Dela Cruz vs.

Moya
FACTS: Petitioner , a member of the AFP, together with other PC men, received a mission to proceed to
brgy. Pangi, Maco, Sto. Tomas Davao for the purpose of verifying and apprehending persons who were
allegedly engaged in illegal cockfighting. Caught in flagrante delicto, operators still resisted the arrest.
Soldiers left the place bringing with them the evidence of the crime. On their way back to the PC
Headquarters, operators followed them. Fighting ensued when they catched up on Tagum-Mati National
Highway, in the scuffle, Dela Cruz shot Cabilto.
Dela Cruz was charged with homicide in the CFI of Davao, in an information filed y the Provincial Fiscal.
While the case was pending trial, PD No 1822 an 1822-A were promulgated vesting in courts matial
jurisdiction over the crimes committed by members of AFP or PC in performance of their duties.
Claiming that the crime for which he was charged was committed in relation to the performance of his
duties, Dela Cruz filed with the Court of First Instance of Davao a motion to transfer the case to the
military authorities so he could be tried by court martial. The motion was denied. Hence, the present
petition.
ISSUE: whether the civil courts have jurisdiction over the subject matter of Criminal Case No. 40080.
RULING: NO. One of the essential requisites of a valid court proceeding is that the court hearing the case
must have jurisdiction over the subject matter of the case. If the court is acting without jurisdiction, then
the entire proceedings are null and void.
Jurisdiction over the subject matter is determined by the statute in force at the time of the commencement
of the action.
In the present case, it is true that PD 1822 and 1822-A are inapplicable. However, what applies is General
Order No. 59 applies as it was the law in force, where military tribunals created under General Order No.
8 exercised exclusive jurisdiction over "(a)ll offenses committed by military personnel of the Armed
Forces of the Philippines while in the performance of their official duty or which arose out of any act or
omission done in the performance of their official duty; Provided, that for the purpose of determining
whether an offense was committed while in the performance of official duty or whether it arose out of an
act or omission done in the performance of official duty, a certificate issued by the Secretary of National
Defense to that effect shall be conclusive unless modified or revoked by the President . . . "