G.R. No. L-8926; June 29, 1957
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDITO TOGONON, ET. AL., defendants-appellants.

FACTS

In 1952, the Provincial Fiscal of Iloilo filed an information in the Court of First Instance of Iloilo accusing 94 persons of the complex crime of “rebellion with multiple murder, arson, kidnapping, rape, robbery and physical injuries.” Only some of the accused were tried. Among those convicted were appellants Fernandito Togonon and Coronacion Chiva. The trial court found Togonon had joined the Huks, a group that had risen publicly and taken arms against the Government to remove its allegiance over Philippine territory. Specifically, Togonon participated in the killing of Juan and Abundio Dolinog, who were beheaded by Togonon (with their hands bound) for having denounced the Huks to the Philippine Constabulary. The trial judge, opining that rebellion cannot be complexed with murder, convicted Togonon of two separate offenses: simple rebellion and double murder, imposing separate penalties for each. Coronacion Chiva was found guilty only of simple rebellion and sentenced accordingly. Both appealed to the Court of Appeals, which certified the case to the Supreme Court, stating Togonon’s appeal raised a jurisdictional question and that Chiva’s case arose from the same occurrence. Togonon’s brief stated he was not appealing his rebellion conviction, only the murder conviction. The Solicitor General recommended convicting Togonon of the complex crime of rebellion with robbery and double murder.

ISSUE

The primary issue is whether the appellant Fernandito Togonon can be convicted separately for the crime of double murder, which was committed in furtherance of rebellion, or whether such acts are absorbed in the crime of rebellion. A secondary issue pertains to the conviction of Coronacion Chiva for simple rebellion and the applicable mitigating circumstances.

RULING

The Supreme Court modified the judgment of the lower court. Regarding Fernandito Togonon, the Court ruled that his conviction for double murder could not stand. Applying the doctrine established in People vs. Hernandez and People vs. Geronimo, the Court held that acts of violence described in Article 135 of the Revised Penal Code (such as murder), when committed as a means to or in furtherance of the subversive ends of rebellion described in Article 134, are absorbed in the crime of rebellion and cannot be penalized as distinct crimes. Therefore, Togonon could only be convicted of simple rebellion. The Court also noted the murder was committed outside the territorial jurisdiction of the trial court. Consequently, Togonon stands convicted only of simple rebellion and must suffer the corresponding penalty of 6 years and 1 day of prision mayor imposed by the lower court for that crime; his conviction for double murder is annulled and set aside. The Solicitor General’s recommendation to convict Togonon of a complex crime was rejected.
Regarding Coronacion Chiva, the Court affirmed her conviction for simple rebellion. Evidence from prosecution witnesses established she was with the Huks in the mountains, became an officer in their organization, collected supplies, and participated in activities to win people to the Huk cause. Her defense of being kidnapped was insufficient to negate her subsequent active participation. However, considering she did not take part in raids and the circumstances under which she joined the Huks, the Court found she was entitled to the mitigating circumstance of having no intention to commit so grave a wrong (paragraph 13, Revised Penal Code). This, together with the mitigating circumstance of voluntary surrender, entitled her to a penalty one degree lower. She was thus sentenced to 2 years, 4 months and 1 day of prision correccional and a fine of P5,000 for simple rebellion.