University of the Philippines College of Law

JEBJ, D2021

Topic Jurisdiction Definition

Case No. G.R. No. 171855 October 15, 2012
Case Name Rapsing v Ables
Ponente Justice Peralta
On May 4, 2004 at around 1pm respondents et. al. who were members of the 9 th Infantry
Division received information about the presence of armed elements (reportedly NPA) in Sitio
Gaway-Gaway, Barangay Lagta, Baleno Masbate. They then coordinated with the PNP and
proceeded to the area where a firefight ensued with alleged NPA fighters.

 Petitioners are the widows of some of the supposed fighters killed in the firefight who allege that
there was no encounter and that their husbands were summarily-executed in cold lood. Thus,
they requested the NBI investigate.

 Following the investigation, the NBI recommended the to the Provincial Prosecutor of the
Masbate to begin a preliminary investigation against respondents for the crime of multiple
murder. An information was filed on February 9, 2005 and respondents were charged on
February 15. A warrant of arrest was issued on July 28, 2005.

 Before respondents could be arrested the Judge Advocate Generals Office filed an Omibus
motion to transfer the records of the case to a military tribunal due to it being a case involving
servicemen. Judge Ables then granted the motion and the case records were transferred. The
petitioners tried to have the motion reconsidered but this was denied.

ISSUE
 W/N The Judge Ables acted with G.A.D in transferring the case to a military Court Martial
Court?
RATIO DECIDENDI

Issue
W/N The Judge Ables
acted with G.A.D in
transferring the case to a
military Court Martial
Court?
Ratio
YES.
1. The Court held that jurisdiction over subject matter of the case is
conferred by law ad is determined by the allegations of the
complaint. It is the nature of the action and not the defenses or
upon the motion to dismiss which grants jurisdiction.
2. The information filed by the Prosecutor of Masbate stated the
elements of the crime of Murder as laid out in RPC Article 248.
3. Thus irrespective of whether the killing was justified or not
jurisdiction to hear the case was with the RTC.
4. The contention that is should be a military tribunal does not
prosper as the definition of service-connected offense does not
include the killing of the alleged fighters. It was also stated that
under the records of RA 7055 unless crimes were service-
connected they would be tried under civilian courts.
University of the Philippines College of Law
JEBJ, D2021

RULING