People vs. Hernandez G.R. Nos.

L-6025-26 July 18, 1956 Facts: On or before March 15, 1945, Amado V. Henandez and other twelve men, officers or members of the Congress of Labor Organizations (CLO), cooperates and synchronizes its activities with the rebellious activities of the Hukbong Magpalayang Bayan, (H.M.B.) and other organs, agencies, and instrumentalities of the Communist Party of the Philippines (P.K.P.) to assure, facilitate, and effect the complete and permanent success of the armed rebellion against the Republic of the Philippines. To complete their rebellious act, the accused also perpetrate murders, arsons and robberies. Issue: Whether or not murder, arsons and robberies are necessary to commit rebellion. Held: The crime of rebellion is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, or of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. Murders, arsons and robberies are mere ingredients of rebellion and these are not necessary for the perpetration of the said offense.