PEOPLE V. HERNANDEZ 99 Phil.

515

FACTS:
Amado HERNANDEZ5 (member of the CPP and President of the Congress of Labor Organizations) re-filed for
bail (previous one denied) for his conviction of rebellion complexed with murders, arsons and robberies. The
prosecution said to deny this again because the capital punishment may be imposed. The defense however contends
that rebellion cannot be complexed with murder, arson, or robbery. The information states that the “…murders, arsons
and robberies allegedly perpetrated by the accused “as a necessary means to commit the crime of rebellion, in
connection therewith and in furtherance thereof.”

ISSUE: WON rebellion can be complexed with murder, arson, or robbery.

Held:

NO. Under the allegations of the amended information, the murders, arsons and robberies described therein are mere
ingredients of the crime of rebellion allegedly committed by HERNANDEZ, as means “necessary” for the perpetration of
said offense of rebellion and that the crime charged in the amended information is, therefore, simple rebellion, not the
complex crime of rebellion with multiple murder, arsons and robberies. Under Article 1346 and 1357, these five (5)
classes of acts constitute only one offense, and no more, and are, altogether, subject to only one penalty. One of the
means by which rebellion may be committed, in the words of said Article 135, is by “engaging in war against the forces
of the government” and “committing serious violence” in the prosecution of said “war”. These expressions imply
everything that war connotes. Since Article 135 constitute only 1 crime, Article 48 doesn’t apply since it requires the
commission of at least 2 crimes.