Case Digest (G.R. No. 174994)
Facts:
In the Matter of the Petition for a Writ of Habeas Corpus of the Person of Army Major Jason Laureano Aquino, G.R. No. 174994, August 31, 2007, Supreme Court Special Third Division, Chico‑Nazario, J., writing for the Court.Petitioner is Maria Fe S. Aquino (the detained officer's wife); the detained person is Army Major Jason Laureano Aquino; respondents are Lt. Gen. Hermogenes C. Esperon, AFP, in his capacity as Commanding General, Philippine Army, and the custodial officers at the Army Detention Center, Camp Capinpin, Tanay, Rizal. The petition seeks habeas corpus relief to secure Major Aquino’s release from military confinement.
The antecedent events began with allegations that on 3 February 2006 Major Aquino and several military officers met at a resthouse near Camp Tecson to plot breaching Camp Aguinaldo’s defense plan and taking over Army headquarters. On 24 February 2006 a troop movement was detected and some Scout Ranger personnel were apprehended. On 26 February 2006, amid reports of withdrawal of support for civilian leadership, Major Aquino was ordered arrested and confined at the Intelligence Service Group, Fort Bonifacio, by Order of Lt. Gen. Esperon, who also tasked an investigative panel to determine the circumstances of the alleged withdrawal, troop movement, and the culpability of implicated personnel.
The investigative panel’s report (submitted 4 March 2006) found indicia that implicated Major Aquino in an illegal troop movement and recommended relief from post and filing of charges, including violations of Article 67 (mutiny) and Article 97 (disorders prejudicial to good order). The Judge Advocate General’s Office (JAGO) reviewed the report and on 17 March 2006 found probable cause to charge Major Aquino with violations of Articles 67, 96 (conduct unbecoming), and 97, recommending separate specifications for publication/dissemination of a pamphlet and conduct tending to incite disobedience. A charge sheet was signed under oath and forwarded up the chain.
On 12 July 2006 Lt. Gen. Esperon ordered Major Aquino and others placed in confinement at the Philippine Army Detention Center, Camp Capinpin; on 20 July 2006 the charge sheet was amended to particularize specifications for Articles 67 and 96, and the AFP Judge Advocate General issued Office Order No. 14‑06 creating a Pre‑trial Investigation Panel which later served Major Aquino with a subpoena/notice to appear and submit counter‑affidavits. Major Aquino attended the pre‑trial proceeding.
On 21 July 2006 petitioner filed a petition for habeas corpus in the Court of Appeals (docketed CA‑G.R. SP No. 95341) to compel respondents to produce Major Aquino and justify his continued detention. After hearing, the Court of Appeals rendered a Decision dated 31 August 2006 denying the petition, reasoning that charges had been preferred against Major Aquino and that the writ was therefore unavailable; reconsideration was denied by Resolution dated 5 October 2006. Petitioner then filed this Petition for Review on Certiorari under Rule 45 of the Rules of Court to contest (1) whether preferment of the cha...(Subscriber-Only)
Issues:
- Whether or not the Court of Appeals erred in ruling that the preferment of the charge sheet against Army Major Aquino is equivalent to formally charging him as contemplated in Article 70 of the Articles of War?
- Whether or not the Court of Appeals erred in ruling that there is legal basis in placing Army Major Aquino in solitary confinement in a maximum security detention facility?
- Whether or not the Court of Appeals erred in ruling that Major Aquino’s solitary confinement in a maximum security detention facility is in accordance with t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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