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Alain

In: Philosophy and Psychology

Submitted By alainbesas
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People vs Hernandez
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

People vs Hernandez
G.R. No. L-6025
May 30, 1964

Facts:

This is the appeal prosecuted by the defendants from the judgment rendered by the Court of First Instance of Manila, Hon. Agustin P. Montesa, presiding, in its Criminal Case No. 15841, People vs. Amado V. Hernandez, et al., and Criminal Case No. 15479, People vs. Bayani Espiritu, et al. In Criminal Case No. 15841 (G.R. No. L-6026) the charge is for Rebellion with Multiple Murder, Arsons and Robberies. The appellants are Amado V. Hernandez, Juan J. Cruz, Genaro de la Cruz, Amado Racanday, Fermin Rodillas and Julian Lumanog; Aquilino Bunsol, Adriano Samson and Andres Baisa, Jr. were among those sentenced in the judgment appealed from, but they have withdrawn their appeal. In Criminal Case No. 15479 (G.R. No. L-6026) the charge is for rebellion with murders, arsons and kidnappings. The accused are Bayani Espiritu Teopista Valerio and Andres Balsa, Jr.; they all appealed but Andres Balsa, Jr. withdrew his appeal.

A joint trial of both cases was held, after which the court rendered the decision subject of the present appeals.

Issue:

Whether or not the defendants-appelants are liable for the crime of conspiracy and proposal to commit rebellion or insurrection under Art. 136 of the RPC?

Held:

The court found defendants-appellants Hernandez, member of the Communist Party of the Philippines, President of the Congress of Labor Organizations (CLO), had close connections with the Secretariat of the Communist Party and held continuous communications with its leaders and its members, and others, guilty as principal of the crime charged against him and sentenced him to suffer the penalty of reclusion perpetua with the accessories provided by law, and to pay the

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