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Rizalito Velunta vs. Chief, Phil. Constabulary etal

RIZALITO VELUNTA, petitioner, vs. THE CHIEF, PHILIPPINE CONSTABULARY AND COLONEL SIMEON KEMPIS, JR., PRESIDENT GCM, Recom. VIII, Palo, Leyte, respondents.

G.R. No. 71855 | 1988-01-20

D E C I S I O N


GUTIERREZ, JR., J.:

This is a petition for prohibition to prevent the General Court Martial, RECOM VIII, from assuming jurisdiction over a criminal case for homicide wherein the petitioner is indicted for the death of one Romeo Lozano.

The petitioner is a regular member of the Integrated National Police of Tacloban City with the rank of Patrolman.

On April 16, 1982 at about 6:00 o'clock in the evening, while directing traffic at the intersection of Burgos Tarcela-Lucente Streets, Tacloban City, the petitioner tried to apprehend Romeo Lozano, a motorized tricycle driver, for violations of traffic rules and regulations....