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Aquino JR Vs Military Commission 2
Aquino JR Vs Military Commission 2
Aquino JR Vs Military Commission 2
FACTS
Following the proclamation of martial law in the Philippines, petitioner was arrested on
September 23, 1972, pursuant to General Order No. 2-A of the President for complicity in a
conspiracy to seize political and state power in the country and to take over the Government.
He was detained at Fort Bonifacio in Rizal province
On September 25, 1972, he sued for a writ of habeas corpus 1 in which he questioned the
legality of the proclamation of martial law and his arrest and detention.
This Court issued a writ of habeas corpus, returnable to it, and required respondents to file
their respective answers, after which the case was heard. Thereafter, the parties submitted
their memoranda. Petitioner's last Reply memorandum was dated November 30, 1972. On
September 17, 1974, this Court dismissed the petition and upheld the validity of martial law
and the arrest and detention of petitioner.
ISSUE
W/N the military commissions have jurisdiction to try him, alone or together with others, for illegal
possession of firearms, ammunition and explosives, for violation of the Anti-Subversion Act and for
murder
Schwartz: "The immunity of civilians from military jurisdiction must, however, give way in areas
governed by martial law. When it is absolutely imperative for public safety, legal processes can be
superseded and military tribunals authorized to exercise the jurisdiction normally vested in court."