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    Enrile v. Amin

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    Shiela Brown
    Senator Juan Ponce Enrile was charged with rebellion complexed with murder for his role in the 1989 coup attempt led by Gregorio Honasan. He was also charged separately with violating Presidential Decree 1829 for harboring Honasan at his house on December 1, 1989 instead of assisting in his arrest. The Supreme Court ruled that Enrile could not be charged separately for harboring Honasan, as that act was merely done in furtherance of the rebellion and was a component or ingredient of the rebellion charge he already faced. Under the doctrine that all crimes committed in furtherance of rebellion are absorbed by the rebellion charge, Enrile could not face separate prosecution for violating the decree.

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    Enrile v. Amin

    Uploaded by

    Shiela Brown
    60 views1 page
    Senator Juan Ponce Enrile was charged with rebellion complexed with murder for his role in the 1989 coup attempt led by Gregorio Honasan. He was also charged separately with violating Presidential Decree 1829 for harboring Honasan at his house on December 1, 1989 instead of assisting in his arrest. The Supreme Court ruled that Enrile could not be charged separately for harboring Honasan, as that act was merely done in furtherance of the rebellion and was a component or ingredient of the rebellion charge he already faced. Under the doctrine that all crimes committed in furtherance of rebellion are absorbed by the rebellion charge, Enrile could not face separate prosecution for violating the decree.

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    Senator Juan Ponce Enrile was charged with rebellion complexed with murder for his role in the 1989 coup attempt led by Gregorio Honasan. He was also charged separately with violating Presidential Decree 1829 for harboring Honasan at his house on December 1, 1989 instead of assisting in his arrest. The Supreme Court ruled that Enrile could not be charged separately for harboring Honasan, as that act was merely done in furtherance of the rebellion and was a component or ingredient of the rebellion charge he already faced. Under the doctrine that all crimes committed in furtherance of rebellion are absorbed by the rebellion charge, Enrile could not face separate prosecution for violating the decree.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views1 page

    Enrile v. Amin

    Uploaded by

    Shiela Brown
    Senator Juan Ponce Enrile was charged with rebellion complexed with murder for his role in the 1989 coup attempt led by Gregorio Honasan. He was also charged separately with violating Presidential Decree 1829 for harboring Honasan at his house on December 1, 1989 instead of assisting in his arrest. The Supreme Court ruled that Enrile could not be charged separately for harboring Honasan, as that act was merely done in furtherance of the rebellion and was a component or ingredient of the rebellion charge he already faced. Under the doctrine that all crimes committed in furtherance of rebellion are absorbed by the rebellion charge, Enrile could not face separate prosecution for violating the decree.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Ponce Enrile vs.

    Amin
    September 13, 1990, 189 SCRA 573

    Facts:

    An information was charged against Senator Juan Ponce Enrile for having
    committed rebellion complexed with murder with the Regional Trial Court
    of Quezon City. Another information was subsequently filed with the
    Regional Trial Court 9of Makati, charging the former with a violation of
    Presidential Decree No. 1829 for willfully and knowingly obstructing or
    delaying the apprehension of Ex. Lt. Col. Gregorio “Gringo” Honasan.

    Allegedly, Senator Enrile entertained and accommodated Col. Gringo


    Honasan by giving him food and comfort on December 1, 1989 in his
    house and not doing anything to have Honasan arrested or apprehended. It
    was the prosecution’s contention that harboring or concealing a fugitive is
    punishable under a special law while rebellion is based on Revised Penal
    Code; thus, the two crimes can be separately punished.

    Issue:

    Can a separate crime of a violation of PD 1829 be charged against the


    petitioner?

    Ruling:

    No. The Supreme Court used the doctrine that if a person cannot be
    charged with the complex crime of rebellion, he can neither be charged
    separately for two different offenses, where one is a constitutive or
    component element or committed in furtherance of rebellion.

    It was also noted that petitioner was already facing charges of rebellion in
    conspiracy with Honasan. Being in conspiracy thereof, the act of harboring
    or concealing Col. Honasan is clearly a mere component or ingredient of
    rebellion or an act done in furtherance of rebellion. It cannot be made the
    basis of a separate charge.

    Also, the High Court reiterated that in cases of rebellion, all crimes
    committed in furtherance thereof shall be absolved. Hence, the other charge
    of rebellion complexed with murder cannot prosper. All crimes, whether
    punishable under a special law or general law, which are mere components
    or ingredients, or committed in furtherance of rebellion, become absorbed
    and it cannot be charged as separate crimes.

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