G.R. No.

L-11870 October 16, 1961

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
BENITO CRUZ, ET AL., defendants.
FERMIN TOLENTINO, BENITO CRUZ and PATERNO CRUZ, defendants-appellants

Facts:

In the evening of March 20, 1951, the Hardie Farm in the municipality of Antipolo, province of
Rizal, was raided by Huks or members of the "Hukbong Mapagpalaya ng Bayan" (HMB), the
armed force of the Communist Party of the Philippines, one of the aims of which is to overthrow
by force of arms the Government of the Philippines

RANSACKED THE PLACE, STOLE PROPERTIES, TIED THE HANDS OF HARDIE, KILLED
CAPUAN
After ransacking the place taking therefrom a typewriter and a radio set, as well as stationary,
clothings, foodstuffs and various other articles, the raiders tied the hands of John D. Hardie and
his foreman Donald Capuano and shot them to death, together with Mrs. Hardie.

BENITO CRUZ, lead the armed members of the "Hukbong Mapagpalaya Ng Bayan",
including PATERNO CRUZ as a member in such raid committed by them.

Benito Cruz further admitted having risen to the rank of Huk Commander and being known as
Commander Silang, with 12 men under him which was confirmed by Paterno Cruz in his
statement

Pablo Guinto a former Huk,, testified that he formed part of the band of Huks led by
FerminTolentino that attacked Culis, Hermosa, Bataan, on January 11, 1951; that a store was
looted on that occasion; that a Chinese was then shot and killed by Tolentino; that he (Guinto)
was likewise with the group of Huks, under the command of Fermin Tolentino,

Issue:

Whether or not the appellants are guilty with the crime of rebellion (yes)

Ruling:

GUILTY ONLY OF SIMPLE REBELLION

Appellants are guilty of simple rebellion, inasmuch as the information alleges, and the records
show that the acts imputed to them were performed as a means to commit the crime of rebellion
and in furtherance thereof, although as Huk Commanders, appellants Benito Cruz and Fermin.
BENITO 1ST PAR – LEADER, PATERNO 2ND PAR PARTICIPANT
Tolentino fall under the first paragraph of Article 135 of the Revised Penal Code, which
prescribes the penalty of prision mayor and a fine not exceeding P20,000, whereas appellant
Paterno Cruz comes under the second paragraph of said article, which prescribes the penalty of
prision mayor in its minimum period. Accordingly, the penalty meted out to appellants Benito
Cruz and Fermin Tolentino should be reduced to ten (10) years of prision mayor, with the
accessory penalties prescribed by law, and to pay each a fine of P10,000, and appellant
Paterno Cruz should be sentenced to six (6) years, eight (8) months and one (1) day of prision
mayor, with the accessory penalties prescribed by law.

Thus modified as to the designation of the crime committed and the penalties, the decision
appealed from is hereby affirmed in all other respects, with the proportionate part of the costs
against said appellants. It is so ordered.

Note:
First paragraph of Article 135 now prescribes the penalty of reclusion perpetua.
Second paragraph of Article 135 now prescribes the penalty of reclusion temporal.

Full Text

Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. L-11870 October 16, 1961

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
BENITO CRUZ, ET AL., defendants.
FERMIN TOLENTINO, BENITO CRUZ and PATERNO CRUZ, defendants-appellants.

Cipriano Manansala and Jose Lao for defendants-appellants.

Office of the Solicitor General for plaintiff-appellee.

CONCEPCION, J.:
Appeal from a decision of the Court of First Instance of Rizal convicting appellants Paterno Cruz
and Benito Cruz of "rebellion with robbery with homicide," and appellant Fermin Tolentino of
"rebellion with arson, with murder and robbery." The case is before us, the penalty imposed
upon appellants being life imprisonment.

