G.R. No.

L-533             August 20, 1946

RAMON RUFFY, ET AL., petitioners,
vs.
THE CHIEF OF STAFF, PHILIPPINE ARMY, ET AL., respondents.
FACTS:
of war on December 8, 1941, Ramon Ruffy was the Provincial Commander, Prudente M. Francisco,
a junior officer, and Andres Fortus, a corporal, all of the Philippine Constabulary garrison stationed in
Mindoro. When, on February 27, 1942, the Japanese forces landed in Mindoro, Major Ruffy
retreated to the mountains instead of surrendering to the enemy, disbanded his company, and
organized and led a guerrilla outfit known as Bolo Combat team of Bolo Area. Lieutenant Francisco,
Corporal Fortus and Jose L. Garcia, the last then a civilian joined Major Ruffy's organization towards
the latter part of 1942, while Dominador Adeva and Victoriano Dinglasan, then likewise civilians,
became its members some time in 1943..

According to a memorandum of the Chief of Staff, 6th Military District, dated January 1943, and
signed by L.R. Relunia, Lieut. Col., CE, Chief of Staff, Jose L. Garcia and Dominador Adeva were
appointed 3d lieutenants, infantry as of December 31, 1942. Garcia later was promoted to the rank
of captain, effective March 15, 1943, as per Special Orders No. 82, issued in the field, 6th Military
District, and dated August 28, 1943. On May 24, 1943, Jose L. Garcia took his oath before Captain
Esteban P. Beloncio, then Acting Commanding Officer, 3d Battalion, 66th Infantry Regiment, 61st
Division, 6th Military District.
As has been said, the 6th Military District sent Lieut. Col. Enrique L. Jurado to be Commanding
Officer of the Bolo Combat Team in Mindoro and to undertake other missions of Military character.
Pursuant to instructions, Colonel Jurado on November 2, 1943, assigned Major Ruffy as
Commanding Officer of the Bolo Area with 3d Lieut. Dominador Adeva and 2d Lieut. Prudente M.
Francisco as members of his staff and Victoriano Dinglasan as Finance Officer, as per Special
Orders No. 99 dated November 2, 1943. In a memorandum of Colonel Jurado for Major Ruffy
bearing date 25 June, 1944, it was stated that Captain Garcia had been given P5,000 for palay and
Lieut. Francisco P9,000, P5,000 for palay and P4,000 for salary of the personnel B. Company.
A change in the command of the Bolo Area was effected by Colonel Jurado on June 8, 1944: Major
Ruffy was relieved of his assignment as Commanding Officer, Bolo Battalion, and Capt. Esteban P.
Beloncio was put in Ruffy's place. On October 19, 1944, Lieut. Col. Jurado was slain allegedly by the
petitioners. After the commission of this crime, the petitioners, it is alleged, seceded from the 6th
Military District. It was this murder which gave rise to petitioner's trial, the legality of which is now
being contested.
ISSUE
1) Whether or not that the petitioners were not subject to military law at the time the offense for
which they had been placed on trial was committee?
2) Whether or not that the 93d Article of War is unconstitutional?

RULING

The petitioner is subject to military law because of the 2nd article of war. The 93rd article of war is
constitutional because The silence of the law as to the power of the Supreme Court to review the
decisions and proceedings of courts-martial, especially when the penalty imposed is death or life
imprisonment, should not be understood as negating such power, much more when it is recognized
and guaranteed by specific provisions of the fundamental law. At any rate, any doubt in interpreting
the silence of the law must be resolved in favor of a construction that will make the law
constitutional.