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Zosimo R. Magno Vs. Renato De Villa

MAJOR ZOSIMO R. MAGNO, and CAPTAIN ROSARIO J. TAMAYO, petitioners, vs. GENERAL RENATO DE VILLA, in his capacity as Chief of Staff, Armed Forces of the Philippines, COMMODORE PROCESO FERNANDEZ, Chairman of Court Martial No. 6, COL. TEODORO CARANGAN, COL. ASHLEY SALVADOR, CAPT. VICENTE GARRIZA, COL. HUMBERTO REBONG, COL. FRANCISCO PAREDES, LT. COL. DANILO VENTORINA, MEMBERS OF THE GENERAL COURT MARTIAL NO. 6, respondents. Renecio R. Espiritu for petitioners.

G.R. No. 92606 | 1991-07-26

D E C I S I O N


DAVIDE, JR., J.:

The threshold issue raised in this case is whether or not General Court Martial No. 6 committed any jurisdictional error in not ordering the dismissal or quashal of the Charge Sheet against petitioners and their co-accused on the ground that more than one offense is charged therein and in proceeding with the arraignment and entering a plea of not guilty for the petitioners when they refused to plead.

The antecedents are not disputed.

Petitioners are officers of the Armed Forces of the Philippines. Major Zosimo Magno is with the Philippine Constabulary while Captain Rosario Tamayo is with the Philippine...