LADLAD vs. VELASCO

G.R. No. 172070

June 1, 2007

FACTS:

Following the issuance by President Gloria Macapagal-Arroyo of Presidential Proclamation No. 1017 declaring a "State of National Emergency", police officers arrested Beltran without a warrant and the arresting officers did not inform Beltran of the crime for which he was arrested. On that evening, Beltran was subjected to an (first) inquest at the Quezon City Hall of Justice for Inciting to Sedition based on a speech Beltran allegedly gave during a rally in Quezon City on the occasion of the 20^th anniversary of the EDSA Revolution. 

A second inquest was conducted by the DOJ, this time for Rebellion. The inquest was based on two letters implicating Beltran, San Juan, and several others as "leaders and promoters" of an alleged foiled plot to overthrow the Arroyo government supposed to be carried out jointly by members of the Communist Party of the Philippines (CPP) and the Makabayang Kawal ng Pilipinas (MKP), which have formed a "tactical alliance."

The RTC indicted Beltran and San Juan as leaders/ promoters of Rebellion.

ISSUE:

Whether or not there is probable cause to indict Beltran for rebellion (NO)

HELD:

There is no probable cause to indict Beltran for rebellion.

Rebellion under Article 134 of the Revised Penal Code is committed – by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, or any body of land, naval, or other armed forces or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

Thus, by its nature, rebellion is a crime of the masses or multitudes involving crowd action done in furtherance of a political end.

None of the affidavits stated that Beltran committed specific acts of promoting, maintaining, or heading a rebellion. Beltran’s alleged presence during the 1992 CPP Plenum does not automatically make him a leader of a rebellion. Assuming that Beltran is a member of the CPP, which Beltran does not acknowledge, mere membership in the CPP does not constitute rebellion. Likewise, attendance in meetings to discuss plans to bring down a government is a mere preparatory step to commit the acts constituting Rebellion.

*The above case digest is only a guide. I highly recommend that you read the FULL TEXT.