PEOPLE V HERNANDEZ

Amado v hernadez (Soliman) associated with the Congress of Labor Organizations

(CLO) formerly known as the Committee on Labor Organization (CLO), an active
agency, organ, and instrumentality of the Communist Party of the Philippines (P.K.P.)
was charged and convicted of rebellion complexed with murders, arsons, and robberies.

The defense contends among other things, that rebellion can not be complexed with
murder, arson, or robbery.

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. If a crime usually regarded as common like
homicide, is perpetrated for the purpose of removing from the allegiance "to the
Government the territory of the Philippines Islands or any part thereof," then said
offense becomes stripped of its "common" complexion, inasmuch as, being part and
parcel of the crime of rebellion, the former acquires the political character of the latter

Thus, national, as well as international, laws and jurisprudence overwhelmingly

favor the proposition that common crimes, perpetrated in furtherance of a political
offense, are divested of their character as "common" offenses and assume the
political complexion of the main crime of which they are mere ingredients,
and, consequently, cannot be punished separately from the principal offense, or
complexed with the same, to justify the imposition of a graver penalty

Art 48

The main argument in support of the theory seeking to complex rebellion with
murder and other offenses is that "war" — within the purview of the laws on rebellion
and sedition — may be "waged" or "levied" without killing. This premise does not
warrant, however, the conclusion — drawn therefrom — that any killing done in
furtherance of a rebellion or sedition is independent therefrom, and may be complexed
therewith, upon the ground that destruction of human life is not indispensable to the
waging or levying of war.