PEREMPTORY CHALLENGE

The right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without
stating a reason. This challenge is distinguished from a "challenge for cause" (reason) based on the
potential juror admitting bias, acquaintanceship with one of the parties or their attorney, personal
knowledge about the facts, or some other basis for believing he/she might not be impartial. The number of
peremptory challenges for each side will differ based on state law, the number of parties to a case, and
whether it is a civil or criminal trial. The usual phrasing used by lawyers exercising the challenge is "Juror
number seven may be excused."

FACTS:

 This is a consolidated case (GR NO. 93177, 96945, 96948, 95020)of members of the AFP who
were charged with violation of Articles of War (AW) 67 (Mutiny), AW 96 (Conduct Unbecoming
an Officer and a Gentleman) and AW 94 (Various Crimes) in relation to Article 248 of the
Revised Penal Code (Murder) because they involve practically the same parties and related
issues arising from the same incident.
 Pre Trial investigation that was constituted Office Order No. 16 dated January 14, 1990.
 PTI issued a subpoena to submit counter affidavits within 10 days
 Failure to submit would deem a waiver of their right to submit controverting evidence.
 Motion for summary dismissal dated February 21, 1990.
 The PTI granted the accused 10 days to file their objection
 The petitioners moved through verbal reconsideration thus PTI granted them 7 days to submit
their counter affidavits.
 The petitioners were not able to comply and now claim that there was no pretrial investigation.
 The petitioners manifested that they were exercising their right to raise peremptory challenges
against the president and members of GCM No.14(martial law has been declared under
Proclamation No. 1081, dated September 21, 1972, and is now in effect throughout the land) by
invoking Article 18 of Com. Act No. 408. GCM No. 14 ruled, however, that peremptory
challenges had been discontinued under P.D. No.39.

ISSUE:

 WON, whether PD 39, which withdrew the right to peremptorily challenge members of a military
tribunal, had been rendered inoperative by PD 2045 proclaiming the termination of a state of
martial law.

HELD:

 On 27 September 1972, President Marcos issued General Order No. 8, The Chief Officer of the
armed forces to create military tribunals to “try and decide cases of military personnel”.

 He then promulgated PD No. 39 (Governing the creation, Composition, Jurisdiction, Procedure,

and other matters relevant to military Tribunals).

 Disallowance of Peremptory Challenge. Challenges for cause may be entertained to insure

impartiality and good faith. Challenges shall immediately be heard and determined by a
majority of the members excluding the challenged member. A tie vote does not disqualify the
challenged member. A successfully challenged member shall immediately be immediately
replaced.

 On 11 June 1978, President Marcos promulgated PD No 1496, (the National Security Code)
compilation and codification of decrees, general orders to meet the continuing threat the
existence, security and Stability of the State.

 PD 39 was embodied in PD No. 1496.

 President Marcos issued a Proclamation No 2045 - termination of the state martial law
throughout the Philippines.

 The” PROCLAMATION REVOKED GENERAL ORDER NO. 8 “

  Declared the dissolution of the military tribunals created.
 Since PD 39 was used in the implementation of General Order No. 8 and with the termination of
the martial law and dissolution of the military tribunals created thereunder, the reason of the
existence of PD No 39 ceases automatically.

When reason of law ceases, law itself ceases

• The reason which induced the legislature to enact a law is the
heart of the law
• Cessante ratione legis, cessat et ipsa lex – when the reason of
the law ceases, the law itself ceases
• Ratio legis est anima – reason of the law is its soul

Commendador v. De Villa
• Issue:
• Held: YES! The termination of the martial law and the
dissolution of military tribunals created thereunder, the
reason for the existence of PD 39 ceased automatically and
the decree itself ceased