Case Summary (G.R. No. L-4164)
Petitioners
Juan Ponce Enrile; Rebecco E. Panlilio; Erlinda E. Panlilio—all detained without bail and seeking habeas corpus relief.
Respondents
Judge Jaime Salazar (RTC Quezon City, Branch 103); Senior State Prosecutor Aurelio C. Trampe; Prosecutor Ferdinand R. Abesamis; Asst. City Prosecutor Eulogio Mananquil; NBI Director Alfredo Lim; Brig. Gen. Edgardo D. Torres.
Key Dates
February 27, 1990 – Arrest of Enrile on warrant.
February 28, 1990 – Habeas corpus petition filed (supplemented March 2).
March 5–6, 1990 – Writ issued; plea heard; provisional bail set.
June 5, 1990 – En Banc decision.
Applicable Law
1987 Constitution (Bill of Rights: due process, bail); Revised Penal Code Article 48 (complex and compound crimes); Rule 117, Sec. 2 (motion to quash); Executive Order 187 (restoring pre-P.D. 942 Penal Code provisions).
Factual Background
On February 27, 1990 Enrile was arrested at the NBI on a warrant for rebellion with murder and multiple frustrated murder, based on an information filed by a panel of prosecutors. He was held overnight without bail, transferred to Camp Tomas Karingal on February 28, and detained under police custody.
Habeas Corpus Petition
Enrile (joined by the Panlilios) alleged: 1) the charged crime does not exist; 2) no complaint or preliminary investigation preceded the information; 3) bail was denied; and 4) the arrest warrant issued without personal judicial determination of probable cause.
Prosecution’s Complex-Compound Distinction
The Solicitor General argued Hernandez v. People should not apply because murders were charged “on the occasion” of rebellion (compound crime under Art. 48, Clause 1), not as necessary means (complex crime under Clause 2). Thus, rebellion could be complexed with other offenses.
Provisional Liberty Grant
On March 6 the Court granted provisional bail—P100,000 for Enrile, P200,000 for the Panlilios—without prejudice to a full resolution and without deciding substantive issues.
Deliberations on Hernandez Doctrine
Three proposals were considered: 1) abandon Hernandez (majority rejected); 2) limit it to necessary-means murders (unanimously rejected); 3) retain it as covering all offenses committed in rebellion’s course (adopted by majority). The President’s 1987 repeal of P.D. 942 (Art. 142-A) reinforced Hernandez’s binding force.
Charge as Simple Rebellion
Despite objectionable phrasing, the information must be read under Hernandez as charging simple rebellion, not rebellion complexed with murder. Thus an existing crime—rebellion—was charged.
Complaint and Preliminary Investigation
Record shows NBI filed an initial complaint and the prosecutor panel conducted a preliminary investigation before lodging the information; there was no due-process defect in proceeding without an earlier separate complaint.
Probable Cause Determination
Article III, Sec. 2 of the Constitution does not compel the judge to examine witnesses personally; it suffices that he evaluates the prosecutor
...continue readingCase Syllabus (G.R. No. L-4164)
Facts of the Case
- February 27, 1990: Senate Minority Leader Juan Ponce Enrile arrested at NBI headquarters, Manila, on bench warrant issued by RTC Quezon City (Br. 103).
- Charges in Criminal Case No. 90-10941: Rebellion with murder and multiple frustrated murder allegedly committed during failed coup (Nov. 29–Dec. 10, 1989).
- Arrest warrant based on information filed earlier that day by a panel of prosecutors Aurelio C. Trampe, Ferdinand R. Abesamis, and Eulogio Mananquil, Jr.
- Enrile held overnight at NBI without bail (none recommended or fixed); transferred Feb. 28, 1990 to custody of Brig. Gen. Edgardo Dula Torres at Camp Tomas Karingal.
- Same date: Petition for habeas corpus filed by Enrile (supplemented March 2, 1990), alleging:
• Charged with non-existent offense;
• Information filed without complaint or preliminary investigation;
• Denial of right to bail;
• Warrant issued without personal finding of probable cause by Judge.
Procedural History
- Supreme Court issued writ returnable March 5, 1990; plea set for hearing March 6.
- March 5: Solicitor General filed consolidated return for respondents in G.R. Nos. 92163 and 92164.
- March 6: Oral arguments; Court granted provisional liberty on posting of cash/surety bonds (P100,000 for Enrile; P200,000 for Panlilios)—without prejudice to further resolution.
- Four Members voted against bail for Enrile; two against bail for Panlilios; two Members were on leave.
Issues Presented
- Whether People vs. Hernandez (1956) doctrine should be:
- Abandoned in favor of minority view that rebellion may be complexed with other crimes;
- Limited to offenses committed as necessary means for rebellion;
- Retained as absorbing all offenses committed in course or on occasion of rebellion.
- Whether the information charges a valid offense.
- Whether complaint and preliminary investigation were required.
- Whether judge must personally examine witn