Ruffy vs Chief of Staff

G.R. No. L-533

75 Phil 875

August 20, 1956

Petitioners: Ramon Ruffy, et al. 

Respondents: The Chief of Staff, et al.

FACTS: During the Japanese insurrection in the Philippines, military men were assigned at designated camps or military bases all over the country.  Japanese forces went to Mindoro thus forcing petitioner and his band move up the mountains and organize a guerilla outfit and call it the "Bolo area". A certain Capt. Beloncio relieved Ruffy and fellow petitioners of their position and duties in the "Bolo area" by the new authority vested upon him because of the recent change of command. Capt. Beloncio was thus allegedly slain by Ruffy and his fellow petitioners. 

ISSUE: Whether or not the petitioners were subject to military law at the time the offense was committed, which was at the time of war and the Japanese occupancy.

HELD: The Court held that the petitioners were still subject to military law since members of the Armed Forces were still covered by the National Defense Act, Articles of War and other laws even during an occupation. The act of unbecoming of an officer and a gentleman is considered as a defiance of 95th Article of War held petitioners liable to military jurisdiction and trial. Moreover, they were operating officers, which makes them even more eligible for the military court's jurisdiction. 

In consideration of the foregoing, the petition has no merit and should be dismissed. Thus, the petition is hereby DENIED. 

• Constitutional Law 1: State Functions / Concept of State (Textbook: Cruz, Professor: Atty. Usita)

♥ Reese Corpuz