Carino v People

FRANCISCO R. CARIO
vs.
PEOPLE OF THE PHILIPPINES and THE HON. COURT OF APPEALS
April 30, 1963 En Banc Labrador, J.
DOCTRINE: In rebellion or insurrection, the RPC expressly declares that there must be a public uprising
and the taking up of arms. The act of giving aid and comfort is not criminal in rebellion unlike in treason.
FACTS:
- Accused was charged with rebellion for allegedly being in conspiracy with the other members of the
Communist Party, between the period from May 6, 1946 to September 12, 1950 for acts committed:
1) The ambush on May 6, 1946 of the 10th MPC Company in Barrio Sta. Monica, Aliaga, Nueva Ecija;
resulting in the death of 10 enlisted men; 2) The raid on August 6, 1946 of the Municipal Building of
Majayjay, Laguna; 3) The ambush on April 10, 1947 of 14 enlisted men in Barrio San Miguel na Munti,
Talavera, Nueva Ecija, during which Lt. Pablo Cruz and Pvt. Santiago Mercado were killed; 4) The raid on
the poblacion of Laur, Nueva Ecija of May 9, 1947; 5) The ambush on August 19, 1947 of a detachment
of the 155th Company, in San Miguel, Bulacan, killing two officers thereof; 6) The raid on Pantabangan,
Nueva Ecija of June 1946; 7) The ambush on April 25, 1947 of Mrs. Aurora Aragon Quezon and party at
Barrio Salubsob, Bongabon, Nueva Ecija, resulting in the death of said Mrs. Quezon and other members
of her party; 8) The raid on Camp Macabulos, Tarlac, Tarlac, on August 25, 1950; 9) The raid on Sta.
Cruz, Laguna, of August 26, 1950; 10) The raid on Arayat, Pampanga, of August 25, 1950; 11) The
seizure of September 12, 1950 of an army scout car in Barrio Mapalad, Arayat, Pampanga and the
murder of two TPs on the said occasion; 12) The attack on the headquarters of a PC detachment of
March 28, 1950, at Montalban, Rizal; and 13) The raid on San Pablo, Laguna, of March 29, 1950,
resulting in the death of Major Alikbusan of the government armed forces.
- He admitted the truthfulness of the said events but denied any participation.
- Accused is a good friend and a former high school classmate of Dr. Lava, a well-known Communist
leader. The latter has treated the family of the accused successfully and free of charge and is the
godfather of one of the children.
- 1946, nighttime: Lava arrived at their home and asked for shelter as he was being pursued by
politicians upon suspicion of his involvement in the killing of Mayor Roxas of Bulacan. He left early the
morning after.
- May 1949: A note from the Lava arrived asking for some cigarettes, powdered milk and canned goods.
The note was brought by a boy of 12 or 15 years, named Totoy, and through him the accused sent the
needed supplies. He was instructed to sign "Turko" all notes to be sent by him to Lava and to address
them to "Pinang" in order to conceal their respective identities.
- 1949 - April 1952: This exchange of notes between them and the furnishing of supplies and foodstuffs
by appellant to Dr. Lava lasted until the accused was arrested and detained.
- He also allegedly provided assistance to the Communist party as a ranking employee of the National
City Bank of New York when he was approached by a prominent member of a special unit of the
Communist Party, and delivered the amount of $6,000 to the treasurer of the communists. He also
assisted two top-level communists in opening current accounts in the National City Bank of New York
although their initial deposit was below P2,000, the minimum required by the bank. (However it was not
shown that the persons helped were known by appellant to be communist and the funds intended to
carry out the rebellion.)
- 1949: A spy, Florentino Diolata, heard him state that he was at the command of his comrades for any
assistance for the advancement and promotion of their common purpose at a banquet given by the
Communists in honor of Amado V. Hernandez