G.R. No. L-28949 - Arula vs. Espino

Case Summary (G.R. No. L-28949)

Preliminary Statement of the Case

The present case arises from a petition for certiorari and prohibition, which seeks to annul Special Order 208 issued by Brigadier General Espino, which convened a General Court-Martial to adjudicate charges against military personnel involved in the shooting incident that injured petitioner Jibin Arula. The petitioner argues that the General Court-Martial lacks jurisdiction over the case, as it pertains to an event allegedly occurring outside a military reservation and involves a civilian not subject to military law.

Factual Background

Jibin Arula was recruited by the Armed Forces of the Philippines on December 17, 1967. Following training, he was involved in a shooting incident at Corregidor Island on March 18, 1968, which resulted in serious injuries. On March 23, he filed a criminal complaint for frustrated murder against various military personnel with the City Fiscal of Cavite City. Subsequently, he informed military authorities that he would not be filing any charges against the involved military members, as he had already initiated proceedings with civil authorities. However, the military, leading up to the complaint and following pre-investigation procedures, proceeded to conduct its own military inquiry and eventually convened a General Court-Martial under Special Order 208.

Legal Issues Presented

Whether the General Court-Martial has jurisdiction over charges involving the petitioner, given that the alleged offense occurred outside a designated military reservation and involved a civilian.
Whether the petitioner has standing to file the present action for certiorari and prohibition.
The effect of the filing of a criminal complaint with the City Fiscal on the jurisdiction of the military court.
The adequacy of the military’s pre-trial investigation and adherence to prescribed legal procedures.

Discussion of Jurisdictional Authority

The jurisdiction of the General Court-Martial is asserted under Article of War 94 of Commonwealth Act No. 408, which allows for military court jurisdiction over felonies committed by military personnel within a military reservation or, when the offended party is subject to military law, outside of it. The petitioner, however, argues that his injuries occurred in an area designated as a national shrine, thus negating military jurisdiction. The prevailing executive orders suggest that, while Corregidor was initially designated as a military reservation, its designation as a national shrine may limit the applicability of military jurisdiction.

Concurrent Jurisdiction of Military and Civil Courts

The salient legal doctrine is that when both military and civil courts possess concurrent jurisdiction over an offense, the court first acquiring jurisdiction must proceed with the case which is affirmed in previous jurisprudence. In this case, the City Fiscal of Cavite took affirmative action by initiating a preliminary examination following the complaint filed by petitioner, which places him within the purview of civil judicial proceedings prior to the military's actions.

Procedural Validity of Pre-Trial Investigations

The notion of pre-trial investigations, as observed in judicial practice, serves an important function in determining the validity of charges and ensuring fair trial processes. The military's pre-trial actions were supported by reports but were contested as potentially inadequate to establish sufficiency for a valid court-martial. Concerns were raised regarding the swiftness of the military's action in constituting a court-martial and proceeding with charges without sufficient investigative rigor, which may infringe upon due process rights.

Conclusions

The airstrip on Corregidor Island, despite its designation as a national s