On or about November 23, 1953, the Provincial Fiscal of Rizal filed with the Court of First
Instance of said province an information accusing said appellants, together with Elpidio Gantan
(alias Marco Polo, alias Acosta, alias Maralva), Domingo de la Torre (alias Meding, alias
Espiritu), Espiridion Salcedo (alias Lafredo), and Amado Sanchez Cruz (alias Enriquez) of the
"complex crime of rebellion, with multiple murder, robberies and arsons," allegedly committed as
follows:

That on or about May 28, 1946, and for sometime prior and subsequent thereto and
continuously up to the present time, in the province of Rizal, Philippines, and within the
jurisdiction of this Honorable Court and in other municipalities, cities and provinces and other
parts of the country where they have chosen to carry out their rebellious activities, the said
accused, being then ranking officers and/or members of, or otherwise affiliated with the
Communist Party of the Philippines and the "Hukbong Mapagpalaya Ng Bayan (HMB)"
otherwise known as the Hukbalahap (HUK), the latter being the armed force of said Communist
Party, having come to an agreement and having decided to commit the crime of rebellion, and,
thereby conspiring and confederating among themselves together with all of the 31 accused in
Criminal Cases Nos. 14071, 14082, 14270, 14315 and 14344 (Politburo Cases) in the Court of
First Instance of Manila, with other members, officers and/or affiliates of the Communist Party of
the Philippines and the "Hukbong Mapagpalaya Ng Bayan (HMB)" or HUKS and many others
whose identities and whereabouts are still unknown, acting in accordance with their conspiracy
and in the furtherance thereof, and mutually helping one another, did then and there willfully,
unlawfully and feloniously help, support, promote, direct and/or command the "Hukbong
Mapagpalaya Ng Bayan (HMB)" or the Hukbalahap (HUK) to rise publicly and take up arms
against the Government of the Republic of the Philippines, or otherwise participate in such
public uprising for the purpose of removing from the allegiance to the said government and laws
thereof, the territory of the Philippines or portion thereof, as in fact the said "Hukbong
Mapagpalaya Ng Bayan (HMB)" or the HUKS, pursuant to such conspiracy, have risen publicly
and taken up arms against the Government of the Republic of the Philippines to attain said
purpose by then and there making armed raids, sorties, ambushes and attacks against the
Philippine Constabulary, the Civilian Guards, the Police and Army patrols and other
detachments constituted and organized by the government of the Philippines, as well as upon
ordinary civilians, and as a necessary means to commit the crime of Rebellion in connection
therewith and in the furtherance thereof, have the and there committed wanton acts of murders,
pillages, lootings, plunders, arsons and planned destructions of private and public properties to
create and spread disorders, terrors, confusions, chaos and fear among the population and by
the use of force and intimidation, organized different barrio organizations to secure supplies and
materials for the support and maintenance of said uprisings, to wit:

That on or about March 20, 1951, at about 8:30 o'clock in the evening, in the municipality of
Antipolo, province of Rizal, the herein accused BENITO CRUZ, leading some armed members
of the "Hukbong Mapagpalaya Ng Bayan", including the accused herein PATERNO CRUZ, with
intent of gain and for the purpose of procuring supplies for their organization, entered the
residence of JOHN D. HARDIE, and with violence and intimidation upon the said JOHN D.
HARDIE, took and carried away therefrom personal properties of material values consisting of a
typewriter, a radio, several pieces of jewelry, books, clothings and other articles belonging to the
latter amounting to Five Thousand Pesos (P5,000.00), more or less, and that before leaving the
premises, the said BENITO CRUZ and PATERNO CRUZ, cooperating with one another and
with the other members of the "Hukbong Mapagpalaya Ng Bayan" present thereat, tied the
hands of JOHN D. HARDIE and DONALD CAPUANO and thereafter shot them to death
together with IRENE W. HARDIE.

II

That on March 21, 1951, in the municipality of Pililla, province of Rizal, some 70 armed
members of FC #32 of the "Hukbong Mapagpalaya Ng Bayan" led by Comdr. ROBERT, fought
the members of Co "D" of the 14th BCT, Armed Forces of the Philippines under Capt. Conrado
Cabague.

III

That on or about April 21, 1951, in the municipality of Moron, province of Bataan, the accused
FERMIN TOLENTINO, as the Commanding Officer of FC 25 of the 'Hukbong Mapagpalaya Ng
Bayan', leading some 70 armed members of the said organization, attacked, fired at and
engaged into a fight the officers and men of a detachment of the Armed Forces of the
Philippines, resulting to the deaths and injuries of some of the said officers and/or men, and that
during the same year, in the municipality of Hermosa, same province, the said accused
FERMIN TOLENTINO, with a group of armed Huks, attacked and engaged into a fight the
officers and men of another detachment of the Armed Forces of the Philippines thereat.

