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    Dela Cruz Vs Moya

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    Jhoel Villafuerte
    1) Petitioner Dela Cruz, a member of the AFP, led a mission to apprehend individuals engaged in illegal cockfighting. During the arrest, a scuffle ensued as the operators resisted arrest and followed the soldiers back to their headquarters. 2) Dela Cruz shot and killed Cabilto during the scuffle. He was charged with homicide but claimed the court martial had jurisdiction as the crime was committed in relation to his official duties. 3) The issue is whether the civil courts have jurisdiction over the criminal case against Dela Cruz. The ruling is that the court martial has exclusive jurisdiction, as the law in force at the time of the incident vested jurisdiction over crimes committed by military personnel in the

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    Dela Cruz Vs Moya

    Uploaded by

    Jhoel Villafuerte
    29 views1 page
    1) Petitioner Dela Cruz, a member of the AFP, led a mission to apprehend individuals engaged in illegal cockfighting. During the arrest, a scuffle ensued as the operators resisted arrest and followed the soldiers back to their headquarters. 2) Dela Cruz shot and killed Cabilto during the scuffle. He was charged with homicide but claimed the court martial had jurisdiction as the crime was committed in relation to his official duties. 3) The issue is whether the civil courts have jurisdiction over the criminal case against Dela Cruz. The ruling is that the court martial has exclusive jurisdiction, as the law in force at the time of the incident vested jurisdiction over crimes committed by military personnel in the

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    Dela Cruz vs Moya

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    1) Petitioner Dela Cruz, a member of the AFP, led a mission to apprehend individuals engaged in illegal cockfighting. During the arrest, a scuffle ensued as the operators resisted arrest and followed the soldiers back to their headquarters. 2) Dela Cruz shot and killed Cabilto during the scuffle. He was charged with homicide but claimed the court martial had jurisdiction as the crime was committed in relation to his official duties. 3) The issue is whether the civil courts have jurisdiction over the criminal case against Dela Cruz. The ruling is that the court martial has exclusive jurisdiction, as the law in force at the time of the incident vested jurisdiction over crimes committed by military personnel in the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views1 page

    Dela Cruz Vs Moya

    Uploaded by

    Jhoel Villafuerte
    1) Petitioner Dela Cruz, a member of the AFP, led a mission to apprehend individuals engaged in illegal cockfighting. During the arrest, a scuffle ensued as the operators resisted arrest and followed the soldiers back to their headquarters. 2) Dela Cruz shot and killed Cabilto during the scuffle. He was charged with homicide but claimed the court martial had jurisdiction as the crime was committed in relation to his official duties. 3) The issue is whether the civil courts have jurisdiction over the criminal case against Dela Cruz. The ruling is that the court martial has exclusive jurisdiction, as the law in force at the time of the incident vested jurisdiction over crimes committed by military personnel in the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Dela Cruz vs.

    Moya
    FACTS: Petitioner , a member of the AFP, together with other PC men, received a mission to proceed to
    brgy. Pangi, Maco, Sto. Tomas Davao for the purpose of verifying and apprehending persons who were
    allegedly engaged in illegal cockfighting. Caught in flagrante delicto, operators still resisted the arrest.
    Soldiers left the place bringing with them the evidence of the crime. On their way back to the PC
    Headquarters, operators followed them. Fighting ensued when they catched up on Tagum-Mati National
    Highway, in the scuffle, Dela Cruz shot Cabilto.
    Dela Cruz was charged with homicide in the CFI of Davao, in an information filed y the Provincial Fiscal.
    While the case was pending trial, PD No 1822 an 1822-A were promulgated vesting in courts matial
    jurisdiction over the crimes committed by members of AFP or PC in performance of their duties.
    Claiming that the crime for which he was charged was committed in relation to the performance of his
    duties, Dela Cruz filed with the Court of First Instance of Davao a motion to transfer the case to the
    military authorities so he could be tried by court martial. The motion was denied. Hence, the present
    petition.
    ISSUE: whether the civil courts have jurisdiction over the subject matter of Criminal Case No. 40080.
    RULING: NO. One of the essential requisites of a valid court proceeding is that the court hearing the case
    must have jurisdiction over the subject matter of the case. If the court is acting without jurisdiction, then
    the entire proceedings are null and void.
    Jurisdiction over the subject matter is determined by the statute in force at the time of the commencement
    of the action.
    In the present case, it is true that PD 1822 and 1822-A are inapplicable. However, what applies is General
    Order No. 59 applies as it was the law in force, where military tribunals created under General Order No.
    8 exercised exclusive jurisdiction over "(a)ll offenses committed by military personnel of the Armed
    Forces of the Philippines while in the performance of their official duty or which arose out of any act or
    omission done in the performance of their official duty; Provided, that for the purpose of determining
    whether an offense was committed while in the performance of official duty or whether it arose out of an
    act or omission done in the performance of official duty, a certificate issued by the Secretary of National
    Defense to that effect shall be conclusive unless modified or revoked by the President . . . "

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