RAMON RUFFY, ET AL.

, petitioners,
vs.
THE CHIEF OF STAFF, PHILIPPINE ARMY, ET AL., respondents.

G.R. No. L-533 August 20, 1946

Facts:

During the outbreak of war on December 8, 1941 against the Japanese invaders, Major
Ruffy was the provincial commander stationed in Mindoro. On February 27, 1942, the
Japanese army entered the vicinity of Mindoro. Major Ruffy did not surrender, instead,
he lead a guerilla outfit known as the Bolo combat team of Bolo area. During this time,
General Peralta Jr. succeeded in contacting General McArthur in Australia, as a result,
the 6th Military District was recognized by the Headquarters of the Southwest Pacific
Area as a military unit and part of its command. Major Ruffy was assigned as the acting
commander for the province of Marinduque and Mindoro on February 13, 1943. The 6th
military district sent Lieutenant Colonel Enrique Jurado to be the commanding officer.
On June 8, 1944 Major Ruffy was relieved of his assignment because of Lieutenant Col.
Jurado. Captain Beloncio replaced Major Ruffy. On October 19, 1944 Lieutenant Col.
Jurado was slain allegedly by the petitioners.

Issue:

Whether or not the petitioners are subject to military law at the time they commit the
offense.

Whether the 93d Article of War is unconstitutional as it deprives the Supreme Court of
its jurisdiction over offenses punishable by death or imprisonment for life.

Ruling:

Yes. The 2d Article of War defines and enumerates the persons subject to military law as follows:

Art. 2. Persons Subject to Military Law. — The following persons are subject to these articles and
shall be understood as included in the term “any person subject to military law” or “persons subject
to military law,” whenever used in these articles:

(a) All officers, members of the Nurse Corps and soldiers belonging to the Regular Force of the
Philippine Army; all reservists, from the dates of their call to active duty and while on such active
duty; all trainees undergoing military instructions; and all other persons lawfully called, drafted, or
order to obey the same;
(b) Cadets, flying cadets, and probationary third lieutenants;
(c) All retainers to the camp and all persons accompanying or serving with the Army of the
Philippines in the field in time of war or when martial law is declared though not otherwise subject to
these articles;
(d) All persons under sentences adjudged by courts-martial.

The petitioners were subject to military law at the time they commit the offense. The
petitioners were officers of Bolo area and the 6th Military district, operating under the
recognition of the US army. The petitioners assailed the constitutionality of 93rd article of
war which violated the Article VIII, section 2, paragraph 4, of the Constitution of the
Philippines stating that “the 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. This error arose from failure to perceive
the nature of courts martial and the sources of the authority for their creation. Thus the
petition has no merit and that it should be dismissed with costs.

No. Courts martial are agencies of executive character, and one of the authorities for the ordering
of courts martial has been held to be attached to the constitutional functions of the President as
Commander in Chief, independently of legislation. Unlike courts of law, they are not a portion of the
judiciary. Congress has the power to provide for the trial and punishment of military and naval
offenses in the manner then and now practiced by civilized nations.

Not belonging to the judicial branch of the government, it follows that courts-martial must
pertain to the executive department; and they are in fact simply instrumentalities of the executive
power, provided by Congress for the President as Commander in Chief, to aid him in properly
commanding the army and navy and enforcing discipline therein, and utilized under his orders or
those of his authorized military representatives.