GUTIERREZ, JR., J., concurring:
I join the Court's decision to grant the petition. In reiterating the rule that under existing law rebellion may not be complexed with murder, the Court emphasizes that it cannot legislate a new-crime into existence nor prescribe a penalty for its commission. That function is exclusively for Congress.
I write this separate opinion to make clear how I view certain issues arising from these cases, especially on how the defective informations filed by the prosecutors should have been treated.
I agree with the ponente that a petition for habeas corpus is ordinarily not the proper procedure to assert the...
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