Back

William Tan vs. Hernani T. Barrios

WILLIAM TAN, JOAQUIN TAN LEH and VICENTE TAN, petitioners, vs. HERNANI T. BARRIOS, in his capacity as State Prosecutor, Department of Justice, THE CITY FISCAL OF CAGAYAN DE ORO CITY, THE HONORABLE LEONARDO N. DEMECILLO, Presiding Judge of the Regional Trial Court, Branch 24, Cagayan De Oro City, and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. Nos. 85481-82 | 1990-10-18

D E C I S I O N
 


GRINO-AQUINO, J.:

On the basis of Proclamation No. 1081 dated September 21, 1972, then President Ferdinand E. Marcos, thru General Order No. 8 dated September 27, 1972, authorized the AFP Chief of Staff to create military tribunals "to try and decide cases of military personnel and such other cases as may be referred to them."

In General Order No. 21 dated September 30, 1972, the military tribunals, "exclusive of the civil courts," were vested with jurisdiction among others, over violations of the law on firearms, and other crimes which were directly related to the quelling of rebellion and the...