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SECOND DIVISION
BELLOSILLO, J.:
Footnotes:
1Decision penned by Judge Reynaldo G. Ros, RTC-Br. 80, Morong, Rizal, Crim. Case
No. 1507-T, prom. 5 March 1999.
2Records, p. 42.
5Medico-legal Report No. M-756-95, 30 June 1995, prepared by Dr. Jesusa N. Vergara,
P/Senior Inspector, Chief, Med-Legal Division, Crime Laboratory, National
Headquarters, Philippine National Police, Camp Crame, Quezon City.
6Records, p. 289.
7Accused-appellant contends that the lower court erred: (a) in not finding that he acted
in lawful self-defense; (b) in relying solely on the testimonies of the wife and the son of
the deceased; (c) in disregarding the testimonies of the defense witnesses; (d) in not
finding that he had no premeditated intention to kill the victim; (e) in presuming that
Sgt. Dino did not fire a gun at him first; (f) in denying his Motion to Quash the
Information and to re-investigate the case; and, (g) in taking cognizance of the action
when he, being a member of the AFP at the time of the killing, was outside its
jurisdiction.
8Sec. 1, CA 408, "An Act for Making Further and More Effectual Provision for the
National Defense by Establishing a System of Military Justice for Persons Subject to
Military Law," 14 September 1938.
9See Sec. 1, PD 1822, "Providing for the Trial by Courts-Martial of Members of the
Armed Forces Charged with Offenses Related to the Performance of their Duties," 16
January 1981.
12PD 1852, "Amending Sec. 1 of PD 1850 entitled 'Providing for the Trial by Courts-
Martial of Members of the Integrated National Police and Further Defining the
Jurisdiction of Courts-Martial over Members of the Armed Forces of the Philippines,'" 5
September 1984.
13"An Act Strengthening Civilian Supremacy over the Military by Returning to the Civil
Courts the Jurisdiction over Certain Offenses involving Members of the Armed Forces of
the Philippines, other Persons Subject to Military Law, and the Members of the
Philippine National Police, Repealing for the Purpose Certain Presidential Decrees,"
O.G. 87, No. 34, 26 August 1991.
14Ibid.
15Art. 71. Charges; action upon. x x x No charge shall be referred for trial until after a
thorough and impartial investigation thereof shall have been made. This investigation
will include inquiries as to the truth of the matter set forth in said charges, form of
charges, and what disposition of the case should be made in the interest of justice and
discipline. At such investigation full opportunity shall be given to the accused to cross-
examine witnesses against him if they are available and to present anything he may
desire in his own behalf, either in defense or mitigation, and the investigating officer
shall examine available witnesses requested by the accused. If the charges are
forwarded after such investigation, they shall be accompanied by a statement of the
substance of the testimony taken on both sides x x x (CA 408).
20Id., p. 14.
21Id., p. 6.
Short Title
People of the Philippines, vs. Sgt. Rogelio Repiroga
G.R. Number
Date of Promulgation
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