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R. Animas vs Min. of the Min. of Nat'l Defense etal

RODOLFO ANIMAS alias "Tingtong," ZACARIAS SEMINIO, JR. alias "Carol" RODOLFO SEMINIO, CARLITO FERNANDEZ, GOLEM JACILDO, RICARDO JAVIER alias "Kapid," CARLOS JAVIER, GENEROSO DE LA CRUZ alias "Junior," LUIS BRILLANTES, JAMES WEBER alias "Boysie," BENHUR MAGTUNAO and ROMULO AGUILLON alias "Mulo," petitioners, vs. THE HONORABLE MINISTER OF THE MINISTRY OF NATIONAL DEFENSE, THE CHIEF OF STAFF ARMED FORCES OF THE PHILIPPINES, THE JUDGE ADVOCATE GENERAL, ARMED FORCES OF THE PHILIPPINES, THE MEMBERS OF THE MILITARY COMMISSION NO. 27, and THE PROVINCIAL COMMANDER, PHILIPPINE CONSTABULARY, NEGROS OCCIDENTAL, respondents.

G.R. No. L-51747 | 1986-12-29

D E C I S I O N


GUTIERREZ, JR., J:

This petition challenges the jurisdiction of a military tribunal to try twelve accused persons, only one of whom is in the military, for the offense devoid of any national security or political complexion and committed long before the proclamation of martial law.

Diosdado Yanson was a political leader of Ernesto Montilla, candidate for Mayor of Pulupandan, Negros Occidental in the November 11, 1971 local elections. The petitioners were charged for murder in connection with the alleged killing of Yanson on the eve of the November 11 elections.

The accused were arrested almost a year later, on...