People vs.

Hernandez
Facts:
During the height of government action against communists and Hukbalahap, President
Elpidio Quirino through Defense Secretary Ramon Magsaysay ordered to intensify the
campaign against communist organizations. Pursuant to such order a number of communist
leaders, which includes Luis Taruc and the Lava brothers, were placed under the government
custody.
Amado V. Hernandez, a labor leader, was arrested for various rebellious activities with
Congress of Labor Organizations which was raided on January 20, 1951. Hernandez was
charged of Rebellion with murder, arson and robbery. Five years after his arrest,
Hernandez asked for a bail but was denied due to the nature of the crime. Hence, the
petition to the Supreme Court.
A joint trial of both cases was held.
Issue:
Whether or not the defendants-appelants are liable for the crime of conspiracy and proposal
to commit rebellion or insurrection under Art. 136 of the RPC?
Ruling:
The Supreme Court held 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.
Further the court mentioned that, the advocacy of Communism or Communistic theory and
principle is not to be considered as a criminal act of conspiracy unless transformed or
converted into an advocacy of action. In the very nature of things, mere advocacy of a
theory or principle is insufficient unless the communist advocates action, immediate and
positive, the actual agreement to start an uprising or rebellion or an agreement forged to
use force and violence in an uprising of the working class to overthrow constituted authority
and seize the reins of Government itself. Unless action is actually advocated or intended or
contemplated, the Communist is a mere theorist, merely holding belief in the supremacy of
the proletariat a Communist does not yet advocate the seizing of the reins of Government by
it. As a theorist the Communist is not yet actually considered as engaging in the criminal
field subject to punishment. Only when the Communist advocates action and actual uprising,
war or otherwise, does he become guilty of conspiracy to commit rebellion.