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Bernabe Buscayno vs. Juan Ponce Enrile, et al.

IN THE MATTER OF THE APPLICATION FOR A WRIT OF HABEAS CORPUS OF: BERNABE BUSCAYNO, petitioner, vs. HON. JUAN PONCE ENRILE, Secretary of National Defense; GEN. ROMEO C. ESPINO, Chief of Staff, AFP; GEN. FIDEL V. RAMOS, Chief, PC; MILITARY COMMISSION NO. 2; and COL. MIGUEL AURE, Philippine Constabulary, respondents.

G.R. No. L-47185 | 1981-01-15

D E C I S I O N


FERNANDO, C.J.:

In essence, the decisive issue posed in this habeas corpus and prohibition proceeding, filed on October 25, 1977, namely, the power of military tribunals to try individuals, not members of the armed forces, was raised and decided adversely to the claim of petitioner Bernabe Buscayno in the leading case of Aquino Jr. v. Military Commission. 1 A novel aspect is, however, sought to be imparted by the allegation that respondent Military Commission "lost on October 17, 1976, the judicial power vested in it by the respondent Secretary, now Minister, of the National Defense 2 to conduct the trial of persons...