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Habeas Corpus Right to Bail Rebellion SC Cannot Change Law

In February 1990, Sen Enrile was arrested. He was charged together with Mr. & Mrs. Panlilio, and
Honasan for the crime of rebellion with murder and multiple frustrated murder which allegedly
occurred during their failed coup attempt. Enrile was then brought to Camp Karingal. Enrile later filed
for the habeas corpus alleging that the crime being charged against him is nonexistent. That he
was charged with a criminal offense in an information for which no complaint was initially filed or
preliminary investigation was conducted, hence was denied due process; denied his right to bail; and
arrested and detained on the strength of a warrant issued without the judge who issued it first having
personally determined the existence of probable cause.
ISSUE: Whether or not the court should affirm the Hernandez ruling.
HELD: Enrile filed for habeas corpus because he was denied bail although ordinarily a charge of
rebellion would entitle one for bail. The crime of rebellion charged against him however is complexed
with murder and multiple frustrated murders the intention of the prosecution was to make rebellion
in its most serious form so as to make the penalty thereof in the maximum. The SC ruled that there
is no such crime as Rebellion with murder and multiple frustrated murder. What Enrile et al can
be charged of would be Simple Rebellion because other crimes such as murder or all those that may
be necessary to the commission of rebellion is absorbed hence he should be entitiled for bail. The
SC however noted that a petition for habeas corpus was not the proper remedy so as to avail of bail.
The proper step that should have been taken was for Enrile to file a petition to be admitted for bail.
He should have exhausted all other efforts before petitioning for habeas corpus. The Hernandez
ruling is still valid. All other crimes committed in carrying out rebellion are deemed absorbed. The SC
noted, however, that there may be a need to modify the rebellion law. Considering that the essence
of rebellion has been lost and that it is being used by a lo t of opportunists to attempt to grab power.

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