Enrile vs Salazar

G.R. No. 92163

June 5, 1990

FACTS:
In February 1990, Senator Juan Ponce Enrile was arrested for the crime of rebellion with murder and
multiple frustrated murder. Judge Jaime Salazar issued the warrant of arrest. Said crime arose from the
failed coup attempts against then president Corazon Aquino. There was no bail set for Enrile due to the
seriousness of the crime charged against him. Enrile was then brought to Camp Karingal.

Contention of Enrile:
Enrile later filed a petition for habeas corpus questioning his detention and alleging that the crime being
charged against him is nonexistent. He insists that there is no such crime as rebellion with murder and
multiple frustrated murder. Enrile invoked the ruling in the landmark case of People vs Hernandez where
it was ruled that rebellion cannot be complexed with common crimes such as murder; as such, the proper
crime that should have been charged against him is simple rebellion – which is bailable.

ISSUE:
WON the court must abandon Hernandez doctrine (Rebellion can absorb other crimes).

HELD:
No, the said case is still good law. The Supreme Court also noted that there was actually a previous law
(P.D. 942) which sought to abandon the Hernandez doctrine. The said law provided that graver crimes
may not be complexed with rebellion. However, President Corazon Aquino repealed said law (by virtue of
the power granted to her by the 1986 Freedom Constitution). That being, the Hernandez doctrine, which
reflects the rebellion law under the Revised Penal Code, still stands. The courts cannot change this
because courts can only interpret laws. Only Congress can change the rebellion law (which the SC
suggested in order to strengthen the rebellion law). But as it stands, Enrile is correct, there is no such
crime as rebellion with murder. Common crimes such as murder are absorbed. He can only be charged
with rebellion – which is bailable.