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Roque Gumaua vs. Romeo Espino, et al.

ROQUE GUMAUA, petitioner, vs. MAJOR GENERAL ROMEO ESPINO, in his capacity as Chief of Staff of the Armed Forces of the Philippines and MILITARY COMMISSION NO. 2, respondents

G.R. Nos. L-36188 | 1980-02-29

D E C I S I O N

MAKASIAR, J p:

G.R. No. L-36188


Petitioner Roque Gumaua filed on January 26, 1973 this petition for prohibition and mandamus with restraining order and preliminary injunction against Major General Romeo Espino as Chief of Staff of the Armed Forces of the Philippines and Military Commission No. 2, challenging the validity of the creation and jurisdiction over him as a civilian of respondent Military Commission No. 2. He avers in his petition that on October 23, 1972, he was arrested in his house in Tarlac for alleged complicity in the kidnapping of Ty Ben Seng by NBI agents who allegedly forcibly extracted from him a...