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    RODOLFO DELA CRUZ vs. Hon. FELIX L. MOYA

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    Christian Emil Reyes
    1) Rodolfo Dela Cruz, a member of the Armed Forces of the Philippines, was charged with homicide for allegedly killing a man during a police operation to apprehend illegal cockfighting operators. 2) Dela Cruz argued the case should be transferred to a military court based on presidential decrees giving jurisdiction over crimes committed by armed forces members during duties to courts martial. 3) The Supreme Court ruled the civil courts did not have jurisdiction, and the case against Dela Cruz should be filed in the proper military forum instead, since the killing occurred while Dela Cruz was performing his duties as a member of the Philippine Constabulary.

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    RODOLFO DELA CRUZ vs. Hon. FELIX L. MOYA

    Uploaded by

    Christian Emil Reyes
    146 views1 page
    1) Rodolfo Dela Cruz, a member of the Armed Forces of the Philippines, was charged with homicide for allegedly killing a man during a police operation to apprehend illegal cockfighting operators. 2) Dela Cruz argued the case should be transferred to a military court based on presidential decrees giving jurisdiction over crimes committed by armed forces members during duties to courts martial. 3) The Supreme Court ruled the civil courts did not have jurisdiction, and the case against Dela Cruz should be filed in the proper military forum instead, since the killing occurred while Dela Cruz was performing his duties as a member of the Philippine Constabulary.

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    1) Rodolfo Dela Cruz, a member of the Armed Forces of the Philippines, was charged with homicide for allegedly killing a man during a police operation to apprehend illegal cockfighting operators. 2) Dela Cruz argued the case should be transferred to a military court based on presidential decrees giving jurisdiction over crimes committed by armed forces members during duties to courts martial. 3) The Supreme Court ruled the civil courts did not have jurisdiction, and the case against Dela Cruz should be filed in the proper military forum instead, since the killing occurred while Dela Cruz was performing his duties as a member of the Philippine Constabulary.

    Copyright:

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

    RODOLFO DELA CRUZ vs. Hon. FELIX L. MOYA

    Uploaded by

    Christian Emil Reyes
    1) Rodolfo Dela Cruz, a member of the Armed Forces of the Philippines, was charged with homicide for allegedly killing a man during a police operation to apprehend illegal cockfighting operators. 2) Dela Cruz argued the case should be transferred to a military court based on presidential decrees giving jurisdiction over crimes committed by armed forces members during duties to courts martial. 3) The Supreme Court ruled the civil courts did not have jurisdiction, and the case against Dela Cruz should be filed in the proper military forum instead, since the killing occurred while Dela Cruz was performing his duties as a member of the Philippine Constabulary.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Reyes, Christian Emil B.

    Block B

    RODOLFO DELA CRUZ vs. Hon. FELIX L. MOYA


    160 SCRA 838
    April 27, 1988
    Cortes, J.

    FACTS:
    An information for the crime of homicide was filed by the Provincial Fiscal in the of First
    Instance Davao against petitioner Rodolfo Dela Cruz, a member of the Armed Forces of the
    Philippines assigned to the Intelligence and Operations Section of the 432nd PC Company. The
    petitioner allegedly killed Eusebio Cabilto during an operation to verify and apprehend
    operators of illegal cockfights in Barangay Pangi, Maco, Sto. Tomas, Davao. During pendency of
    the case, Presidential Decree Nos. 1822 and 1822-A were promulgated by President Marcos on
    January 16, 1981, which vested jurisdiction of courts martial over crimes committed by
    members of Philippine Constabulary and Armed Forces during performance of their duties.
    Then, the petitioner filed a motion to transfer the case to the military authorities but was
    denied.

    ISSUE:
    Whether or not the civil courts have jurisdiction over the case filed against Dela Cruz.

    RULING:
    No. The civil courts do not have jurisdiction over the case filed against Dela Cruz. The
    Supreme Court granted Dela Cruz’ petition and the proceedings in the CFI Davao were declared
    null and void, without prejudice of filing the proper action against him in proper forum. Under
    the Presidential Decree Nos. 1822 and 1822-A vesting in courts martial jurisdiction over crimes
    committed by members of the Armed Forces or of the Philippine Constabulary in performance
    of their duties. In the case at bar, it is not disputed that at the time of the commission of the
    alleged offense, petitioner Dela Cruz was a member of the Philippine Constabulary, and that the
    shooting of the deceased Cabilto was committed while petitioner was executing the Mission
    Order.

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