Rebellion Can Now Be Complexed with Common Crimes
Rebellion can now be complexed with common crimes – killings, and/or destructions of property, even though committed by rebels in furtherance of rebellion, shall bring about complex crimes of rebellion with murder/homicide, or rebellion with robbery, or rebellion with arson.
Not long ago, Enrile v. Salazar, 86 SCRA 217, and People v. Hernandez, 99 Phil 515 affirmed the rule that rebellion may not be complexed with common crimes. However, in amending Article 135, the acts which used to be component crimes of rebellion, like serious acts of violence, have been deleted. These are now distinct crimes. The legal obstacle for the application of Article 48, therefore, has been removed.