Case Digest (G.R. No. 158830)
Facts:
The consolidated petitions in G.R. Nos. 93177, 96948, 95020 and 97454, decided on August 2, 1991 by the Supreme Court En Banc, arose from the December 1–9, 1989 failed coup d’état. The petitioners included AFP officers such as BGen. Jose Comendador, BGen. Marielo Blando, Ltc. Jacinto Ligot, and others. They were charged under Articles of War 67 (Mutiny), 94 (Various Crimes), 96 (Conduct Unbecoming an Officer), in relation to Article 248 of the Revised Penal Code (Murder). A Pre-Trial Investigation (PTI) Panel was constituted by Office Order No. 16 (Jan. 14, 1990) at Camp Crame, Quezon City, which subpoenaed the officers to present counter-affidavits. The accused failed to comply, prompting referral of the charges to General Court-Martial No. 14 via General Order No. M-6 “By Command of General De Villa.” In G.R. No. 93177, the officers sought certiorari, prohibition and mandamus to challenge the PTI proceedings and the constitution of GCM 14. In G.R. No. 96948, they additionallyCase Digest (G.R. No. 158830)
Facts:
- Consolidation and Parties
- Four consolidated cases (G.R. Nos. 93177, 95020, 96948, 97454) involving AFP and PNP officers.
- Charges: Violation of Articles of War 67 (Mutiny), 96 (Unbecoming Conduct), 94 (Various Crimes) in relation to Art. 248 RPC (Murder), arising from the December 1–9, 1989 failed coup.
- Proceedings in Each Case
- G.R. No. 93177 – Petitioners challenged:
- Legality of Pre-Trial Investigation (PTI) Panel procedures;
- Creation and composition of General Court-Martial No. 14 (GCM 14).
- G.R. No. 96948 – Petitioners contested:
- Validity of GCM 14’s composition;
- Denial of their peremptory challenge rights under Com. Act No. 408, Art. 18.
- G.R. No. 95020 – Ltc. Ligot’s bail application before GCM 14 was denied; he sought certiorari, mandamus, provisional liberty, and injunction from RTC Q.C. Branch 104.
- G.R. No. 97454 – Private respondents filed habeas corpus in RTC Q.C. Branch 86, secured orders for release on grounds of no formal charges after over a year.
- Pre-Trial Investigation and Court-Martial Actions
- PTI Panel subpoenas, scheduling of counter-affidavit submissions, motions for summary dismissal and reconsideration (all ultimately denied).
- GCM 14 convened by General Order No. M-6 “By Command of” Gen. De Villa; peremptory challenges disallowed under P.D. 39.
- Bail proceedings: GCM 14 denied bail; RTC granted provisional liberty to Ligot and intervenors, then ordered formal bail proceedings.
- Habeas corpus: RTC Solano ordered release for lack of charges; appeal ad cautelam filed by government, motion for reconsideration denied.
Issues:
- Whether the PTI Panel complied with due process and Art. 71, AW, and whether failure to submit counter-affidavits voided its actions.
- Whether GCM 14 was validly convened under Art. 8, AW, despite General Order No. M-6 not being personally signed by the Chief of Staff.
- Whether accused military officers retain the right to peremptory challenge under Art. 18, Com. Act 408, notwithstanding P.D. 39.
- Whether military officers facing court-martial have the constitutional right to bail under Art. III, Sec. 13, Constitution.
- Whether RTCs have jurisdiction to entertain certiorari, mandamus, and habeas corpus petitions affecting court-martial proceedings and to order release of military detainees.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)