GONZALES vs. ABAYA

G.R. No. 164007

August 10, 2006

FACTS:

Some armed members of the AFP had abandoned their designated places of assignment with an aim to destabilize the government. Thereafter, they entered the premises of the Oakwood Premier Luxury Apartments in Makati City, led by Navy Lt. Triplanes, disarmed the security guards, and planted explosive devices around the building.

DOJ filed with RTC of Makati City an Information for coup d’etat against those soldiers while respondent General Abaya issued a Letter Order creating a Pre-Trial Investigation Panel tasked to determine the propriety of filing with the military tribunal charges for violations of the Articles of War     

The Pre-Trial Investigation Panel recommended that, following the "doctrine of absorption," those charged with coup d’etat before the RTC should not be charged before the military tribunal for violation of the Articles of War.

RTC then issued an Order stating that "all charges before the court martial against the accused…are hereby declared not service-connected, but rather absorbed and in furtherance of the alleged crime of coup d’etat."

In the meantime, the AFP approved the recommendation that those involved be prosecuted before a general court martial for violation of Article 96 (conduct unbecoming an officer and a gentleman) of the Articles of War. The AFP Judge Advocate General then directed petitioners to submit their answer to the charge but instead they filed with this Court the instant Petition for Prohibition praying that respondents be ordered to desist from charging them with violation of Article 96 of the Articles of War maintaining that since the RTC has made a determination in its Order that the offense for violation of Article 96 of the Articles of War is not service-connected, but is absorbed in the crime of coup d’etat, the military tribunal cannot compel them to submit to its jurisdiction.

ISSUE:

Whether or not those charged with coup d’etat before RTC shall be charged before military tribunal for violation of Articles of War. (YES)

HELD:

1) As to the jurisdiction of the court

GENERAL RULE: Members of the AFP and other persons subject to military law who commit crimes or offenses penalized under the Revised Penal Code (like coup d’etat), other special penal laws, or local ordinances shall be tried by the proper civil court. 

EXCEPTION: Where the civil court, before arraignment, has determined the offense to be service-connected, then the offending soldier shall be tried by a court martial. 

EXCEPTION TO THE EXCEPTION: Where the President of the Philippines, in the interest of justice, directs before arraignment that any such crimes or offenses be tried by the proper civil court.

It bears stressing that the charge against the petitioners concerns the alleged violation of their solemn oath as officers to defend the Constitution and the duly-constituted authorities. Such violation allegedly caused dishonor and disrespect to the military profession. In short, the charge has a bearing of their professional conduct or behavior as military officers. Equally indicative of the "service-connected" nature of the offense is the penalty prescribed for the same (under Art. 96 of Articles of War) – dismissal from the service –imposable only by the military court.

The RTC, in making the declaration that Art 96 of Articles of War as “not sevice-connected, but rather absorbed and in furthenance of the crime of coup d’etat”, practically amended the law which expressly vests in the court martial the jurisdiction over "service-connected crimes or offenses." It is only the Constitution or the law that bestows jurisdiction on the court, tribunal, body or officer over the subject matter or nature of an action which can do so. Evidently, such declaration by the RTC constitutes grave abuse of discretion tantamount to lack or excess of jurisdiction and is, therefore, void. 

2) As to the Doctrine of Absorption of Crimes

Moreover, the doctrine of ‘absorption of crimes’ is peculiar to criminal law and generally applies to crimes punished by the same statute, unlike here where different statutes are involved. Secondly, the doctrine applies only if the trial court has jurisdiction over both offences. Here, Section 1 of R.A. 7055 deprives civil courts of jurisdiction over service-connected offenses, including Article 96 of the Articles of War. Thus, the doctrine of absorption of crimes is not applicable to this case.

*The above case digest is only a guide. I highly recommend that you read the FULL TEXT.