Auro, Aldrix Levy F.

CrimPro 2nd case digest, 3rd week

Romero V. Chief of staff

G.R. No. 84076, February 20, 1989
Col. Antonio Q. Romero Et. Al., petitioner
VS
Chief of Staff AFP Brig. Gen. Manuel Casacalang Et. Al., respondents

Facts:
This factual backgrounds of this case stemmed from the unsuccessful coup d’etat done on
August 28 1987, giving birth to the suit “PP V. Honasan Et al” before the General Court-Martial in which
petitioners, all military personnel, were charged with Violation of the AW 67 being mutiny, 96 being
Conduct unbecoming of an officer and a gentlemen, 94 being various crimes in relation to art. 248 of the
RPC being murder, and art. 6 being consummated frustrated and attempted felonies. Petitioners
sought, among others, a writ of preliminary injunction or a TRO to enjoin respondents from continuing
with the court-martial proceedings against them, arguing that a great or irreparable injury would result
to them before their case could be heard.

Issue:
Whether or not the petitioner’s prayer for a TRO can be approved.

Ruling/Held:
No. As a rule, an Injunction cannot be granted to restrain a criminal prosecution, since public
interests requires criminal acts to be quickly investigated and prosecuted for the benefit and protection
of society. Such a rule is applicable in this case as it revolves around a coup which threatened the very
existence of the state that protected the people. The court-martial was thus ordered to dispose of the
case without further delay.