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GUDANI v. SENGA

This case has been cited 2 times or more.

2012-07-30
PERALTA, J.
It is indisputable that petitioner was an officer in the active service of the AFP in March 2003 and 2004, when the alleged violations were committed. The charges were filed on October 27, 2004 and he was arraigned on November 16, 2004. Clearly, from the time the violations were committed until the time petitioner was arraigned, the General Court Martial had jurisdiction over the case. Well-settled is the rule that jurisdiction once acquired is not lost upon the instance of the parties but continues until the case is terminated.[21] Therefore, petitioner's retirement on November 18, 2004 did not divest the General Court Martial of its jurisdiction. In B/Gen. (Ret.) Francisco V. Gudani, et al. v. Lt./Gen. Generoso Senga, et al.,[22] this Court ruled that: This point was settled against Gen. Gudani's position in Abadilla v. Ramos, where the Court declared that an officer whose name was dropped from the roll of officers cannot be considered to be outside the jurisdiction of military authorities when military justice proceedings were initiated against him before the termination of his service. Once jurisdiction has been acquired over the officer, it continues until his case is terminated. Thus, the Court held:
2008-03-25
LEONARDO-DE CASTRO, J.
At bar is a petition for certiorari under Rule 65 of the Rules of Court assailing the show cause Letter[1] dated November 22, 2007 and contempt Order[2] dated January 30, 2008 concurrently issued by respondent Senate Committees on Accountability of Public Officers and Investigations,[3] Trade and Commerce,[4] and National Defense and Security[5] against petitioner Romulo L. Neri, former Director General of the National Economic and Development Authority (NEDA).