Case Digest (G.R. No. L-58284) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In In re Application for a Writ of Habeas Corpus (G.R. No. 58284, November 19, 1981), petitioners Bernabe Buscayno alias Commander Dante and spouses Jose Ma. Sison and Juliet Sison challenged their continued detention by several military commissions and high-ranking officers of the Armed Forces of the Philippines. Buscayno and Sison had been “wanted subversives” since the early 1970s under Department Order No. 610 and General Order No. 2 following the declaration of martial law. Buscayno was arrested on August 26, 1976, in Pampanga and tried by Military Commission No. 2 for subversion and murder (Cases MC-2-23 and MC-2-22), resulting in a 1977 death sentence later re-affirmed in 1981. The Sison spouses were arrested in November 1977 and faced multiple charges of rebellion before Special Military Commission No. 1 (Case SMC-1-1), subversion before Military Commission No. 6 (Case No. 55) and Military Commission No. 25 (Case No. 113). Previous petitions for habeas corpus (L-47185 an Case Digest (G.R. No. L-58284) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background
- Bernabe Buscayno (alias Commander Dante) and Jose Ma. Sison (alias Amado Guerrero) were classified as high-value subversives since 1971; bounties of ₱150,000 and ₱50,000 respectively were set under Department Order No. 610.
- Both were placed on the “National Target List” under General Order No. 2 (Sept. 22, 1972) ordering their arrest as active participants in a conspiracy to overthrow the government.
- Charges and Proceedings
- Buscayno
- Charged with subversion (RA 1700) and murder before Military Commission No. 2 (Criminal Cases MC-2-23, MC-2-22) based on alleged overt acts from 1965 to 1971.
- Charged with rebellion before Military Commission No. 1 (MC-1-92) and its successor Special Military Commission No. 1 (SMC-1-1) for uprisings in 1972 and activities through February 1974.
- Arrested Aug. 26, 1976; waived counsel and presentation of evidence; found guilty and sentenced to death by firing squad in Nov. 1977; earlier habeas corpus petition (L-47185) dismissed Jan. 15, 1981.
- Jose Ma. Sison and Juliet Sison
- Juliet: charged with subversion before Military Commission No. 6 (Case No. 55) in Nov. 1972 for leadership in Kabataang Makabayan and related activities.
- Jose: charged under PD 885 before Military Commission No. 25 (Case No. 113) in Oct. 1978 for organizing and leading the CPP/NPA.
- Both charged with rebellion in SMC-1-1 (amended Nov. 8, 1977) alongside 91 co-accused; prior habeas corpus petition (L-49579) dismissed Jan. 15, 1981.
- Instant Petition
- On Oct. 2, 1981 petitioners filed an omnibus petition for habeas corpus, prohibition, and mandamus seeking:
- Declaration that Buscayno’s subversion/murder conviction is void for denial of right to present evidence and his release.
- Dismissal of rebellion and subversion charges on double jeopardy grounds.
- Injunction against Military Commissions Nos. 1, 6, 25 from further proceedings and entitlement to bail.
Issues:
- Are petitioners illegally detained and entitled to release or bail?
- Do military commissions have jurisdiction to try civilians for subversion, rebellion, and related offenses?
- Does prosecution of both subversion and rebellion constitute double jeopardy?
- Did PD 885’s repeal of RA 1700 extinguish liability for subversive acts under the former law?
- Under Proclamation No. 2045, can petitioners detained for subversion or rebellion obtain bail?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)