Case Summary (G.R. No. 169190)
Military Commission Proceedings
Buscayno waived counsel and presence at initial arraignments, pleaded not guilty, and declined to present evidence. The commission found him guilty of subversion and murder in 1977 and imposed death by firing squad. Upon presidential directive, the trial was reopened in late 1977 and resumed in 1981; Buscayno again did not testify, and the commission reaffirmed its death penalty. The Sison spouses’ rebellion and subversion trials proceeded likewise.
Habeas Corpus Petitions
Buscayno filed two prior petitions (L-47185 in 1977; dismissed January 15, 1981) and the Sison spouses filed one (L-49579; also dismissed January 15, 1981). The instant omnibus petition (October 2, 1981) sought release, dismissal of charges for double jeopardy, prohibition of further commission proceedings, and bail.
Suspension of the Writ of Habeas Corpus and Bail
Proclamation No. 2045 (January 17, 1981) terminated martial law but expressly continued suspension of the writ for persons detained for insurrection, rebellion, or subversion. Under this suspension, petitioners cannot invoke the privilege of the writ and are not entitled to bail (Lansang v. Garcia, 42 SCRA 448).
Scope of Judicial Review
The Court held that errors or due-process complaints regarding military commission proceedings must be addressed first by the reviewing military authority (Court of Military Appeals) under P.D. 1498, secs. 86(f) and 87(e). Generally, this Court does not supervise interlocutory acts of military tribunals, limiting its review to final decisions appealed through the military appellate system.
Revised Anti-Subversion Law and Repealing Clause
Juliet de Lima-Sison’s contention that P.D. 885 repealed RA 1700 retroactively was rejected: P.D. 885, sec. 7, contains a saving clause preserving prosecution and punishment for acts committed under the former law before its effectivity and for pending cases. Section 14(i) of the National Security Code reenacts this transitional provision.
Double Jeopardy Issue
Petitioners argued that subversion and rebellion charges involved the same acts, invoking the constitutional prohibition ag
...continue readingCase Syllabus (G.R. No. 169190)
Facts of the Case
- Bernabe Buscayno (alias Commander Dante) and Jose Ma. Sison (alias Amado Guerrero) were classified as subversives and sought by authorities since 1971.
- Department Order No. 610 (Undersecretary Efren I. Plana) offered P150,000 for Buscayno’s capture or killing and P50,000 for Sison’s, or for information leading thereto.
- Both were listed in the “National Target List” under General Order No. 2 (September 22, 1972) prepared by Colonel Hamilton B. Dimaya.
- Multiple criminal cases were filed against Buscayno (subversion, murder, rebellion) and against Jose Ma. Sison and Juliet Sison (subversion, rebellion).
Charges Against Buscayno
- Criminal Case No. MC-2-23 (Military Commission No. 2, Aug. 14, 1973): subversion under RA 1700, alleged overt acts (1965–1971) including funding demonstrations, issuing firearms, providing shelter and medical care to HMB/NPA officers.
- Criminal Case No. MC-2-22 (Military Commission No. 2, Aug. 7, 1973): murder of Cecilio Sumat (Nov–Dec 1967) in Tarlac.
- Criminal Case No. MC-1-92 (later SMC-1-1, Nov. 8, 1977): rebellion with 91 others for alleged Karagatan arms landing (July 2, 1972) and acquisition of assets (Aug 1973–Feb 1974) to support CPP/NPA.
- Arrested Aug. 26, 1976 in Pampanga; detained at Camp Crame.
Charges Against Sison Spouses
- Case No. 55 (Military Commission No. 6, Nov. 16, 1972): Juliet Sison charged with subversion (RA 1700) as a KM ranking leader in Bicol, editing Ang Bayan (1971–72), accused of indoctrination, agitation, rallies, violence.
- Case No. 113 (Military Commission No. 25, Oct. 3, 1978): Jose Ma. Sison charged with subversion (PD 885) for organizing/joining CPP/NPA with foreign support (post-1968).
- SMC-1-1 (Nov. 8, 1977): both spouses, with 91 others, charged with rebellion for public uprising and distribution of arms against the government.
Procedural History
- Buscayno waived presence and counsel; pleaded not guilty; declined to present defense evidence.
- Nov. 25, 1977: Military Commission No. 2