Case Summary (G.R. No. 199777)
Civil Prosecution and Amended Information
On August 1, 2003, the DOJ filed coup d’état charges (Art. 134-A, RPC) against 321 participants before Makati RTC Branch 61. An omnibus motion by 243 accused sought to transfer all military-filed charges to civil courts under RA 7055. By October 20, 2003, the DOJ found probable cause against only 31 accused, dismissed 290 charges, and the RTC admitted an Amended Information against those 31.
Military Charges Against Remaining Personnel
Following dismissal in civil court, 1Lt. Navales et al. and Capt. Reaso et al. were charged before the General Court-Martial under Articles of War 63 (Disrespect to high officials), 64 (Disrespect to superior officers), 67 (Mutiny), 96 (Conduct unbecoming an officer), and 97 (General Article). Their co-accused initially charged civilly were excluded from military charges.
RTC Branch 148’s Jurisdictional Ruling
On February 11, 2004, Makati RTC Branch 148 declared the omnibus motion moot and academic yet simultaneously ruled that all charges filed before the court-martial against both groups were “not service-connected” but absorbed by coup d’état, thereby purportedly vesting jurisdiction in civil courts.
Petitioners’ Arguments
Petitioners contend that (a) under RA 7055, the RTC already determined their offenses were non-service-connected and thus civil court–cognizable; (b) the military has no authority to detain or try them after civil charges were dismissed for lack of evidence. They seek prohibition of the court-martial and release via habeas corpus.
Respondents’ Arguments
The respondents assert that the February 11, 2004 RTC order is void because petitioners were no longer parties after the Amended Information admitted in Branch 61. They lacked standing to move in Branch 148. The court-martial offenses fall squarely within “service-connected” categories under RA 7055 and Articles 63, 64, 67, 96, 97 of Commonwealth Act 408. They further allege forum-shopping by petitioners.
Jurisdictional Analysis under RA 7055
Section 1, RA 7055, mandates that military courts shall try service-connected offenses, defined as Articles 54–70, 72–92, 95–97 of the Articles of War. The provision cannot be altered by court order. Once civil charges against petitioners were dismissed, they ceased to be parties in the civil case, rendering Branch 148’s sweeping declaration beyond its jurisdiction and void. Military courts therefore retain jurisdiction over the specified Articles of War violations.
Legislative and Constitutional Context
RA 7055 was enacted to restore civilian court jurisdictio
...continue readingCase Syllabus (G.R. No. 199777)
Background
- Two petitions filed before the Supreme Court:
• G.R. No. 162318 – Petition for Prohibition under Rule 65 seeking to enjoin the General Court-Martial from trying certain junior officers and enlisted men of the AFP.
• G.R. No. 162341 – Petition for Habeas Corpus filed by Atty. Roberto Rafael Pulido for the release of detained officers and men allegedly held without lawful authority. - Respondents are Gen. Narciso Abaya (AFP Chief of Staff) and BGen. Mariano M. Sarmiento, Jr. (AFP Judge Advocate General), exercising command over military justice proceedings.
Facts of the Oakwood Incident
- Date and location: July 27, 2003, Oakwood Premier Apartments, Ayala Center, Makati City.
- Actors: Over 300 junior officers and enlisted personnel of the AFP (Magdalo Group), including Navy Lt. LtSG. Antonio Trillanes IV and Army Capt. Gerardo Gambala.
- Acts:
• Disarmed security guards; occupied building; planted explosives; posted snipers.
• Aired grievances via ABS-CBN/ANC: alleged graft, sale of arms, Davao bombings, micromanagement by DND Sec. Angelo Reyes.
• Demanded resignation of President Arroyo and key civilian/military officials; withdrew support from chain of command. - Government response:
• President Arroyo set surrender deadline; declared a state of rebellion at 1:00 p.m.; authorized reasonable force.
• Negotiations led by Ambassador Roy Cimatu; occupation ended by 11:00 p.m. - Commitment Order (Aug. 2, 2003): Gen. Abaya, under Article 70, AW (Commonwealth Act No. 408), directed service commanders and ISAFP to detain involved personnel.
Procedural History
- August 1, 2003: DOJ files Information for coup d’état (Art. 134-A, RPC) against 321 accused before RTC-Makati (Crim. Case No. 03-2784).
- September 12, 2003: Omnibus Motion by 243 accused seeking (a) transfer to military courts under R.A. 7055 and (b) probable cause determination.
- October 20, 2003: DOJ Resolution finds probable cause only against 31; dismisses 290 for lack of evidence.
- November 14 & 18, 2003: RTC-Branch 61 admits Amended Information against 31; dismisses charges vs. other 290 (including petitioners in both SC petitions); issues commitment orders for the 31.
- Those dismissed by RTC-61 are then ch