(50) PP vs Hernandez (Amado), et.
al (51) Juan Ponce Enrile (JPE) vs Omar Amin (Presiding Judge of RTC Makati), et.al
MOTION/PETITION for bail pending appeal of the judgment of the CFI of Manila
FACTS:
Amado Hernandez, together with 12 other individuals as officers or members of, or otherwise associated with the
Congress of Labor Organizations (CLO) formerly known as the Committee on Labor. Organization (CLO), an
active instrumentality of the Communist Party of the Philippines (PKP.) was accused of the crime of rebellion with
multiple murder, arsons and robberies committed in March 1945 in the City of Manila.
CFI of Manila convicted the accused of rebellion complexed with murder, arsons and robbery and sentenced them to
life imprisonment.
1951 - Amado and friends were detained.
1953 - application to place bail to CFI Manila- DENIED; reasons: Safety purposes.
PKP actively cooperates and supports the activities of Hukbong Magpalayang Bayan (HMB) or HUKBALAHAP and
as necessary means to commit the crime of rebellion, in connection therewith and in furtherance thereof, have then
and there committed acts of murder, looting, plunder, arson, and planned destruction of private and public property.
Allegation
Prosecution:
Hernandez and friends were guilty of rebellion complexed with murders, arsons and robberies. Basis was
Art.48 of the RPC; "When a single act constitutes two or more grave or less grave felonies, or when an offense
is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the
same to be applied in its maximum period."
Defense:
Rebellion cannot be complexed with murder, arson, or robbery. Thus, accused were only liable for simple
rebellion.
ISSUE: WON accused-defendants may be allowed to bail.
SC HELD: Yes. Article 48 is not applicable.
Murders, arsons and robberies described therein are mere ingredients of the crime of rebellion allegedly committed
by said defendants, as means "necessary" for the perpetration of said offense of rebellion. The crime charged in the
abovementioned case should be simple rebellion, not the complex crime of rebellion with multiple murder,
arsons and robberies.
The maximum penalty imposable under such charge cannot exceed twelve (12) years of prision mayor and a fine
of P20,000 and that, in conformity with the policy of the Supreme Court in dealing with accused persons amenable to
a similar punishment, said defendant may be allowed to bail.
Political crimes are those directly aimed against the political order, as well as such common crimes as may be
committed to achieve a political purpose. The decisive factor is the intent or motive.
If a crime usually regarded as common, like homicide and murder, is perpetrated for the purpose of removing from the
allegiance "to the Government the territory of the Philippines Islands or any part thereof." then said offense becomes
stripped of its "common" complexion, inasmuch as, being part and parcel of the crime of rebellion, the former
acquires the political character of the latter.
FALLO:
Wherefore, the aforementioned motion for bail of defendantappellant Amado V. Hernandez is hereby granted
and, upon the filing of a bond, with sufficient sureties, in the sum of P30,000, and its approval by the court, let said
defendantappellant be provisionally released.
PETITION for CERTIORARI to review the decision of the Regional Trial Court of Makati
FACTS:
JPE was charged of rebellion complexed with murder (in RTC Quezon City) and violation of PD 1829 (in RTC
Makati) for harboring or concealing ExCol. Gregorio Gringo Honasan in his house at Dasmarinas Village Makati.
Petitioner filed an Omnibus Motion:
to hold in abeyance the issuance of a warrant of arrest pending personal determination by the court of
probable cause; and
to dismiss the case.
RTC Makati - DENIED the Omnibus Motion.
JPE filed an MR and Motion to Quash the Information filed against him because:
The facts charged do not constitute an offense;
The respondent courts finding of probable cause was devoid of factual and legal basis; and
The pending charge of rebellion complexed with murder and frustrated murder against Senator Enrile as
alleged coconspirator of Col. Honasan precludes the prosecution of JPE for harboring or concealing the
Colonel on the same occasion under PD 1829.
RTC Makati - DENIED the MR and Motion to Quash for lack of merit.
Thus, the above case was filed to SC.
ISSUES:
1 WON there was grave abuse of discretion and error in the denial of the MR by the RTC.
2 Pivotal Issue (dito umiikot ang kaso. HAHAH): WON the petitioner could be separately charged for violation of
PD No. 1829 notwithstanding the rebellion case earlier filed against him.
TRO against actions of the RTC Judge was first issued by the Supreme Court pending decision of the case for
Certiorari.
SC HELD:
1. RTC erred.
The prosecution must make up its mind whether to charge JPE with rebellion alone or to drop the rebellion case and
charge him with murder and multiple frustrated murder and also violation of P.D. 1829.
It cannot complex the rebellion with murder and multiple frustrated murders.
Neither can it prosecute him for rebellion in Quezon City and violation of P.D 1829 in Makati. It should be noted that
there is in fact a separate prosecution for rebellion already filed with the Regional Trial Court of Quezon City.
The prosecutions claim that separate cases may be filed because rebellion is under RPC and PD1829 is under a
special law is of no merit.
In such a case, the independent prosecution under PD 1829 cannot prosper
FALLO:
WHEREFORE, the petition is GRANTED. The Information in Criminal Case No. 90777 is QUASHED. The writ of
preliminary injunction, enjoining respondent Judges and their successors in Criminal Case No. 90777, Regional Trial
Court of Makati, from holding the arraignment of Sen. Juan Ponce Enrile and from conducting further proceedings
therein is made permanent. SO ORDERED.