''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.Section 48 of the Penal Code, providing for penalties for complex crime, says that "when an offense is a necessary means to commit the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period." https://www.lawphil.net/judjuris/juri1947/jul1947/gr_l-1536_1947.html 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 Hukbalahap guerillas. President Elpidio Quirino, through his

Defense Secretary The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The s ...

(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 Mangalus Taruc (; June 21, 1913 – May 4, 2005) was a Filipino political figure and rebel during the agrarian unrest of the 1930s until the end of the Cold War. He was the leader of the Hukbalahap group (from ''Hukbong Bayan Laban sa ...

and the Lava brothers were soon in government custody. On January 20, 1951, the

Congress of Labor Organizations The Congress of Labor Organizations (CLO) was a trade union federation in the Philippines. It was formed in 1945 by Hukbalahap guerillas who had been members of the Collective Labor Movement. Its first president was Cipriano Cid of the Philippine ...

(CLO) headquarters was raided. Writer (and future National Artist for Literature)

Amado V. Hernandez Amado Vera Hernandez, commonly known as Amado V. Hernandez (September 13, 1903 – March 24, 1970), was a Filipino writer and labor leader who was known for his criticism of social injustices in the Philippines and was later imprisoned for h ...

, 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.

Arguments

The government, headed by Solicitor General

Ambrosio Padilla Ambrosio Bibby Padilla (December 7, 1910 – August 11, 1996The Philippine Daily Inquirer, In Loving Memory on the 7th Death Anniversary of Ambrosio Padilla', The Philippine Daily Inquirer, B.14 (11 augustus 2003)) was a Filipino basketball ...

, 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 Concepcion Roberto Reyes Concepcion (June 7, 1903 – May 3, 1987) was the Chief Justice of the Supreme Court of the Philippines from June 17, 1966 until April 18, 1973. He is remembered in the history of the Philippine Supreme Court for protecting the in ...

, 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 Jose Benedicto Luis Luna "J.B.L." Reyes (August 19, 1902 – December 27, 1994) was a noted Filipino jurist who served as Associate Justice of the Philippine Supreme Court from 1954 until 1972. After his retirement, Reyes became the first presi ...

, during the deliberations of the Hernandez case, Justice Sabino Padilla (who is the brother of the Solicitor General,

) openly accused Chief Justice

Ricardo Paras Ricardo Mercader Parás Jr. (February 17, 1891 – October 10, 1984) was the Chief Justice of the Supreme Court of the Philippines from April 2, 1951 until February 17, 1961. Career He earned his Bachelor of Laws degree from the University o ...

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 Valentin Furagganan Ponce Enrile Sr., (born Juanito Furagganan; February 14, 1924), also referred to by his initials JPE, or Manong Johnny, is a Filipino politician and lawyer known for his role in the administration of Philippine dicta ...

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. File:AmadoV.Hernandezjf1213.JPG, ''

'' Monument-Memorial ( Tondo, Manila) File:AmadoV.Hernandezjf1214.JPG, NHI Marker (in front of

Santo Niño de Tondo Parish Santo Niño de Tondo Parish, also known as Tondo Church, is a Roman Catholic church in Tondo, Manila established by the Augustinians. It houses an image of the Infant Jesus which originally came from Acapulco, Mexico and was handed over by a wea ...

) File:AmadoV.Hernandezjf1216.JPG, Sculpture of Hernandez File:AmadoV.Hernandezjf1217.JPG, Facade

References

{{Reflist * Agoncillo, Teodoro A. (1990). ''History of the Filipino People (8th edition)''. Garotech Publishing, Quezon City * Cruz, Isagani A. (2000). ''Res Gestae: A Brief History of the Supreme Court''. Rex Book Store, Manila * Reyes, Luis B. (2001). ''The Revised Penal Code: Criminal Law, Vol. 2''. Rex Book Store, Manila People v. Hernandez 1956 in case law 1956 in the Philippines Communism in the Philippines Rebellions in the Philippines