G.R. No. 171855 Case Digest

G.R. No. 171855, October 15, 2012

Fe Rapsing, etc., petitioners

vs Hon. Jdge Maximino Ables, etc., respondents

Ponente: Peralta

Facts:

This is a petition for certiorari and prohibition seeking to set aside the orders of the RTC of Masbate.

Respondents are members of the Alpha Company, 22nd infantry Battalion of the Philippine Army in Masbate. Petitioners are widows of Rapsing, Villanueva and Aparejado, who were allegedly killed by the respondents.

Respondents alleged that on May 3, 2004, they received information about the presence of NPA partisans in Masbate. Acting on the information, they coordinated with the PNP and proceeded to the place. There, they encountered armed elements which resulted to an intense fire fight. After which, seven persons were named dead including the husbands of the petitioners.

Petitioners claimed that there was no encounter ensued. Hence, they requested the NBI to conduct investigation. NBI, relying on the statements of the witnesses who claim that the military massacred helpless and unarmed civilians recommended to the prosecutor of Masbate to conduct a preliminary investigation against the respondents for the crime of multiple murder.

Then, before the warrant of arrest of respondents was issued by the RTC Masbate, Judge advocate general's office of the AFP filed an Omnibus Motion seeking the case against respondents be transferred to the jurisdiction of the military tribunal, it was granted.

Petitioners then sought reconsideration of the order, but was denied by the RTC. Hence, this present petition.

Issue:

Whether Judge Ables abused his discretion amounting to excess of jurisdiction in granting the transfer.

Held:

Petition is meritorious. RTC abused its discretion in not taking cognizance of the case, which actually falls within its jurisdiction.

It is rule of the procedural law that jurisdiction over the subject matter of the case is conferred by law and is determined by the allegations of the complaint. what determines the jurisdiction of the court is the nature of the action pleaded as appearing in the complaint.

In this case, murder is a crime within the jurisdiction of the RTC. The military tribunals cannot exercise jurisdiction over this case because the offense charged is not included in the enumeration of the "service-connected offenses or crimes".