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    Case Digest of People Vs Hernandez 99 Phil 515

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    Lord Jester Aguirre
    The document summarizes a case, People vs Hernandez, regarding whether rebellion can be complexed with murder, arson, and robbery. It finds that Amado Hernandez was the President of the Congress of Labor Organizations (CLO), which was connected to communist groups. While the CLO's purpose was indoctrination and preparation for uprising, not actual rebellion, Hernandez' refusal to go underground with the party after deciding to do so did not make him a rebel leader. Additionally, propaganda speeches in favor of communism alone do not prove conspiracy to commit rebellion. Membership in rebel groups like Hukbalahap was found to be criminal as it advocated uprising and force.

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    © All Rights Reserved
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    Case Digest of People Vs Hernandez 99 Phil 515

    Uploaded by

    Lord Jester Aguirre
    64 views2 pages
    The document summarizes a case, People vs Hernandez, regarding whether rebellion can be complexed with murder, arson, and robbery. It finds that Amado Hernandez was the President of the Congress of Labor Organizations (CLO), which was connected to communist groups. While the CLO's purpose was indoctrination and preparation for uprising, not actual rebellion, Hernandez' refusal to go underground with the party after deciding to do so did not make him a rebel leader. Additionally, propaganda speeches in favor of communism alone do not prove conspiracy to commit rebellion. Membership in rebel groups like Hukbalahap was found to be criminal as it advocated uprising and force.

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    Case digest of People vs Hernandez 99 Phil 515

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    Case digest of People vs Hernandez 99 Phil 515

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    The document summarizes a case, People vs Hernandez, regarding whether rebellion can be complexed with murder, arson, and robbery. It finds that Amado Hernandez was the President of the Congress of Labor Organizations (CLO), which was connected to communist groups. While the CLO's purpose was indoctrination and preparation for uprising, not actual rebellion, Hernandez' refusal to go underground with the party after deciding to do so did not make him a rebel leader. Additionally, propaganda speeches in favor of communism alone do not prove conspiracy to commit rebellion. Membership in rebel groups like Hukbalahap was found to be criminal as it advocated uprising and force.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    64 views2 pages

    Case Digest of People Vs Hernandez 99 Phil 515

    Uploaded by

    Lord Jester Aguirre
    The document summarizes a case, People vs Hernandez, regarding whether rebellion can be complexed with murder, arson, and robbery. It finds that Amado Hernandez was the President of the Congress of Labor Organizations (CLO), which was connected to communist groups. While the CLO's purpose was indoctrination and preparation for uprising, not actual rebellion, Hernandez' refusal to go underground with the party after deciding to do so did not make him a rebel leader. Additionally, propaganda speeches in favor of communism alone do not prove conspiracy to commit rebellion. Membership in rebel groups like Hukbalahap was found to be criminal as it advocated uprising and force.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    People vs Hernandez

    99 Phil 515

    Facts:

     Amado Hernandez and others are conspiring, confederating and cooperating with each other, as well as
    with the thirty-one (31) defendants is now actively engaged in an armed rebellion against the
    Government of the Philippines.
     Amado Hernandez is the President of The Congress of Labor Organizations (CLO), formerly known as the
    Committee on Labor Organizations (CLO) as an active agency, organ, and instrumentality of the
    Communist Party of the Philippines (P.K.P.) to fully cooperate in, and synchronize its activities
     The Court of First instances found out that Amado Hernandez is:
    (1) that he is a member of the Communist Party of the Philippines and as such had aliases, namely,
    Victor or Soliman;
    (2) that he was furnished copies of "Titis", a Communist publication, as well as other publications of
    the Party;
    (3) that he held the position of President of the Congress of Labor Organizations;
    (4) that he had close connections with the Secretariat of the Communist Party and held continuous
    communications with its leaders and its members;
    (5) that he furnished a mimeographing machine used by the Communist Party, as well as clothes and
    supplies for the military operations of the Huks;
    (6) that he had contacted well-known Communists coming to the Philippines and had gone abroad
    to the World Federation of Trade Unions conference Brussels, Belgium as a delegate of the CLO,
    etc. Evidence was also received by the court that Hernandez made various speeches encouraging
    the people to join in the Huk movement in the provinces.
     Amado Hernandez was then charged with and convicted of rebellion complexed with murders arsons and
    robberies
     Amado Hernandez that rebellion cannot be complexed with murder arson or robbery

    Issue:

     Whether or not the crime of rebellion can be complexed with murders, arsons and robberies

    Ruling:

    Rebellion; Congress of Labor Organization; Nature of and liability of its leader who refused to go underground.—
    The Congress of Labor Organization (CLO) had no function but that of indoctrination and preparation of the
    members for the uprising that would come. It was only a preparatory organization prior to a revolution, not the
    revolution itself. The leader of the CLO, therefore, cannot be considered as a leader in actual rebellion, where after
    the party had decided to go underground he refused to do so, preferring to engage in what they considered the
    legal battle for the cause. People vs. Hernandez, 11 SCRA 223, No. L-6025, No. L-6026 May 30, 1964

    Conspiracy to commit rebellion; Delivery of propaganda speeches in favor of communism not criminal.— The
    giving of speeches favoring Communism will not make the speaker guilty of conspiracy to commit rebellion in the
    absence of evidence that his audience then and there agreed to rise up in arms to overthrow the government

    Same; Membership in Hukbalahap (HMB) is criminal.—By membership in the HMB, one 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. Such membership, therefore, even if there is nothing more, renders the member guilty of
    conspiracy to commit rebellion.

    Degree of participation; When considered rebellion and when conspiracy.—When a Huk member, not content
    with his membership, does anything to promote the ends of the rebellion like soliciting contributions, or acting as
    courier, he thereby becomes guilty of conspiracy, unless he takes to the field and joins in the rebellion or uprising,,
    in which latter case he commits rebellion.

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