G.R. No. L-246 - Valdez vs. Lucero

Silverio Valdez, the petitioner, was prosecuted for murder based on an information filed by the provincial fiscal in the Justice of the Peace Court of Vigan, Ilocos Sur.
The information alleged that on January 17, 1945, in the barrio of San Julian, Bantay, Ilocos Sur, Valdez, with premeditation and treachery, brutally killed Juan Ponce using a bolo, dagger, and other weapons.

Valdez moved for the dismissal of the information on the ground that the fiscal lacked authority and the court lacked jurisdiction; this motion was denied on September 5, 1945.
Following his detention as a provincial prisoner in Vigan, the provincial fiscal reproduced the information in the Court of First Instance on September 13, 1945.
The defendant filed a motion to quash on December 18, 1945, which was denied on December 20, 1945, and his petition for reconsideration filed on December 29, 1945, was also denied on January 7, 1946.

Valdez argued that he was a member of a recognized guerrilla unit, later absorbed into the United States Army, and subsequently into the Philippine Army.
He contended that, being subject to military law, he should be tried by a general court martial under Article 93 of the Articles of War (Commonwealth Act No. 408).
Additionally, he claimed that since the whole of Ilocos Sur was overrunning enemy forces at that time, any action taken within that area should be within the purview of military reservation and military justice.

Counsel for the petitioner noted that neither the United States Army nor the Philippine Army was asserting priority or demanding a court martial trial for Valdez.
No allegation was found in the petition seeking exclusive military jurisdiction, rather the focus was on the interpretation of Article 93 of the Articles of War.

Whether the civil courts of the Commonwealth of the Philippines have jurisdiction to try a murder case committed by a person subject to military law.
Whether the exclusivity of military jurisdiction, as purportedly granted by Article 93 of the Articles of War, precludes the civil courts from trying the case.

Whether Article 93, which provides for punishment by court martial for murder committed in time of war, should be exclusively applied in the petitioner’s case.
Whether the status of war – in terms of active hostilities – affected jurisdiction given that the Philippines had already been liberated and hostilities had ceased.

Whether the petitioner can invoke a right to be tried by a court martial based solely on his status as a guerrilla member and subsequent absorption into the armed forces.
Whether, in the absence of a claim by military authorities to assume jurisdiction, the petitioner can demand a military trial.