IV

That on or about November 15, 1952, in the municipality of San Mateo, province of Rizal, the
accused DOMINGO DELA TORRE and about 12 other armed men, all members of FC #46,
RECO #4, of the "Hukbong Mapagpalaya Ng Bayan", in support of and/or in furtherance of the
movement of the said organization to overthrow the established government of the Republic of
the Philippines, while soliciting food from civilians thereat, fought elements of the 7th BCT,
Armed Forces of the Philippines and the Civilian Commando Unit of Montalban, Rizal.

That on or about April 5, 1951, elements of the Armed Forces of the Philippines had an
encounter with about fifty (50) armed Huks under commander Silang at Sitio Malabayas,
Sampaloc, Tanay, Rizal, resulting in the death of one (1) Huk, (2) EM and wounding of another
enlisted man.

VI
That on or about December 11, 1951, elements of the Armed Forces of the Philippines had an
encounter with about fourteen (14) armed Huks under Commander Aladdin at Sitio Kaulanog,
Tanay, Rizal, resulting in the wounding of one (1) enlisted man.

VII

That on or about April 28, 1949, at kilometer #62 at Salubsob, in the municipality of Bongabong,
in the province of Nueva Ecija, an undetermined number of HMBs jointly led by Commanders
Viernes, Marzan, Lupo and Mulong, treacherously ambushed, assaulted, attacked and fired
upon the party of Mrs. Aurora A. Quezon and her PC escort, whom they considered as their
enemies, resulting in the death of Mrs. Aurora A. Quezon, Baby Quezon, Mayor Bernardo of
Quezon City, Maj. P. San Agustin, Lt. Lasam, Philip Buencamino III and several soldiers, and
injuries to General Jalandoni and Capt. Manalang.

VIII

That on or about August 25, 1950, in the municipality of Tarlac, in the province of Tarlac, an
undetermined number of armed HMBs, raided, assaulted and attacked Camp Makabulos and
set fire on the building and installations therein killing Maj. E. D. Orlino, Capt. E. D. Cruz, Lts.
Manacias, N. C. Tan, Eusebio Cabute, and several enlisted men, including Rosario Sotto, a Red
Cross Nurse.

IX

That on or about August 26, 1950, in the municipality of Sta. Cruz, in the province of Laguna,
about 100 armed HMBs with intent of gain and for the purpose of procuring supplies and other
materials for the support and maintenance of the HMB organization, forcibly brought the cashier
of the Provincial Treasury, Vicente Reventar, from his house to the Provincial Capitol and at the
point of guns, forced him to open the treasury vault and therefrom, took money amounting to
more than P80,000.00 consisting of different denomination including 50—, 100—, and 500
pesos bills. On this same occasion, these dissidents took and carried away typewriters and
other office supplies belonging to the Republic of the Philippines, which they found in the
Provincial Capitol building, and also burned and looted private buildings in the said municipality.

That in the various municipalities of Rizal and other provinces throughout the Philippines, the
leaders, members and affiliates of the Communist Party of the Philippines and those of the
"Hukbong Mapagpalaya Ng Bayan" have committed similar acts of murders, arsons and
kidnappings.

It appears that in the evening of March 20, 1951, the Hardie Farm in the municipality of Antipolo,
province of Rizal, was raided by Huks or members of the "Hukbong Mapagpalaya ng Bayan"
(HMB), the armed force of the Communist Party of the Philippines, one of the aims of which is to
overthrow by force of arms the Government of the Philippines. After ransacking the place taking
therefrom a typewriter and a radio set, as well as stationary, clothings, foodstuffs and various
other articles, the raiders tied the hands of John D. Hardie and his foreman Donald Capuano
and shot them to death, together with Mrs. Hardie. Late that month, a combat patrol led by Capt.
Conrado M. Cabagui of the 14th BCT, with the assistance of one Tomas Timbresa, as guide,
located a Huk camp in the Sierra Madre Mountains. The agents of the law attacked and
captured the camp, in which they found, among other objects, the radio set and the typewriter,
Exhibits A and B, taken by the dissidents from the Hardies.

