GR 3375; (March, 1907) (Digest)

G.R. No. 3375
Facts In May 1901 Julian Dones was tried before a military commission in Sorsogon and convicted of murder, receiving a death sentence that was approved by the commanding general of the Philippines Division. After his escape and recapture in July 1902, the civil government had replaced the military administration, and the commission that sentenced him no longer existed. In December 1905 the Attorney‑General, pursuant to Act No. 865 (as amended by Act No. 1153), petitioned the Court of First Instance (CFI) of Sorsogon to order the execution of Dones’ sentence. The CFI ordered the execution, which Dones appealed.

Issues
1. Whether the proof presented by the Attorney‑General was sufficient to justify the CFI’s order to carry out the military‑commission death sentence.
2. Whether Act No. 865, which authorizes execution of sentences imposed by military commissions, is constitutional.

Ruling 1. The Supreme Court held that Dones’ own admission of the factual allegations in the petition estopped him from later denying those facts; therefore the prosecution’s evidence was deemed sufficient and the CFI’s factual findings were upheld.
2. The Court reaffirmed its earlier decision in Narciso Cabantag v. George N. Wolfe that Act No. 865 is a valid exercise of legislative power and is constitutionally sound. Consequently, the CFI had jurisdiction to enforce the military‑commission sentence.

The order fixing April 30 as the date for execution was affirmed, and costs were imposed on the appellant.