GR L 246; (March, 1946) (Digest)
G.R. No. L-246; March 27, 1946
SILVERIO VALDEZ, petitioner, vs. ANTONIO G. LUCERO, Judge of First Instance of Ilocos Sur, and CELESTINO JIMENEZ, Provincial Warden of Ilocos Sur, respondents.
FACTS
Silverio Valdez was charged with murder before the justice of the peace court of Vigan, Ilocos Sur, for an alleged killing on January 17, 1945. His motion to dismiss the information, challenging the fiscal’s authority and the court’s jurisdiction, was denied on September 5, 1945, and he was detained. The provincial fiscal reproduced the information in the Court of First Instance of Ilocos Sur on September 13, 1945. Valdez filed a motion to quash, which was denied on December 20, 1945, and a motion for reconsideration was also denied on January 7, 1946. Valdez filed a petition with the Supreme Court, seeking to annul the proceedings, declare the respondent judge without jurisdiction, and secure his release. He claimed that, as a member of a recognized guerrilla unit later absorbed into the Philippine Army, he was subject to military law and should be tried by a general court-martial under Article 93 of the Articles of War ( Commonwealth Act No. 408 ). He also contended that the area was a military reservation at the time. During oral arguments, it was clarified that neither the U.S. Army nor the Philippine Army was claiming priority to try him or demanding a court-martial.
ISSUE
Whether the civil courts (specifically the Court of First Instance of Ilocos Sur) have jurisdiction to try Silverio Valdez for murder, given his claim of being a person subject to military law and the crime allegedly occurring in time of war.
RULING
The Supreme Court ruled that the civil courts have jurisdiction. It held that civil courts and military courts have concurrent jurisdiction over murder cases committed by persons subject to military law, even in time of war, citing interpretations of the analogous U.S. Articles of War. The Court noted that at the time of the prosecution, actual hostilities had ceased and the Philippines had been liberated, even if a formal treaty of peace was not yet signed. Furthermore, since the military authorities were not asserting any right to try Valdez, he could not invoke the right to be tried by a court-martial. Therefore, the Court of First Instance of Ilocos Sur properly exercised jurisdiction. The petition was dismissed for lack of merit.