Moreover, on July 26, 1951, appellants Paterno Cruz and Benito Cruz, who are brothers, were
apprehended in the barrio of San Rafael, Montalban, Rizal, together with several other persons,
by a group of soldiers, under the command of Capt. Jose Carandang, 19th BCT. Upon
investigation, said appellants made the affidavits Exhibits V, X, AA and Y in which they admitted
being Huks. Benito Cruz further admitted having risen to the rank of Huk Commander and being
known as Commander Silang, with 12 men under him which was confirmed by Paterno Cruz in
his statement Exhibit Y. Moreover, Benito Cruz and some of his men indicated the place in the
mountain where — as they allegedly defected from the HMB — they hid their arms, which were,
accordingly recovered by the authorities. Again, Nicolas Lipunan and Tomas Timbresa testified
that they were formerly members of the HMB; that, as such, they were detailed as "cargadores"
to transport the goods and effects looted from the Hardie Farm, when it was raided by the Huks
on March 20, 1951; that Benito Cruz and Paterno Cruz participated in said raid as members of
the HMB; and that (according to Lipunan) Benito Cruz was one of the three (3) Huks who shot
Mr. and Mrs. Hardie, and their manager Donald Capuano.

Benito Cruz and Paterno Cruz claimed, however, to have made and signed their
aforementioned affidavits (Exhibits X and Y) under duress. Furthermore, Paterno Cruz denied
having participated in the raid of the Hardie Farm or having any knowledge about the Huks.
Said appellants, likewise, introduced the testimony of several residents of Montalban who
vouchsafed for them as peaceful and law abiding citizens.

His Honor, the Trial Judge, found this evidence insufficient to offset the "overwhelming evidence
for the prosecution including the confession" of said appellants. Indeed, the latter did not identify
the soldiers that allegedly maltreated them and they showed no visible signs of maltreatment,
apart from the fact that their aforementioned affidavits contain some exculpatory statements
which are inconsistent with the allegation of duress. Besides, nothing in the records before us
indicate a possible motive for any of the witnesses for the prosecution to falsely inculpate
appellants Benito Cruz and Paterno Cruz. In short, we find no justification whatsoever for
disturbing the conclusion reached on the lower court with respect to the participation of Benito
Cruz and Paterno Cruz in the aforementioned raid of the Hardie Farm.

Upon the other hand, appellant Fermin Tolentino admitted being a Huk, although he denied
having held any rank or responsible position in the organization or having adopted the name
"Commander Caviteño." Furthermore, Onofre de Jesus — a member of the HMB from 1943 to
1953 when he surrendered, who had held responsible positions in the organization until he
became commanding officer of FC-23 — testified that Tolentino had been Commanding Officer
(CO), of the Flying Squad of FC-18 in 1948, CO of the Security Force under Linda Bie in 1949,
CO of FC-25 in 1950, G-3 of FC-25 in 1951 and again CO of FC-25 in 1952; that during the raid
of Orani, Bataan, on January 5, 1949, by the Huks, Tolentino was one of the officers who
ordered the burning of houses therein; and that said appellant took part, also, in the Huk attack
at Camp Makabulos, Tarlac, in August, 1950.
Similarly, Pablo Guinto, another former Huk, whose wife is Tolentino's aunt, testified that he
(Guinto) formed part of the band of Huks led by Tolentino that attacked Culis, Hermosa, Bataan,
on January 11, 1951; that a store was looted on that occasion; that a Chinese was then shot
and killed by Tolentino; that he (Guinto) was likewise with the group of Huks, under the
command of Tolentino, that raided Orani sometime in 1948 or 1949, Morong, Rizal, on April 21,
1951, and Hermosa, Bataan on December 2, 1951; and that Tolentino was the person
responsible for the killing of one Valeriano and his son in the raid of Hermosa.

Again, Capt. Julio Dimagiba, commander of the detachment stationed at Dinalupihan, Bataan, in
August, 1949, related how he recovered the dead bodies of Baldomero Simbulan, Antonio Cruz
and an unidentified hunchback, who were victims of the Huk attack in said municipality on
August 23, 1949, and found each corpse with a tag reading "Ako ang pumatay, Commander
Caviteño," the alias of appellant Tolentino, who was apprehended at an army check point in
Grace Park, Caloocan, Rizal, on May 27, 1953. He then had a gunshot wound on the breast,
and tried, at first, to hide his identity by giving a name different from his. Upon investigation, he
later confessed to having been a Huk and made the statements Exhibits BB, CC, HH, II and JJ,
in which he admitted having been the Commanding Officer of FC-25 and being known as
Commander Caviteño. While under detention, in connection with this case, he escaped, but was
recaptured somewhere in Pampanga.

