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August O. Bernarte, et al. vs. Sec. Of National Defense, et al.

AUGUST O. BERNARTE, CARMELITO ACEBRON and ANTONIO B. QUIAMBAO, petitioners, vs. THE SECRETARY OF NATIONAL DEFENSE, THE PROVINCIAL FISCAL OF RIZAL, THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, THE JUDGE ADVOCATE GENERAL, and MILITARY COMMISSION NO. 5, at present composed of BRIG, GENERAL GREGORIO B. FIDER, LT. COLONEL DOMINADOR DE LA CRUZ, COLONEL SIXTO P. DE BELEN, LT. COLONEL SALVADOR M. MISON, LT. COLONEL AMANTE S. BUENO, and MAJOR ANGELES TEVES, respondents.

G.R. No. L-36222 | 1982-08-21

D E C I S I O N


FERNANDO, J.:

In this certiorari and prohibition proceeding, petitioners then under detention by military authorities arising from the filing of charges against them for the crime of malversation with the illegal use of public property before respondent Military Commission No. 5, challenged its jurisdiction on the ground that previously a complaint based on the same facts, more specifically, the unloading of the RCA rice from the motor vehicle M/V New Cronulla in Mariveles, Bataan to be placed on a barge and thereafter its apprehension two days later with such rice, was the subject of a criminal complaint filed before...