University of the Philippines College of Law

Block F2022

Topic Rebellion or Insurrection (Art. 134)

Case No. GR No. 92163/ June 5, 1990
Case
Enrile vs Salazar
Name
Ponente Narvasa, J.

RELEVANT 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 Quezon City RTC on account of an information filed charging Senator Enrile,
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-December 10, 1990.
● On that same date, Senator Enrile was taken to and held overnight at the NBI headquarters without bail,
even though it was not recommended in the information and not fixed in the arrest warrant. The following
morning, February 28, 1990, Enrile was brought to Camp Karingal where he was given over to the
custody of Brig. Gen. Edguardo Dula Torres.
● The Solicitor General argues that this case does not fall within the Hernadez ruling because the
information in Hernandez charged murders and other common crimes committed as a necessary means
for the commission of rebellion whereas the information against Senator Enrile charged murder and
frustrated murder committed on the occasion, but not in furtherance, of rebellion (that murder and
frustrated murder are not subsumed under the crime of rebellion).

ISSUES

1. w/n the Court should abandon or modify the Hernandez ruling (that rebellion absorbs all other offenses in its
course)

RATIO

1. No. There are three options that the Court can take:

(a) abandon the Hernandez ruling and adopt the minority view expressed in the dissent of
Justice Montemayor in said case that rebellion cannot absorb more serious crimes and that
under Article 48 of the RPC, rebellion may properly be complexed with common offenses, so-
called.

-on this option, the majority (11) voted against abandoning Hernandez. The ruling remains good
law, its substantive and logical bases have withstood all subsequent challenges nd no new ones are
presented here persuasive enough to warrant a complete reversal. President Corazon Aquino also,
exercising her powers under the 1986 Freedom Constitution, repealed PD No. 942 of former
President Marcos which precisely sought to nullify or neutralize the Hernandez ruling, thus
according the Hernandez ruling the same recognition.

(b) hold Hernandez applicable only to offenses committed in furtherance, or as a necessary

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Block F2022

means for the commission of rebellion, but not to acts committed in the course of a rebellion
which also constitute “common” crimes of grave or less grave character

-On this option, the Court unanimously voted to reject the theory that Hernandez should be limited
in its application to offenses committed as a necessary means for the commission of rebellion and
that other crimes should be punished separately if not done in the furtherance of rebellion. If
murder were not complexed with rebellion, and the two crimes were punished separately, the
extreme penalty could be imposed on defendant and it would be unfavorable to him. Article 48
was enacted for the purpose of favoring the culprit, not of sentencing him to a penalty more severe
than that which would be proper if the several acts performed by him were punished separately.

(c) Maintain Hernandez ruling as applying to make rebellion absorb all other offenses
committed in its course, whether or not necessary to its commission or in furtherance
thereof.

-The rejection of both options determines the primary ruling of the Court, which is that Hernandez
remains binding doctrine operating to prohibit 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.

RULING

The Court reiterates that based on the doctrine enunciated in People vs Hernandez, the questioned information
filed against petitioners Juan Ponce Enrile and the spouses Rebecco and Erlinda Panlilio must be read as
charging simple rebellion only, and not rebellion with murder and multiple frustrated murder as filed by the
prosecutors. Because they are charged only by simple rebellion, petitioners are entitled to bail before final
conviction and trial is remanded to the lower court.

Separate Opinions: (all other opinions concur with the decision, except this dissenting opinion)

Fernan, CJ: The numerous challenges to the doctrine enunciated in the case of People vs Hernandez
should at once demonstrate the need to redefine the applicability of said doctrine so as to make it
conformable with accepted and well-settled principles of criminal law and jurisprudence. In the instant
case, the court should have further considered the distinction between acts or offenses which are
indispensable in the commission of rebellion, on the one hand, and those acts or offenses that are
merely necessary but not indispensable in the commission of rebellion, on the other. A crime which is
indispensable in the commission of another must necessarily be an element of the latter; but a crime
that is merely necessary but not indispensable in the commission of another is not an element of the
latter, and if and when actually committed, brings the interlocking crimes within the operation of the
complex crime provision (Art 48) of the RPC.