Case Digest (G.R. No. 65192)
Facts:
In Rodolfo Dela Cruz v. Hon. Felix L. Moya and People of the Philippines, G.R. No. L-65192, decided on April 27, 1988 under the 1987 Constitution, petitioner Rodolfo Dela Cruz, then a member of the Armed Forces of the Philippines assigned to the Intelligence and Operations Section of the 432nd PC Company, was ordered on February 23, 1979 to proceed to Barangay Pangi, Maco, Sto. Tomas, Davao del Norte to verify and apprehend persons engaged in alleged illegal cockfighting. Dela Cruz and his companions apprehended the operators in flagrante but, upon resistance, withdrew to their headquarters taking with them evidence (fighting cocks and gaffs). The operators, including Eusebio Cabilto, pursued them along the Tagum-Mati National Highway, where a scuffle ensued and Dela Cruz shot and killed Cabilto. On August 2, 1979, the Provincial Fiscal filed an information for homicide against Dela Cruz in the Court of First Instance of Davao (Criminal Case No. 40080). While the case was pendinCase Digest (G.R. No. 65192)
Facts:
- Background and Assignment
- On February 23, 1979, petitioner Rodolfo Dela Cruz, a Philippine Constabulary (PC) member assigned to the Intelligence and Operations Section of the 432nd PC Company, received Mission Order No. 7 to proceed to Barangay Pangi, Maco, Sto. Tomas, Davao.
- The purpose of the mission was to verify and apprehend persons allegedly engaged in illegal cockfighting.
- Apprehension and Incident
- Dela Cruz and his men caught the operators in flagrante and seized fighting cocks and gaffs as evidence. The operators resisted arrest, prompting the soldiers to withdraw to PC headquarters with the evidence.
- Pursued by the operators, the PC contingent was overtaken on the Tagum–Mati National Highway. In the ensuing scuffle, petitioner shot and killed Eusebio Cabilto.
- Criminal Proceedings
- On August 2, 1979, the Provincial Fiscal filed an information for homicide against Dela Cruz in the Court of First Instance (CFI) of Davao, docketed as Criminal Case No. 40080.
- While the case was pending, Presidential Decrees Nos. 1822 and 1822-A were promulgated (January 16, 1981) to vest courts-martial with jurisdiction over duty-related offenses by AFP members.
- Motion to Transfer and Certification
- Petitioner moved the CFI to transfer the case to military authorities, claiming the killing was committed in the performance of official duty; the motion was denied.
- The Intermediate Appellate Court certified the purely legal question of jurisdiction to the Supreme Court by resolution dated August 30, 1983.
Issues:
- Whether the civil courts had jurisdiction over Criminal Case No. 40080 filed against petitioner Dela Cruz.
- Whether the killing of Cabilto was committed in the performance of official duty, thereby falling under the exclusive jurisdiction of military tribunals pursuant to General Order No. 59.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)