ENRILE v.

SALAZAR
Jun. 5, 1990 | Fernando, J. | Petition for Habeas Corpus |
PETITIONER: Juan Ponce Enrile
RESPONDENT: Jaime Salazar
SUMMARY: Senate Minority Floor Leader Juan Ponce Enrile was arrested by
law enforcement officers of the NBI on the strength of a warrant issued by Hon.
Jaime Salazar of the RTC Quezon Cit Branch 103. The warrant was based on an
information charging Senator Enrile with the crime of rebellion with murder and
multiple frustrated murder allegedly committed during the failed coup from
November 29 to December 10, 1990. Enrile was detained overnight at NBI
headquarters without bail. He was brough to Camp Tomas Karingal the next day.
Enrile, through counsel, filed the petition for habeas corpus alleging that he was
deprived of his constituitional rights.
DOCTRINE: (1) Art. 48 of the RPC: In a complex crime, wherein two or more
crimes are actually committed, they constitute only one crime in the eyes of the
law as a complex crime. (2) Based on People v. Hernandez, rebellion cannot be
complexed with common crimes.

FACTS:
1. Feb. 27, 1990 Senate Minority Floor Leader Juan Ponce Enrile was arrested
by law enforcement officers from the NBI under the strength of a warrant
issued by Hon. Jaime Salazer of the RTC QC Branch 103. (Criminl Case No.
9010941)
2. Feb. 27, 1990 The warrant was issued and based off an information signed by

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a panel of presecutors charging Senator Enrile, the spouses Rebecco and Erlina
Panlilio, and Gregorio Honasan with the crime of rebellion with murder and
multiple frustrated murder allegedly committed during the coup.
Feb. 27, 1990 Senator Enrile was taken to and held overnight at the NBI
headquarters, without bail.
Feb. 28, 1990 - Enrile was brought to Camp Tomas Karingal in Quezon City.
Feb. 28, 1990 Enrile, through counsel, files the petition for habeas corpus,
alleging that he was deprived of his constitutional rights.
Mar. 6, 1990 - Oral argument was held. Enrile and Panlilios were granted bail
upon surety bonds of Php 100,000 each.

ISSUE:
1. Whether or not Enrile has committed complex crimes (delito compleio); if
he had commited rebellion complexed with murder. NO.
2. Was Enrile charged with a crime that does not exist? YES.
RULING: Enrile is to be charged merely with simple rebellion.
RATIO:
1. In this case, Enrile did not commit rebellion and murder: according to Art. 48,
two crimes committed in an instance would be considered as one complex
crime; to add, rebellion cannot be complexed by common crimes according to
the Doctrine in People v. Hernandez, therefore, he is only to be charged with
simple rebellion. (Note that this was back in 1990, the doctrine of People v.
Hernandez is no longer true today.)