RUFFY VS.

CHIEF OF STAFF

Ramon Ruffy was the provincial commander stationed in Mindoro at the outbreak of war on
December 8, 1941. When the Japanese forces landed in Mindoro on February 27, 1942, Mayor
Ruffy retreated to the mountains and organized and led a guerrilla outfit known as the Bolo
Combat team of Bolo Area. The case at bar is a petition for prohibition praying that respondents
be commanded to desist from further proceedings in the trial of the petitioners on the ground
that petitioners were not subject to military law at the time of offense.

ISSUE:
1. Are the petitioners subject to military law at the time of war and Japanese occupation?
2. Is 93d Article of War constitutional?

HELD:
Petitioners were subject to military jurisdiction as provided for in Article of War (2d). The Bolo
Area was a contingent of the 6th military district which had been recognized by the United States
army. The petitioners assailed the constitutionality of 93d Article of War on the ground that it
violates Article VIII Section 2 par. 4 of the Constitution which provides that “National Assembly
may not deprive the Supreme Court of its original jurisdiction over all criminal cases in which the
penalty imposed is death or life imprisonment”. The petitioners are in error for courts martial
are agencies of executive character and are not a portion of the judiciary. The petition thus has
no merits and is dismissed with costs.