Professional Documents
Culture Documents
Enrile argued that he is charged with a crime that does not exist in the statute
books so the it must be dismissed
SC: While technically correct so far as the Court has ruled that rebellion
may not be complexed with other offenses committed on the occasion
thereof, must therefore be dismissed as a mere flight of rhetoric.
o Read in the context of Hernandez, the information does indeed
charge the petitioner with a crime defined and punished by the
Revised Penal Code: simple rebellion.
Although the information stated that the crime is rebellion with murder
and multiple frustrated murder, it is still considered to fall under simple
rebellion and the murders etc. are its ingredients.
SC noted that: There is an apparent need to restructure the law on rebellion, either
to raise the penalty therefor or to clearly define and delimit the other offenses to
be considered as absorbed thereby, so that it cannot be conveniently utilized as the
umbrella for every sort of illegal activity undertaken in its name. The Court has no
power to effect such change, for it can only interpret the law as it stands at any
given time, and what is needed lies beyond interpretation. Hopefully, Congress will
perceive the need for promptly seizing the initiative in this matter, which is properly
within its province.