During the trial, he testified that members of the army had maltreated him and then forced him
to sign several statements. Besides, he denied the inscription found in the tags aforementioned,
as well as having assumed the "alias Commander Caviteño" or having been with any raiding
party of the HMB. Lauro David and Remigio Soliman were, also, placed on the witness stand by
appellant Tolentino, to corroborate the latter part of his testimony.

Commenting thereon, the lower court had the following to say:

The denial and explanation proffered by the accused and his witnesses cannot prevail over the
clear and positive testimony of the State witnesses regarding his role in the several raids staged
by the HUKs in the province of Bataan, but more particularly in the Makabulos massacre. On
top of all these, the record is replete with at least eight confessions made by the accused
Fermin Tolentino on separate occasions. In Exhibit "BB" taken by Sgt. Rejualos on May 27,
1953 and interpreted by Sgt. Quiambao, the accused declared that he joined the HMB as a
private, then promoted to squad leader and later to staff officer, G-3 until he became
commander of FC No. 25, Reco 2 from October, 1952 to December of the same year; that he
was armed with a revolver, caliber 38; that his men were armed with thirty Garands and
automatic carbines. Three days later, he gave another statement Exhibit "00" before Atty. Jose
de la Fuente wherein he explained how his unit operated in ambushing the enemy; that during
his membership, FC No. 25 had an encounter at Moron, Bataan in 1950 and at Pajo between
Zambales and Bataan in 1951; that FC No. 25 had 100 men or 12 squads with Bataan as the
area of operation. On June 3, 1953 the accused gave another statement, Exhibit "PP", wherein
he admitted having joined the HMB as member in 1946 at Lubao, Pampanga; that his reason for
joining was his disgust at his father's refusal to allow him to go to places like Manila; that he
began his career under Commander Alexander of FC No. 18 (converted into FC No. 25). On
July 14, 1953, he gave another statement, Exhibit "HH", before Lt. Estoque and interpreted by
Roque Lapuz wherein he recounted offices held, the encounters mentioned in Exhibits "BB" and
"OO" and added that in 1950, he studied two months in Reco 2 under Linda Bie as instructor;
that he was G-3 of FC No. 25 from July, 1951 to August, 1952. He reiterated his previous
statements in another confession on August 18, 1953, Exhibit "II".

We are fully in accord with this view. Needless to say, apart from his bare testimony, appellant
Tolentino has not introduced any evidence on his alleged maltreatment by agents of the law,
aside from the fact that the same is refuted by the exculpatory details contained in his
aforementioned statements.

As stated in the brief for the Government, appellants herein are guilty of simple rebellion
(People vs. Nava, L-9483, January 30, 1960; People vs. Hernandez, 52 Off. Gaz., 4612),
inasmuch as the information alleges, and the records show that the acts imputed to them were
performed as a means to commit the crime of rebellion and in furtherance thereof, although as
Huk Commanders, appellants Benito Cruz and Fermin Tolentino fall under the first paragraph of
Article 135 of the Revised Penal Code, which prescribes the penalty of prision mayor and a fine
not exceeding P20,000, whereas appellant Paterno Cruz comes under the second paragraph of
said article, which prescribes the penalty of prision mayor in its minimum period. Accordingly,
the penalty meted out to appellants Benito Cruz and Fermin Tolentino should be reduced to ten
(10) years of prision mayor, with the accessory penalties prescribed by law, and to pay each a
fine of P10,000, and appellant Paterno Cruz should be sentenced to six (6) years, eight (8)
months and one (1) day of prision mayor, with the accessory penalties prescribed by law.

Thus modified as to the designation of the crime committed and the penalties, the decision
appealed from is hereby affirmed in all other respects, with the proportionate part of the costs
against said appellants. It is so ordered.

Bengzon, C.J., Bautista Angelo, Labrador, Reyes, J.B.L., Paredes and De Leon, JJ., concur.

Separate Opinions

PADILLA, J., dissenting.

I dissent on the point of law only for the reasons stated in my concurring and dissenting opinion
in the case of People vs. Geronimo, 53 Off. Gaz., 68, 92.

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