Comendador V de Villa (Digest)

Comendador v De Villa
(G.R. No. 93177, 2 August 1991) ISSUE(S)
Petitioner(s): Jose Comendador, et al. 1. Were the Petitioners denied due process by having their case
Respondent(s): Renato De Villa (AFP Chief of Staff), et al. dismissed on the ground that they failed to submit their counter-
affidavits within the specified period?
2. Do the Petitioners have the right to peremptory challenge?
ANTECEDENT FACTS
3. Does the RTC Judge of Quezon City have jurisdiction over the
[Four consolidated cases arising from the same incident] case, and did he err in denying bail to be imposed?
Petitioners are officers of the Armed Forces of the Philippines (AFP)

facing prosecution for their alleged participation in the failed coup d’etat OPINION(S) OF THE COURT and RULING
that took place from December 1 to 9, 1989.
Petitioners were given several opportunities to present their side during
Petitioners question the conduct of the Pre-trial Investigation (PTI) Panel the pre-trial investigation. They cannot now claim that they have been
to investigate charges against them and the creation of the General Court denied due process because the investigation was resolved against them
Martial (GCM) convened to try them. owing to their own failure to submit their counter-affidavits.
o The PTI Panel issued a subpoena to the Petitioners, and they This Court rules that the withdrawal of the right to peremptory challenge in
acknowledged receipt thereof P.D. No. 39 became ineffective when martial law was lifted. As a result,
o Petitioners challenged the proceedings on various grounds, so the old rule embodied in Com. Act No. 408, Article 18 was automatically
the PTI Panel gave them 10 days to file their objections in writing revived and now again allows the right to peremptory challenge.
o The PTI Panel denied their motion and gave them 5 days to
The denial from the military of the right to bail is not a violation of the
submit their counter-affidavits and the affidavits of the witnesses
Equal Protection Clause. The unique structure of the military should be
Petitioners now claim that there was no pre-trial investigation of the enough reason to exempt military men from the constitutional coverage
charges against them. on the right to bail.
Sep. 27, 1972: President Marcos issued G.O. No. 8, empowering the AFP
Chief of Staff to create military tribunals to try and decide cases of military DOCTRINES, CONCEPTS and LAWS
personnel.
Article of War
Nov. 7, 1972: President Marcos promulgated P.D. No. 39, which now
o Article 71: “No charge will be referred to a GCM for trial until after
disallows the peremptory challenge
a thorough and impartial investigation thereof shall have been
Jan. 17, 1981: President Marcos issued Proc. No. 2045, proclaiming the made... At such investigation, full opportunity shall be given to the
termination of the state of martial law throughout the country. accused to cross-examine witnesses against him if they are
available and to present anything he may desire in his own behalf
o Revoked G.O. No. 8 and declared the dissolution of the military
either in defense or mitigation…”
tribunals created pursuant thereto
o P.D. No. 39 was issued to implement G.O. No. 8, therefore with
the termination of martial law, P.D. No. 39 is no longer binding
Reviewer by Alecs Laohoo
Due Process
o The State must respect all legal rights that are owed to a person,
pursuant to the fundamental principle of fairness in all legal
matters
o Due process is satisfied as long as the party is accorded an
opportunity to be heard
o If the right to be heard is not availed of, it is deemed waived or
forfeited without violation of the Bill of Rights
Cessante Ratione Legis, Cessat Ipsa Lex
o When the reason for the law ceases, the law itself ceases
o This principle is also expressed in the maxim, ratio legis est
anima
Equal Protection Clause
o The guaranty of the Equal Protection Class requires equal

treatment only of persons or things similarly situated and does not
apply where the subject of the treatment is substantially different
from others
Reviewer by Alecs Laohoo

Comendador V de Villa (Digest)

Uploaded by

Copyright:

Available Formats

Comendador V de Villa (Digest)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Comendador V de Villa (Digest)

Uploaded by

Copyright:

Available Formats

Comendador v De Villa

(G.R. No. 93177, 2 August 1991) ISSUE(S)

Petitioners are officers of the Armed Forces of the Philippines (AFP)

Cessante Ratione Legis, Cessat Ipsa Lex

Equal Protection Clause

o The guaranty of the Equal Protection Class requires equal

Reviewer by Alecs Laohoo

You might also like