complex crime charged by the
government against Hernandez has been successfully imposed with other arrested
communist leaders and was sentenced to life imprisonment.
4. Contention of the Accused:
An appeal prosecuted by the defendants regarding the judgment rendered by the
CFI in Manila that rebellion cannot be a complex crime with murder, arson or robbery.
5. Ruling:
The court ruled that murder, arson, and robbery are mere ingredient of the crime
of rebellion as means necessary for the perpetration of the offense. Such common
offense is absorbed or inherent of the crime of rebellion. Inasmuch as the acts specified in
Article 135 constitutes, one single crime it follows that said acts offer no occasion for the
application of Article 48 which requires therefore the commission of at least two crimes.
*** HERNANDEZ DOCTRINE: Rebellion cannot be complexed with common
crimes such as killings, destruction of property, etc., committed on the occasion and in
furtherance thereof. The thinking is not anymore correct more so that there is no legal
basis for such rule now. Rebellion constitutes ONLY ONE CRIME. ***
Atanacio, Zinnia Valdez
Criminal Law 2
LLB-1 Special Section