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Bernabe Buscayno vs. Military Commisions No. 1,2,6 & 25 [ DISSENTING OPINION, TEEHANKEE, J. ]

IN THE MATTER OF THE APPLICATION FOR A WRIT OF HABEAS CORPUS. BERNABE BUSCAYNO, JOSE MA. SISON and JULIET SISON, petitioners, vs. MILITARY COMMISSIONS NOS. 1, 2, 6 and 25, GENERAL FABIAN VER, GENERAL FIDEL RAMOS, LIEUTENANT COLONEL VIRGILIO SALDAJENO, CAPTAIN MELCHOR A. ACOSTA and REVIEW BOARD OF THE ARMED FORCES OF THE PHILIPPINES, respondents.

G.R. No. L-58284 | 1981-11-19

TEEHANKEE, J., dissenting:

The principal questions presented in the case at bar assert (1) the constitutional right of civilians like petitioners to the judicial process of civilian trials by the regular civil courts composed of judges trained in the law whose objectivity and independence are protected by tenure and undiminished salary and are nurtured by the judicial tradition as against the executive process of trial by military tribunals composed of military officers, specially so with the lifting of martial law on January 17, 1981 through the President's Proclamation No. 2045, and (2) petitioners' constitutional right to bail unless it...