CRIM DIGESTS.docx - ENRILE vs AMIN FACTS Affidavits were executed by three(3 employees of the Silahis International Hotel who stated that the fugitive

CRIM DIGESTS.docx - ENRILE vs AMIN FACTS Affidavits were...

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ENRILE vs AMIN FACTS : Affidavits were executed by three (3) employees of the Silahis International Hotel who stated that the fugitive Col. Gregorio "Gringo" Honasan and some 100 rebel soldiers attended the mass and birthday party held at the residence of the petitioner in the evening of December 1, 1989. Col. Gregorio "Gringo" Honasan conferred with accused Senator Juan Ponce Enrile accompanied by about 100 fully armed rebel soldiers wearing white armed patches". ISSUE : whether or not the petitioner could be separately charged for violation of PD No. 1829 notwithstanding the rebellion case earlier filed against him. RULING : NO. The resolution of the above issue brings us anew to the case of People v. Hernandez doctrine. This doctrine is applicable in the case at bar. If a person cannot be charged with the complex crime of rebellion for the greater penalty to be applied, neither can he be charged separately for two (2) different offenses where one is a constitutive or component element or committed in furtherance of rebellion. As held in People v. Hernandez, supra: In short, political crimes are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose. The decisive factor is the intent or motive. (p. 536) Jurisprudence tells us that acts committed in furtherance of the rebellion though crimes in themselves are deemed absorbed in the one single crime of rebellion. In this case, the act of harboring or concealing Col. Honasan is clearly a mere component or ingredient of rebellion or an act done in furtherance of the rebellion. It cannot therefore be made the basis of a separate charge. If the act is committed with political or social motives, which are in furtherance of rebellion, then it should be deemed to form part of the crime of rebellion instead of being punished separately. POSADAS vs OMBUDSMAN FACTS : Venturina was killed in a rumble between his fraternity Sigma Rho and Scintilla Juris. Chancellor Posadas asked theNBI for assistance in determining the persons responsible for the crime. Chief Dizon and his men went to U.P. on the basis of the supposed positive identification of two eyewitnesses Lachica and Mangrobang and attempted to arrest Taparan and Narag as suspects. Petitioners objected on the ground that the NBI did not have warrants of arrest with them. Dizon filed a complaint charging with violation of P.D. 1829, which makes it unlawful for anyone to obstruct the apprehension and prosecution of criminal offenders. ISSUE : Whether there was probable cause for prosecuting petitioners for violation of P.D. No. 1829.
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RULING : No, there is no probable cause to charge plaintiffs of violating Section 1(c) of P.D. 1829. Probable cause is defined as "sufficient ground to engender a well founded belief that a crime cognizable by the court has been committed and that the respondents are probably guilty thereof and should be held for trial" (Section 1, Rule 12, Rules of Court). The absence of an
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