People v Hernandez – GR L-6025, 30 May 1964

Issue:
1. Whether being a member of the Communist Party is considered as a criminal act of conspiracy to commit rebellion as defined in the law.
2. Whether being a member of the Hukbalahap is considered as a criminal act of conspiracy to commit rebellion as defined in the law.

Held:
1. No, Insofar as the appellant’s alleged activities as a Communist are concerned, We have not found, nor has any particular act on his part been pointed to Us, which would indicate that he had advocated action or the use of force in securing the ends of Communism. True it is, he had friends among the leaders of the Communist Party, and especially the heads of the rebellion, but this notwithstanding, evidence is wanting to show that he ever attended their meetings, or collaborated and conspired with said leaders in planning and encouraging the acts of rebellion, or advancing the cause thereof. Insofar as the furnishing of the mimeograph machine and clothes is concerned, it appears that he acted merely as an intermediary, who passed said machine and clothes on to others. It does not appear that he himself furnished funds or material help of his own to the members of the rebellion or to the forces of the rebellion in the field. Whether the fact that Hernandez delivered speeches of propaganda in favor of Communism and in favor of rebellion can be considered as a criminal act of conspiracy to commit rebellion as defined in the law. In this respect, the mere fact of his giving and rendering speeches favoring Communism would not make him guilty of conspiracy, because there was no evidence that the hearers of his speeches of propaganda then and there agreed to rise up in arms for the purpose of obtaining the overthrow of the democratic government as envisaged by the principles of Communism.

2. Yes, membership in the HMB (Hukbalahap) implies participation in an actual uprising or rebellion to secure, as the Huks pretend, the liberation of the peasants and laboring class from thraldom. By membership in the HMB, one already advocates uprising and the use of force, and by such membership he agrees or conspires that force be used to secure the ends of the party. Such membership, therefore, even if there is nothing more, renders the member guilty of conspiracy to commit rebellion punishable by law. And when a Huk member, not content with his membership, does anything to promote the ends of the rebellion like soliciting contributions, or acting as courier, he thereby becomes guilty of conspiracy, unless he takes to the field and joins in the rebellion or uprising, in which latter case he commits rebellion.