People v. Hernandez
Encyclopedia
People of the Philippines v. Hernandez , 99 Phil. Rep 515 (1956), was a case decided by the Philippine Supreme Court
which held that the crime of rebellion under the Revised Penal Code of the Philippines
is charged as a single offense, and that it cannot be made into a complex crime. While it was decided on an almost divided opinion, it nevertheless became a stable doctrine in Philippine jurisprudence.
guerillas. President Elpidio Quirino, through his Defense Secretary (and later, President) Ramon Magsaysay intensified the campaign against them, and the crackdown was on against communist organizations. Due to such government action, several communist leaders like Luis Taruc
and the Lava brothers were soon in government custody.
On January 20, 1951, the Congress of Labor Organizations (CLO) headquarters was raided. Writer (and future National Artist for Literature
) Amado V. Hernandez, himself a labor leader, was arrested on January 26 for various rebellious activities with the CLO. Upon his arrest, he was charged in the criminal information of “Rebellion with Murder, Arson and Robbery”. Five years after his arrest, Hernandez asked for bail
with the court where his case was pending, but was denied on the basis of the nature of the offense (if the crime was complexed, the penalty for the most serious crime shall be imposed). Thus, he filed a petition to the Supreme Court.
, argued that the gravity of the crime committed required the denial of the bail. Moreover, the complex crime charged by the government against Hernandez has been successfully imposed with other arrested communist leaders and was sentenced to life imprisonment.
, ruled that rebellion cannot be complexed with other crimes, such as murder and arson. Rebellion in itself would include and absorb the said crimes, thus granting the accused his right to bail. Murder and arson are crimes inherent and concomitant when rebellion is taking place. Rebellion in the Revised Penal Code constitutes one single crime and that there is no reason to complex it with other crimes. As basis, the Court cited several cases convicting the defendants of simple rebellion although they killed several persons.
Thus, the petition for bail was granted. On May 30, 1964, the Supreme Court acquitted Hernandez (People v. Hernandez (1964)).
According to Justice J.B.L. Reyes, during the deliberations of the Hernandez case, Justice Sabino Padilla (who is the brother of the Solicitor General, Ambrosio Padilla
) openly accused Chief Justice Ricardo Paras
for being prejudiced against the Government and asking biased questions during the oral argument. Riled, Paras rebutted, and a heated exchange soon ensued between the Chief Justice and Padilla, which would have worsened had not they restrained themselves.
As of 1990, the Philippine Supreme Court again revisited the doctrine in Hernandez, where Juan Ponce Enrile
was similarly charged with the same offense as Hernandez. The Supreme Court upheld anew the Hernandez decision (Enrile v. Salazar (1990)), maintaining that it is still good law and applicable.
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
which held that the crime of rebellion under the Revised Penal Code of the Philippines
Revised Penal Code of the Philippines
The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No...
is charged as a single offense, and that it cannot be made into a complex crime. While it was decided on an almost divided opinion, it nevertheless became a stable doctrine in Philippine jurisprudence.
Facts
It was the height of the Government action against communists and the HukbalahapHukbalahap
The Hukbalahap , was the military arm of the Communist Party of the Philippines , formed in 1942 to fight the Japanese Empire's occupation of the Philippines during World War II. It fought a second war from 1946 to 1954 against the pro-Western leaders of their newly independent country...
guerillas. President Elpidio Quirino, through his Defense Secretary (and later, President) Ramon Magsaysay intensified the campaign against them, and the crackdown was on against communist organizations. Due to such government action, several communist leaders like Luis Taruc
Luis Taruc
Luis Taruc was a Filipino political figure and communist insurgent. He was the leader of the Hukbalahap rebel group between 1942 and 1954. His involvement with the movement came after his initiation to the problems of agrarian Filipinos when he was a student in the early 1930s...
and the Lava brothers were soon in government custody.
On January 20, 1951, the Congress of Labor Organizations (CLO) headquarters was raided. Writer (and future National Artist for Literature
National Artist of the Philippines
A National Artist of the Philippines is a title given to a Filipino who has been given the highest recognition for having made significant contributions to the development of Philippine arts...
) Amado V. Hernandez, himself a labor leader, was arrested on January 26 for various rebellious activities with the CLO. Upon his arrest, he was charged in the criminal information of “Rebellion with Murder, Arson and Robbery”. Five years after his arrest, Hernandez asked for bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
with the court where his case was pending, but was denied on the basis of the nature of the offense (if the crime was complexed, the penalty for the most serious crime shall be imposed). Thus, he filed a petition to the Supreme Court.
Arguments
The government, headed by Solicitor General Ambrosio PadillaAmbrosio Padilla
Ambrosio Bibby Padilla was a former Filipino basketball player and former elected member of the Senate of the Philippines. He was one of the most important figures in the Asian basketball development.Padilla was born as the eighth of eleven children of Dr. Nicanor Padilla and Ysabel Bibby...
, argued that the gravity of the crime committed required the denial of the bail. Moreover, the complex crime charged by the government against Hernandez has been successfully imposed with other arrested communist leaders and was sentenced to life imprisonment.
Decision
The Supreme Court, through then Associate Justice Roberto ConcepcionRoberto Concepcion
Roberto Concepción was the Chief Justice of the Philippines from June 17, 1966, until April 18, 1973. Apparently, he took a leave 50 days earlier from his scheduled mandatory retirement...
, ruled that rebellion cannot be complexed with other crimes, such as murder and arson. Rebellion in itself would include and absorb the said crimes, thus granting the accused his right to bail. Murder and arson are crimes inherent and concomitant when rebellion is taking place. Rebellion in the Revised Penal Code constitutes one single crime and that there is no reason to complex it with other crimes. As basis, the Court cited several cases convicting the defendants of simple rebellion although they killed several persons.
Thus, the petition for bail was granted. On May 30, 1964, the Supreme Court acquitted Hernandez (People v. Hernandez (1964)).
Legacy
The Court was divided upon the decision, having a vote of 6-4 (one justice died a month before its promulgation). But it was later on accepted as valuable jurisprudence, starting with the subsequent case of People of the Philippines v. Geronimo (100 Phil. Reports 90). The case is now a standard case study in Philippine law schools.According to Justice J.B.L. Reyes, during the deliberations of the Hernandez case, Justice Sabino Padilla (who is the brother of the Solicitor General, Ambrosio Padilla
Ambrosio Padilla
Ambrosio Bibby Padilla was a former Filipino basketball player and former elected member of the Senate of the Philippines. He was one of the most important figures in the Asian basketball development.Padilla was born as the eighth of eleven children of Dr. Nicanor Padilla and Ysabel Bibby...
) openly accused Chief Justice Ricardo Paras
Ricardo Paras
Ricardo Paras was the Chief Justice of the Philippines from April 2, 1951 until February 17, 1961.-Career:...
for being prejudiced against the Government and asking biased questions during the oral argument. Riled, Paras rebutted, and a heated exchange soon ensued between the Chief Justice and Padilla, which would have worsened had not they restrained themselves.
As of 1990, the Philippine Supreme Court again revisited the doctrine in Hernandez, where Juan Ponce Enrile
Juan Ponce Enrile
Juan Ponce Enrile is a Filipino politician. As a protege of President Ferdinand Marcos, he served as Justice Secretary and then Defense Secretary under the Marcos regime. He later became one of the leaders of the 1986 People Power Movement that drove Marcos from power...
was similarly charged with the same offense as Hernandez. The Supreme Court upheld anew the Hernandez decision (Enrile v. Salazar (1990)), maintaining that it is still good law and applicable.