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75_People v Hernandez

Amado Hernandez and several others were accused of the crime of rebellion with
multiple murder, arsons and robberies. They were convicted of the crime and sentenced
to suffer the penalty of life imprisonment.

Whether or not there is a complex crime of rebellion with murder.

NO. Under the allegations of the amended information, the murders, arsons and
robberies described therein are mere ingredients to the crime of rebellion allegedly
committed by said defendants as means “necessary” for the perpetration of said offense
of rebellion. The crime, therefore, is simple rebellion.

“It is true that treason and rebellion are distinct and different from each other. This does
not detract, however, from the rule that the ingredients of a crime form part and parcel
thereof, and, hence, are absorbed by the same and cannot be punished either
separately therefrom or by the application of Article 48 of the Revised Penal Code.
Besides there is more reason to apply said rule in the crime of rebellion than in that of
treason, for the law punishing rebellion (Article 135, Revised Penal Code) specifically
mentions the act of engaging in war and committing serious violence among its
essential elements — thus clearly indicating that everything done in the prosecution of
said war, as a means necessary therefor, is embraced therein — unlike the provision on
treason (Article 114, Revised Penal Code) which is less explicit thereon.”