ENRILE v SALAZAR Ponente: Narvasa, J.June 5, 1990Facts:•February 27, 1990- Senate Minority Floor Leader Juan PonceEnrile was arrested by officers led by Director Alfredo Lim on thestrength of a warrant issued by Hon. Jaime Salazar of the RegionalTrial Court of Quezon City. The warrant had issued on aninformation charging Senator Enrile, the spouses Rebecco andErlinda Panlilio, and Gregorio Honasan with the crime of rebellionwith murder and multiple frustrated murder allegedly committedduring the period of the failed coup attempt from November 29 toDecember 10, 1990.•Senator Enrile was taken to and held overnight at the NBIheadquarters without bail. The following morning, February 28,1990, he was brought to Camp Tomas Karingal in Quezon City. Onthe same date, Senator Enrile, through counsel, filed the petition forhabeas corpus. The Court issued the writ prayed for, returnableMarch 5, 1990 and set the plea for hearing on March 6, 1990.•The Solicitor General distinguished between the complex crime("delito complejo") arising from an offense being a necessary meansfor committing another, which is referred to in the second clause of  Article 48, Revised Penal Code, and is the subject of the Hernandezruling, and the compound crime ("delito compuesto") arising from asingle act constituting two or more grave or less grave offensesreferred to in the first clause of the same paragraph, with whichHernandez was not concerned and to which, therefore, it should notapply. Enrile and Co. were charged in the information on theoccasion , but not in furtherance, of rebellion. Hernandez rulingcharged murders and other common crimescommitted as anecessary means for the commission of rebellion.ISSUE:WON Hernandez ruling should still apply?WON the crime is rebellion?HELD:(1)YesCourt was given several options:(a) abandon Hernandez and adopt the minority view expressed inthe main dissent of Justice Montemayor in said case that rebellioncannot absorb more serious crimes, and that under Article 48 of theRevised Penal Code rebellion may properly be complexed withcommon offenses.(b) hold Hernandez applicable only to offenses committed infurtherance, or as a necessary means for the commission, of rebellion, but not to acts committed in the course of a rebellionwhich also constitute "common" crimes of grave or less gravecharacter;(c) maintain Hernandez as applying to make rebellion absorb allother offenses committed in its course, whether or not necessary toits commission or in furtherance thereof.- The majority held that the Hernandez ruling should apply especiallyconsidering that Art 48 should be favorable to the accused, and thusto rule that rebellion can be complexed with other crimes wouldtherefore result in a penalty that is higher than if he was chargedwith separate crimes.- Ratio - When two or more crimes are the result of a single act, theoffender is deemed less perverse than when he commits said crimesthru separate and distinct acts(2) Yes, although the information stated that the crime is rebellionwith murder and multiple frustrated murder, it is still considered tofall under simple rebellion and the murders etc are its ingredients. PEOPLE v HERNANDEZ[99 Phil 515 (1956)]Ponente:Concepcion, J.FACTS: 

Hernandez was arrested because as president of the Congress of Labor Relations (CLO) and a member of the Communist Party, he was alleged to be guilty of the crime of rebellion along with others. 5 years after his arrest, he requests for bail which was denied on the basis of the nature of the offense (since his crime was complex, the penalty for the most serious crime shall be imposed). He filed a petition to the Supreme Court. The prosecution maintains that Hernandez is charged with, and has been convicted of, rebellion complexed with murders, arsons and robberies, for which the capital punishment, it is claimed, may be imposed, although the lower court sentenced him merely to life imprisonment. Upon the other hand, the defense contends, among other things, that rebellion cannot be complexed with murder, arson, or robbery. Article 48 of the Revised Penal Codeprovides that:" When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period." It is obvious, from the language of this article, that the same presupposes the commission of two (2) or more crimes, and, hence, does not apply when the culprit is guilty of only one crime. Article 134of said code reads:" The crime of rebellion or insurrection 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.

ISSUE:

WON Hernandez can be charged of rebellion complexed with murder, arsons and robbery.HELD: NO. RATIO: 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 rebellionalthough they killed several persons .