PHILIPPINE SUPREME COURT JURISPRUDENCE

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EN BANC

G.R. No. L-6025     May 30, 1964

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. AMADO V. HERNANDEZ, ET AL., accused,
AMADO V. HERNANDEZ, ET AL., Defendants-Appellants.

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G.R. No. L-6026     May 30, 1964

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BAYANI ESPIRITU, ET AL., accused,
BAYANI ESPIRITU and TEOPISTA VALERIO, Defendants-Appellants.chanroblesvirtualawlibrary chanrobles virtual law library

LABRADOR, J.: chanrobles virtual law library

This is the appeal prosecuted by the defendants from the judgment rendered by the Court of First Instance of Manila, Hon. Agustin P. Montesa, presiding, in its Criminal Case No. 15841, People vs. Amado V. Hernandez, et al., and Criminal Case No. 15479, People vs. Bayani Espiritu, et al. In Criminal Case No. 15841 (G.R. No. L-6026) the charge is for Rebellion with Multiple Murder, Arsons and Robberies; the appellants are Amado V. Hernandez, Juan J. Cruz, Genaro de la Cruz, Amado Racanday, Fermin Rodillas and Julian Lumanog; Aquilino Bunsol, Adriano Samson and Andres Baisa, Jr. were among those sentenced in the judgment appealed from, but they have withdrawn their appeal. In Criminal Case No. 15479 (G.R. No. L-6026) the charge is for rebellion with murders, arsons and kidnappings; the accused are Bayani Espiritu Teopista Valerio and Andres Balsa, Jr.; they all appealed but Andres Balsa, Jr. withdrew his appeal.chanroblesvirtualawlibrary chanrobles virtual law library

The information filed against defendants Hernandez and others in Criminal Case No. 15481 alleged:

I. That on or about March 15, 1945, and for some time before the said date and continuously thereafter, until the present time, in the City of Manila, Philippines, and the place which they had chosen as the nerve center of all their rebellious activities in the different parts of the Philippines, the said accused, conspiring, confederating and cooperating with each other, as well as with the thirty-one (31) defendants charged in Criminal Cases Nos. 19071, 14082, 14270, 14315 and 14344 of the Court of First Instance of Manila (decided May 11, 1951) and also with others whose whereabouts and identities are still unknown, the said accused and their other co-conspirators, being then high ranking officers and/or members of, or otherwise affiliated with the Communist Party of the Philippines (P.K.P.), which is now actively engaged in an armed rebellion against the Government of the Philippines thru act theretofore committed and planned to be further committed in Manila and other places in the Philippines, and of which party the "Hukbong Mapagpalaya Ng Bayan"(H.M.B.) otherwise or formerly known as the "Hukbalahaps" (Huks), unlawfully and did then and there willfully, unlawfully and feloniously help, support, promote, maintain, cause, direct and/or command the "Hukbong Mapagpalaya Ng Bayan" (H.M.B.) or the "Hukbalahaps" (Huks) to rise publicly and take arms against the Republic of the Philippines, or otherwise participate in such armed public uprising, for the purpose of removing the territory of the Philippines from the allegiance to the government and laws thereof as in fact the said "Hukbong Mapagpalaya Ng Bayan" or "Hukbalahaps" have risen publicly and taken arms to attain the said purpose by then and there making armed raids, sorties and ambushes, attacks against police, constabulary and army detachments as well as innocent civilians, and as a necessary means to commit the crime of rebellion, in connection therewith and in furtherance thereof, have then and there committed acts of murder, pillage, looting, plunder, arson, and planned destruction of private and public property to create and spread chaos, disorder, terror, and fear so as to facilitate the accomplishment of the aforesaid purpose, as. follows, to wit: (Enumeration of thirteen attacks on government forces or civilians by Huks on May 6, 1946, August 6, 1946, April 10, 1947, May 9, 1947, August 19, 1947, June, 1946, April 28, 1949, August 25, 1950, August 26, 1950, August 25, 1950, September 12, 1950, March 28, 1950 and March 29, 1950.) chanrobles virtual law library

II. That during the period of time and under the same circumstances herein-above indicated the said accused in the above-entitled case, conspiring among themselves and with several others as aforesaid, willfully, unlawfully and feloniously organized, established, led and/or maintained the Congress of Labor Organizations (CLO), formerly known as the Committee on Labor Organizations (CLO), with central offices in Manila and chapters and affiliated or associated labor unions and other "mass organizations" in different places in the Philippines, as an active agency, organ, and instrumentality of the Communist Party of the Philippines (P.K.P.) and as such agency, organ, and instrumentality, to fully cooperate in, and synchronize its activities - as the CLO thus organized, established, led and/or maintained by the herein accused and their co-conspirators, has in fact fully cooperated in and synchronized its activities with the activities of the "Hukbong Mapagpalaya Ng Bayan" (H.M.B.) and other organs, agencies, and instrumentalities of the Communist Party of the Philippines (P.K.P.), to thereby assure, facilitate, and effect the complete and permanent success of the above-mentioned armed rebellion against the Government of the Philippines.

The information filed against the defendants in Criminal Case No. 15479, Bayani Espiritu Andres Baisa, Jr. and Teopista Valerio, alleges:

That on or about the 6th day of May, 1946, and for sometime prior and subsequent thereto and continuously up to the present time, in the City of Manila, the seat of the government of the Republic of the Philippines, which the herein accused have intended to overthrow, and the place chosen for that purpose as the nerve center of all their rebellious atrocities in the different parts of the country, the said accused being then high ranking officials and/or members of the Communist Party of the Philippines (P.K.P.) and/or of the "Hukbong Mapagpalaya Ng Bayan" (H.M.B.) otherwise or formerly known as the "Hukbalahaps" (HUKS), the latter being the armed forces of said Communist Party of the Philippines; having come to an agreement with the 29 of the 31 accused in Criminal Cases Nos. 14071, 14082, 14270, 14315, 14344 of the Court of First Instance of Manila and decided to commit the crime of rebellion, and therefore, conspiring and confederating with all of the 29 accused in said criminal cases, acting in accordance with their conspiracy and in furtherance thereof, together with many others whose whereabouts and identities are still unknown up to the filing of this information, and helping one another, did then and there willfully, unlawfully and feloniously promote maintain, cause, direct and/or command the "Hukbong Mapagpalaya Ng Bayan", (HMB) or the Hukbalahaps (HUKS) to rise publicly and take Arms against the Government or otherwise participate therein for the purpose of overthrowing the same, as in fact, the said "Hukbong Mapagpalaya Ng Bayan" or Hukbalahap (HUKS) have risen publicly and taken arms against the Government, by then and there making armed raids, sorties and ambushes, attacks against police, constabulary and army detachment, and as a necessary means to commit the crime of rebellion, in connection therewith and in furtherance thereof, by then and there committing wanton acts of murder, spoilage, looting, arson, kidnappings, planned destruction of private and public buildings, to create and spread terrorism in order to facilitate the accomplishment of the aforesaid purpose, as follows to wit: (Enumeration of thirteen attacks on Government forces or civilians by Huks on May 6, 1946. August 6, 1946, April 10, 1947, May 9, 1947, August 19, 1947, June 1946, April 28, 1949, August 25, 1950, August 26, 1950, August 25, 1950, September 12, 1950, March 28, 1950 and March 29, 1950).

A joint trial of both cases was held, after which the court rendered the decision subject of the present appeals.