G.R. No. 174994 - Aquino vs. Esperon

Major Jason Laureano Aquino, an officer of the First Scout Ranger Regiment under the Special Operation Command of the Philippine Army, was alleged to have participated in a plot to breach the Camp Defense Plan of Camp General Emilio Aguinaldo and to take over both Camp Aguinaldo and the Headquarters of the Philippine Army.

On 3 February 2006, Major Aquino, together with military personnel including Major Leomar Jose M. Doctolero, Captain Joey T. Fontiveros, Captain Montano B. Aldomovar, Captain Isagani Criste, and Captain James Sababan, allegedly met at Captain Aldomovar’s resthouse in Camp Tecson, San Miguel, Bulacan to discuss plans that would undermine the military chain of command and support opposition to President Gloria Macapagal-Arroyo.

In response to allegations of insubordination and unauthorized troop movements, Lt. Gen. Hermogenes C. Esperon ordered an investigation on 26 February 2006.

The investigation sought to determine the veracity of reports of troop movements and to ascertain the responsibility of the accused.

A panel of investigators was formed, which eventually produced an Investigation Report outlining irregular troop movement and implicating Major Aquino.

Based on the panel’s findings, the report recommended disciplinary actions against implicated personnel, including the relief of officers and the filing of charges before the General Court Martial for violations of Articles 67 (Attempting to Begin or Create Mutiny) and 97 (Disorders and Neglects Prejudicial to Good Order and Military Discipline).

The Judge Advocate General’s Office (JAGO) reviewed the panel report on 17 March 2006 and found probable cause against Major Aquino for violations of Article 96 (Conduct Unbecoming an Officer and a Gentleman), in addition to the earlier alleged mutiny charges.

Based on these findings, Col. Jose R. Recuenco signed a charge sheet under oath against Major Aquino, which was later amended on 20 July 2006 to include detailed specifications regarding the charges.

Subsequently, a Pre-trial Investigation Panel was constituted under Office Order Number 14-06, and Major Aquino was summoned to appear before this panel.

On 26 February 2006, following the investigation findings and orders from Lt. Gen. Esperon, Major Aquino was arrested and confined at the Intelligence Service Group in Fort Bonifacio, Taguig. Later, on 12 July 2006, he was transferred to the Philippine Army Detention Center at Camp Capinpin, Tanay, Rizal.

On 21 July 2006, petitioner Maria Fe S. Aquino filed a Petition for Habeas Corpus before the Court of Appeals (docketed as CA-G.R. SP No. 95341), challenging both the legality of Major Aquino’s confinement and the argument that charges had not been formally “filed” pursuant to Article 70 of the Articles of War.

The petitioner contended that since a formal charge had not been filed (but merely “preferred” via the charge sheet), Major Aquino’s confinement was unlawful.

Additional allegations were made regarding the conditions of confinement, with claims that Major Aquino was subjected to solitary confinement in a maximum security detention facility rather than being restricted merely to his barracks, quarters, or tent as mandated by Article 70 of the Articles of War.

The petitioner further argued that these conditions amounted to an extreme and punitive measure, effectively treating Major Aquino as a convicted criminal.

Whether or not the preferment of the charge sheet against Major Aquino is equivalent to formally charging him as mandated by Article 70 of the Articles of War.
Whether or not there is a legal basis for placing Major Aquino in solitary confinement within a maximum security detention facility under the provisions of Article 70.
Whether or not the manner of confinement imposed on Major Aquino conforms to the requirements of Article 70 of the Articles of War.