G.R. No.

L-14752 April 30, 1963

FRANCISCO R. CARIÑO, petitioner,

vs.
PEOPLE OF THE PHILIPPINES and THE HON. COURT OF APPEALS, (1st
Division), respondents.

Facts:
The petitioner allegedly acted as an accomplice of the Communist Party of the
Philippines who provided food and other supplies to the rebels per the request of his friend
who was a top leader of the organization. He was also approached by a member of the special
unit of CPP to aid in the conduct of loots and hold-ups to raise funds for the CPP. Francisco
also changed the money obtained from those loots into pesos and assisted in opening an
account in the bank where he works as a ranking employee.

Issue:
Whether or not the petitioner was an accomplice in the crime of rebellion by the
Communist Party of the Philippines (CPP).

Ruling:
No, Francisco was not an accomplice. The Supreme Court held that the
abovementioned acts of the appellant did not constitute acts of cooperation in the execution
of the act of overthrowing the government. If appellant's acts may be considered an indirect
help or aid in the rebellion, the same cannot constitute acts of uprising or rebellion.
In the case of People vs. Tamayo, SC held that the acts done by a person alleged as an
accomplice to a crime should be efficacious enough to help in the successful prosecution of
the crime of insurrection or rebellion so as to make him an accomplice therein The act of
sending food supplies does not prove intention to help him in committing rebellion. Neither is
the act of changing foreign money to pesos nor in helping rebels to open accounts, by
themselves show an intent or desire to participate or help in an uprising. Hence, since the
assistance extended by Francisco to the communists did not meet the condition stated in the
mentioned case, he was not proven as an accomplice by the CPPs.