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Concepcion vs. Jalandoni [DECISION]

FLAVIANO T. CONCEPCION, petitioner, vs. BRIGADIER GENERAL RAFAEL JALANDONI, Acting Chief of Staff, Philippine Army, respondent.

G.R. No. L-148 | 1945-12-20

D E C I S I O N
 
JARANILLA, J.:
 
The above-entitled cause is before us by virtue of a petition filed by Flaviano T. Concepcion praying that Brigadier General Rafael Jalandoni, Acting Chief of Staff of the Philippine Army, be ordered to desist from trying the petitioner for a violation of section 48 of Commonwealth Act No. 1, otherwise known as the National Defense Act. The petitioner alleges that article 2 of the Articles of War (Commonwealth Act No. 408) does not cover him because it provides among others:
 
"ART. 2. Persons subject to Military Law.—The following persons are subject to these articles and shall...