Sunday, October 9, 2022

Political crimes



"IT is important to parse out the DISTINCTION made by the Court between TERRORISM and POLITICAL CRIMES. The Philippine jurisdiction and its penal laws have consistently made a DISTINCTION between “POLITICAL CRIMES” and COMMON CRIMES. The former are aimed at achieving a POLITICAL PURPOSE AGAINST A POLITICAL ORDER. Under the doctrine of PEOPLE V. HERNANDEZ, common crimes which are perpetrated in furtherance of the political offense, say rebellion, “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 COMPLEXES WITH THE SAME, to justify the imposition of a graver penalty (PEOPLE v. HERNANDEZ , cited in Satur Ocampo v. Hon. Elhrem Abando, et.al.).” An act like killing is not a common crime like homicide or murder if it is COMMITTED IN FURTHERANCE OF REBELLION. The killing ASSUMES THE POLITICAL COMPLEXION OF REBELLION and becomes a MERE INGREDIENT OF THE REBELLION. The accused CAN ONLY BE PROSECUTED FOR THE POLITICAL CRIME, THE REBELLION."

READ - https://www.rappler.com/voices/thought-leaders/opinion-dark-shadow-anti-terror-act/

JURISPRUDENCE -

EN BANC
G.R. No. L-6025
May 30, 1964

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
AMADO V. HERNANDEZ, ET AL., accused. 

G.R. No. L-6026
May 30, 1964
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
BAYANI ESPIRITU, ET AL., accused. 

https://lawphil.net/judjuris/juri1964/may1964/gr_l-6025_1964.html