Rodolfo Dela Cruz, petitioner vs. Hon.

CFI Davao Judge Felix Moya, respondent

(G.R. No. 65192, 27 April 1988, 160 SCRA 838)
Doctrine One of essential requisites for a valid court proceeding is that court has jurisdiction
over the subject matter of case being heard, and jurisdiction over subject matter is determined by
the statute in force at time the action was commenced. The Court also ruled that General Order
No. 59 dated 24 June 1977 applies to Dela Cruzs case and PD 1822 and 1822-A are
inapplicable.
Thus, the criminal case proceedings in the CFI Davao are null and void due to the courts lack of
jurisdiction over subject matter and petitioner Dela Cruz should be tried under the military
tribunals created under General Order No. 59, as he was a member of the Philippine
Constabulary at the time the alleged offense was committed and he was executing the Mission
Order when he shot to death Eusebio Cabilto.
Type of Appeal/Action Petition for Certiorari and Mandamus was certified to the Supreme
Court by then Intermediate Appellate Court in its Resolution dated 30 August 1983, as the
petitioners appeal involved a pure question of law.
Facts On 2 August 1979, petitioner Rodolfo Dela Cruz, member of Armed Forces of the
Philippines and assigned to the Intelligence and Operations Section of 432nd Company of
Philippine Constabulary, was charged for crime of homicide in Court of First Instance Davao in
an information filed by the Provincial Fiscal on 2 August 1979, for allegedly killing Eusebio
Cabilto during an operation to verify and apprehend operators of illegal cockfights in Barangay
Pangi, Maco, Sto. Tomas, Davao. The case was filed as Criminal Case No. 40080.
During pendency of the case, Presidential Decree Nos. 1822 and 1822-A were promulgated by
Pres. Marcos on 16 January 1981, which vested jurisdiction of courts-martial over crimes
committed by members of (then) Philippine Constabulary and Armed Forces during performance
of their duties.
Dela Cruz claimed that his act was related to performance of his duties. Then, he filed a motion
to transfer the case to the military authorities so that he could be tried by a court martial, but his
motion was denied.
Hence, the present petition for Certiorari and Mandamus.
Issues Whether the civil courts have jurisdiction over case of homicide filed against Dela
Cruz?
Held The Supreme Court GRANTED Dela Cruzs 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.
Ruling The Supreme Court ruled that there was no dispute that Dela Cruz was a member of the
Philippine Constabulary at the time the alleged offense was committed, and he was executing the
Mission Order when he shot to death Eusebio Cabilto.

/archibald.manansala
Archibald Jose T. Manansala
CEU School of Law and Jurisprudence

Rodolfo Dela Cruz, petitioner vs. Hon. CFI Davao Judge Felix Moya, respondent
(G.R. No. 65192, 27 April 1988, 160 SCRA 838)
The Court ruled that General Order No. 59 dated 24 June 1977 applies to Dela Cruzs case and
PD 1822 and 1822-A are inapplicable.
The Court stated that one of essential requisites for a valid court proceeding is that court has
jurisdiction over the subject matter of case being heard, and jurisdiction over subject matter is
determined by the statute in force at time the action was commenced.
The 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.

/archibald.manansala
Archibald Jose T. Manansala
CEU School of Law and Jurisprudence