PEOPLE v.

HERNANDEZ
11 SCRA 223, MAY 30, 1964

FACTS

Amado Hernandez is the President of the Congress on Labor Organizations (CLO) and a
member of the Communist Party of the Philippines (CPP); the CLO is responsible for propagating
the principles of Communism to its laborers-members through lectures, meetings, and
organization of committees of education.

Hernandez made numerous speeches promoting the Communist movement and

derogating the government. Hernandez was then charged for the crime of conspiracy to commit
rebellion on the ground that he had conspired with the CPP, which had in turn conspired to commit
rebellion with the Hukbong Magpapalaya ng Bayan (HMB/Hukbalahap/Huk). Juan Cruz, Amado
Racanday, Genaro de la Cruz, Fermin Rodillas, Bayani Espiritu, and Teopista Valerio, members
of the the CPP, were also charged with the same crime under the same grounds; Julian Lumanog,
a member of both the CPP and the HMB, was similarly charged.

The said accused parties appealed the decision of the Court of First Instance finding them
guilty of rebellion on the ground that they have no connection to the rebellion.

o Hernandez: CLO is independent from CPP; merely made derogatory statements against
the government and spearheaded the indoctrination of the Communist movement and did
not take part in the rebellion

o Cruz: merely committed to the establishment of the dictatorship and proletariat and did
not take part in the rebellion

o Racanday and de la Cruz: received contributions from CPP before conspiracy to commit
rebellion was made

o Lumanog: joined the CPP believing that it was for the welfare of the laborers

o Rodillas: made solicitations to CPP during conspiracy but did not take part in the
rebellion

o Espiritu: had constant communication with the CPP and served as their courier after
conspiracy was made, but did not take part in the rebellion

o Valerio: served as Huk courier but did not take part in the rebellion

ISSUE

Whether or not Hernandez, Cruz, Racanday, de la Cruz, Lumanog, Rodillas, Espiritu, and Valerio
are guilty of conspiracy to commit rebellion

RULING

Hernandez, Cruz, Racanday, and de la Cruz are not guilty of conspiracy to commit
rebellion. The mere fact of giving and rendering speeches favoring a movement against the
government would not make one guilty of conspiracy because there was no evidence that the
hearers of Hernandez’s speeches of propaganda then and there agreed to rise up in arms against
the government. In this case, Hernandez merely rendered speeches without clear intent of having
his listeners agree to commit rebellion against the government. Thus, Hernandez is not a co-
conspirator of the rebellion. Cruz was proven to have absolutely no connection with the rebellion;
the same rule applies to Racanday and de la Cruz, and that they received the solicitations from
CPP before the conspiracy was made, thus not holding them liable as accessories to the
conspiracy.

On the other hand,Lumanog, Rodillas, Espiritu, and Valerio are guilty of conspiracy to
commit rebellion. Unlike membership in the CPP, membership in the HMB implies participation in
an actual uprising or rebellion because an HMB member already advocates uprising and the use
of force, and by such membership he agrees or conspires that force be used to secure the ends
of the party. In this case, Lumanog and Valerio, being members of the HMB, are presumed liable
for the conspiracy. By making solicitations after the conspiracy was made, Rodillas was charged
by the Court as a co-conspirator in the crime of conspiracy to commit rebellion. Serving as CPP’s
courier after the conspiracy was made, Espiritu is also found guilty of conspiracy to commit
rebellion

DECISION. Appeal partly granted. CFI decision modified.