Case Digest (G.R. No. 85481-82)
Facts:
In Tan vs. Barrios, petitioners William Tan, Joaquin Tan Leh, and Vicente Tan were among sixteen civilians arrested on April 17, 1975 for the August 25, 1973 murder of Florentino Lim and for illegal possession of a .45 caliber pistol. The charges were tried by Military Commission No. 1 under General Orders issued during Martial Law (Proclamation 1081; G.O. No. 8, 12-b, 21, 49). After thirteen months of almost daily proceedings, on June 10, 1976 the Commission acquitted Oscar Yaun, Enrique Labita, Eusebio Tan, Alfonso Tan, Go E Kuan, and the three petitioners, and sentenced others — including five to indeterminate terms for murder and one to death for murder plus firearm possession. All accused were detained without bail at Camp Crame’s stockade. Martial Law ended with Proclamation 2045 (January 17, 1981), abolishing military tribunals. In 1987, this Court in Olaguer vs. Military Commission No. 34 (150 SCRA 144) held military tribunals had no jurisdiction over civilians when civiCase Digest (G.R. No. 85481-82)
Facts:
- Creation and jurisdiction of military tribunals
- Proclamation No. 1081 (Sept. 21, 1972) and General Orders Nos. 8, 21, 12-b, 49 established military tribunals to try cases of military personnel and referred cases, including firearms violations and crimes “directly related to quelling rebellion,” later adding crimes against persons.
- General Order No. 49 (Oct. 11, 1974) excluded Revised Penal Code crimes against persons but allowed the President to refer to or from civil courts.
- Arrest and charges in Military Commission No. 1
- On April 17, 1975, William Tan, Joaquin Tan Leh, Vicente Tan, and 13 others were arrested and charged with:
- Murder (Article 248 RPC in relation to GO No. 49, par. 6) for the Aug. 25, 1973 killing of Florentino Lim.
- Illegal possession of a .45 pistol and ammunition (PD 9, GOs 6 & 7).
- Arraigned May 6, 1975 (pleaded not guilty); detained without bail at PC Stockade, Camp Crame; trial spanned 13 months, with 45 prosecution and 35 defense witnesses (21 volumes of transcripts).
- Military Commission No. 1 decision (June 10, 1976)
- Five accused found guilty of murder, sentenced to 17 years 4 months 21 days to 20 years.
- One (Marciano Benemerito) convicted of murder and illegal firearm possession; sentenced to death.
- Eight, including William Tan, Joaquin Tan Leh, Vicente Tan, were acquitted and released June 11, 1976.
- Abolition of tribunals and Olaguer doctrine
- Proclamation No. 2045 (Jan. 17, 1981) ended martial rule; military tribunals abolished.
- Olaguer vs. Military Commission No. 34 (150 SCRA 144, May 22, 1987) held civilian trials by military tribunals unconstitutional if civil courts were open; nullified MC proceedings and declared right to civil trial.
- Cruz vs. Enrile and Department of Justice actions
- Cruz vs. Enrile (160 SCRA 700, Oct. 1988) consolidated habeas petitions of 217 prisoners tried by MCs for common crimes, sought nullity of MC proceedings and civil retrial. The Court:
- Released or granted bail to petitioners fully served/acquitted/granted amnesty.
- Dismissed petitions of military personnel.
- Directed DOJ to file new informations in proper civil courts for civilians still serving sentences.
- Sept. 15, 1988: DOJ Order No. 226 assigned State Prosecutor Barrios to reinvestigate MC-1-67; Nov. 15: designated Acting City Fiscal, Cagayan de Oro City.
- Dec. 9, 1988: Barrios filed two informations in RTC CDO:
- Illegal possession of firearm (Crim. Case No. 88-824).
- Murder (Crim. Case No. 88-825) against all original MC-1 defendants, including petitioners.
- Lower court order and SC petition
- RTC Judge Demecillo (Oct. 26, 1988) ordered SP Barrios to submit certified MC records and the “Supreme Court order” authorizing refiling; Barrios did not comply.
- Petitioners filed certiorari and prohibition to annul the informations and the Oct. 26 order, arguing they had been acquitted by MC-1.
- SC First Division (Nov. 23, 1988) dismissed as premature for failure to move to quash in RTC; after arrest warrants issued, SC granted TRO (Jan. 16, 1989).
Issues:
- Jurisdiction and authority
- Whether Cruz vs. Enrile authorized refiling of informations against petitioners acquitted by MC-1.
- Whether SP Barrios and the DOJ acted without or in excess of jurisdiction in reprosecuting petitioners.
- Constitutional protections
- Applicability of double jeopardy and ex post facto prohibitions to reprosecution.
- Effect of res judicata and estoppel by virtue of the military tribunal acquittal.
- Procedural validity
- Validity of informations filed without preliminary investigation, finding of probable cause, or approval by the Chief State Prosecutor (Rule 112, 1985 Rules).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)