PETITION to review the decision of the Court of Appeals.
Lantin, J. The facts are stated in the opinion of the Court. Eugenio Q. Original for respondent R. Paredes. Raymundo Magat for respondent R. Ganzon.
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* EN BANC.
379
VOL. 202, OCTOBER 3, 1991 379
Drilon vs. Court of Appeals
SARMIENTO, J.:
The Department of Justice has brought
1 suit to annul the Decision of the Court of Appeals promulgated on October 25, 1989, prohibiting the Government from pursuing criminal actions against the private respondents for the death of Ireneo Longno and Lonely Chavez during early martial law. It appears that sometime in 1973, the private respondents were charged with double murder before Military Commission No. 34. On July 27, 1973, the military promulgated a decision acquitting Raul Paredes but sentencing 2 Rodolfo Ganzon to life imprisonment with hard labor. Paredes was thereupon released from custody while Ganzon was made to serve sentence until he was released on March3 25, 1978 and placed under house arrest under guard. In 1985, Ganzon joined the Kilusang Bagong Lipunan (KBL), the party in power, where he was designated as campaign manager. In 1988, administration having changed, then Secretary of Justice Sedfrey Ordoñez directed State Prosecutor Aurelio Trampe to conduct a preliminary investigation against the private respondents for the above murders. The private respondents moved for dismissal, in Ganzon's case, on the ground that he, Ganzon, had been extended an absolute pardon by the President Ferdinand Marcos, and he, having been previously convicted, can no longer be tried anew, and in Paredes' case, on the ground that he, Paredes, had been acquitted, Trampe, however, denied both requests and reconsideration having been likewise denied, the
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