G.R. No. 171855 - Rapsing vs. Ables

Case Summary (G.R. No. 171855)

Key Dates

May 3, 2004 – Alleged encounter and deaths of seven civilians in Barangay Lagta, Baleno, Masbate.
February 9, 2005 – Provincial Prosecutor’s resolution recommending multiple murder charges.
February 15, 2005 – Filing of Information for multiple murder.
July 28, 2005 – Issuance of RTC arrest warrant.
December 6, 2005 & January 11, 2006 – RTC orders granting transfer of case to military jurisdiction.
October 15, 2012 – Supreme Court decision.

Applicable Law

1987 Philippine Constitution (post-1990 decision);
Revised Penal Code, Article 248 (Murder);
Republic Act No. 7055 (civil court jurisdiction over military personnel crimes, except service-connected offenses);
Commonwealth Act No. 408 (Articles of War defining service-connected offenses).

Facts of the Incident

Respondents claimed they engaged New People’s Army partisans in an armed encounter at Sitio Gaway-gaway, resulting in seven fatalities. The Philippine Army’s post-incident report described a legitimate firefight. Petitioners alleged their husbands were unarmed civilians summarily executed. The NBI investigation, relying on witness testimony, recommended preliminary investigation for multiple murder.

Criminal Proceedings and Transfer Motion

The Provincial Prosecutor filed an Information for multiple murder against the soldier-respondents in RTC–Branch 47. An arrest warrant issued but before enforcement, the Judge Advocate General’s Office moved to transfer the case to a military tribunal. The trial court initially denied transfer for lack of arrest, then granted it upon reconsideration, turning over the record to the AFP. Petitioners’ motion for reconsideration was denied.

Issues Presented

Whether the RTC erred in transferring the multiple murder case to military court despite lack of jurisdiction under RA 7055.
Whether the RTC’s order is subject only to appeal when no trial on the merits has occurred.

Jurisdictional Framework Under RA 7055

Section 1 of RA 7055 presumes civil court jurisdiction over crimes by military personnel “except when the offense, as determined before arraignment by the civil court, is service-connected.” The statute explicitly limits service-connected offenses to those defined in specified Articles (54–70, 72–92, 95–97) of Commonwealth Act No. 408. Murder under RPC Article 248 is not among these enumerated offenses.

Supreme Court’s Legal Analysis

The nature of the offense—multiple murder—vests original jurisdiction in the RTC under BP Blg. 129 and the RPC. Service-connection, as a statutory exception, must strictly