FACTS

In a letter-complaint to Secretary of Justice Franklin Drilon, General Renato de Villa who was then Chief of Staff of the AFP, requested DOJ to order the investigation of several individuals named therein, including private respondent Adaza, for their alleged participation in the failed December 1989 coup d’etat. The complaint is based on the affidavit.

There was a preliminary inquiry made by Special Composite Team of Prosecutors created by the DOJ finding that there is a probable cause to hold Adaza et al for trial for the crime of REBELLION WITH MURDER AND FRUSTRATED MURDER. Their Resolution became the basis for the filing of information.

Feeling aggrieved by the institution of proceedings against him, Adaza filed a complaint for damages before the RTC of Quezon City. In his complaint, Adaza charged petitioners with engaging in a deliberate, willful and malicious experimentation by filing against him a charge of rebellion complexed with murder and frustrated murder when petitioners, according to Adaza, were fully aware of the non-existence of such crime in the statute books.