People vs Cruz

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People vs Cruz
G.R. No. L-11870
October 16, 1961

Facts:

Appeal from a decision of the Court of First Instance of Rizal convicting appellants Paterno Cruz and Benito Cruz of "rebellion with robbery with homicide," and appellant Fermin Tolentino of "rebellion with arson, with murder and robbery." The penalty imposed upon appellants is being life imprisonment.

The appelants being then ranking officers and/or members of, or otherwise affiliated with the Communist Party of the Philippines and the "Hukbong Mapagpalaya Ng Bayan (HMB)" otherwise known as the Hukbalahap (HUK). Thus, they are armed force of said Communist Party, having come to an agreement and having decided to commit the crime of rebellion in different events and instances.

Issue:

Whether or not the appellants committed the crime of rebellion?

Held:

Yes. As stated in the brief for the Government, appellants herein are guilty of simple rebellion, inasmuch as the information alleges, and the records show that the acts imputed to them were performed as a means to commit the crime of rebellion and in furtherance thereof, although as Huk Commanders, appellants Benito Cruz and Fermin Tolentino fall under the first paragraph of Article 135 of the Revised Penal Code, which prescribes the penalty of prision mayor and a fine not exceeding P20,000, whereas appellant Paterno Cruz comes under the second paragraph of said article, which prescribes the penalty of prision mayor in its minimum period. Accordingly, the penalty meted out to appellants Benito Cruz and Fermin Tolentino should be reduced to ten (10) years of prision mayor, with the accessory penalties prescribed by law, and to pay each a fine of P10,000, and appellant Paterno Cruz should be sentenced to six (6) years, eight (8) months and one (1) day of prision mayor, with the accessory penalties prescribed by law.

The decision appealed from is hereby affirmed in all other respects, with the proportionate part of the costs against said appellants.


Case Digest by: cbcabalza2010