G.R. No. L-6025-26 - People vs. Herdez

Procedural History
Amado V. Hernandez was convicted by the Court of First Instance of Manila of rebellion “completed with multiple murder, arsons and robberies” and sentenced to life imprisonment.
Hernandez filed a petition for bail on December 28, 1953 (denied February 2, 1954), renewed it on June 26, 1954 and again on December 22, 1955, pending his appeal (G.R. Nos. L-6025-26).

Amended Information
The amended information charged Hernandez and co-accused, from about March 15, 1945 and continuously thereafter, with conspiring and cooperating as officers and members of the Congress of Labor Organizations (CLO) to promote armed rebellion against the Republic of the Philippines.
It alleged that, “as a necessary means to commit the crime of rebellion,” they committed overt acts of murder, arson, robbery, pillage, looting and destruction of private and public property to create fear and facilitate the insurrection.

Bailability
Whether Hernandez, already convicted and sentenced to life imprisonment, may be granted bail pending appeal under the constitutional guarantee of bail for noncapital offenses.

Complex Crime of Rebellion with Murder, Arson and Robbery
Whether, under Articles 134, 135 and 48 of the Revised Penal Code, rebellion can be complexed with murder, arson and robbery when those acts are alleged as “necessary means” to commit rebellion.
Whether murder, arson and robbery committed in furtherance of rebellion constitute separate crimes or merge into a single offense of simple rebellion.