Benigno Aquino Jr. vs Military Commission No.

2, Chief of Staff, Chief Justice et al

On November 28, 2010 Martial Law Open Court Theory Military Courts In September 1972, after the declaration of Martial Law, Ninoy was arrested and was placed under custody. e was brou!ht "ort #onifacio. e filed for the issuance of the $rit of abeas %orpus which was denied by the S%. Ninoy then &uestioned the 'alidity of such denial and the declaration of martial law( at the same time he &uestioned the authority of the military court )No. 2* created )pursuant to +, 2-.* to try him and his other companions. e was bein! char!ed for ille!al possession of firearms, ammunition and e/plosi'es. e was also bein! char!ed for 'iolation of the .nti-Sub'ersion .ct and for murder. .ll were filed before the military court. Ninoy ar!ued that the military court has no 0urisdiction or ci'ilian courts are still operational. ISSU ! $hether or not Ninoy can be 'alidly char!ed before the military court. " #$! 1he S% upheld the power of the president to create military tribunals or military courts which are authori2ed to try not only military personnel but also ci'ilians e'en at that time ci'il courts were open and functionin!. 1he S% basically re0ected the 3open court4 theory obser'ed in the 5S..