http://www.uberdigests.

info/2010/11/juan-ponce-enrile-vs-jaime-salazar/

JUAN PONCE ENRILE VS. JUDGE JAIME SALAZAR, ET AL., G.R.NO. 92163, June 5, 1990

G.R. No. 92163 – 186 SCRA 217 Political Law – Separation of Powers – SC

Cannot Change Law

Statutory Construction – The Court Can Only Interpret Laws

Criminal Law – Complex Crimes – Compound Crimes – Rebellion Absorbs

Common Crimes

Remedial Law – Criminal Procedure – Bail; When available

Constitutional Law – Warrant of Arrest – Judge Should Personally Determine

Probable Cause
The case is about Senator Juan Ponce Enrile who in 1990 was arrested for the crime of
rebellion with frustrated murder.
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 . 

ISSUE:

. Whether or not the Hernandez ruling should be abandoned.

- in the landmark case of People vs Hernandez- it was ruled that rebellion cannot be
complexed with common crimes such as murder;

. Whether or not Judge Salazar personally determined probable cause in the case at
bar.
- Yes. There is nothing irregular with the fact that Judge Salazar only took an hour and twenty minutes
to issue the warrant from the time the case was raffled to him despite the fact that the prosecution transmitted
quite a voluminous record from the preliminary investigation it conducted. It is sufficient that the judge follows
established procedure by personally evaluating the report and the supporting documents submitted by the
prosecutor. Just because Judge Salazar had what some might consider only a relatively brief period within which
to comply with that duty, gives no reason to assume that he had not, or could not have, so complied; nor does
that single circumstance suffice to overcome the legal presumption that official duty has been regularly

performed.