Title
De Leon vs. Esperon, Jr.
Case
G.R. No. 176394
Decision Date
Oct 21, 2015
A group of military officers petition to annul the creation of a Special General Court Martial and be released from detention after being charged for violations during a protest march against a former president, but the case is dismissed as moot and academic as the officers had already been found not guilty and released.
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Case Digest (G.R. No. 176394)

Facts:

  • The case involves several military officers: Col. Orlando E. De Leon, Col. Armando V. Baez, Lt. Col. Achilles S. Segumalian, Major Leomar Jose M. Doctolero, Captain William Victorino F. Upano, Major Jason L. Aquino, 1st Lieutenant Ervin C. Divinagracia, and Captain Joey T. Fontiveros.
  • They were petitioners against Lt. Gen. Hermogenes C. Esperon, Jr., Chief of Staff of the Armed Forces of the Philippines (AFP), and the Special General Court Martial No. 2.
  • The events began on February 24-26, 2006, when the military received reports of certain units planning to join a protest march against then-President Gloria Macapagal-Arroyo.
  • This led to a stand-off at the Philippine Marine Corps headquarters in Fort Bonifacio.
  • An Ad Hoc Investigating Committee (AHIC) was formed to investigate the incident and recommended that the petitioners be charged before a General Court Martial for violations of the Articles of War.
  • The petitioners were arrested, detained, and charged with various violations under the Articles of War.
  • They sought to annul the creation of the Special General Court Martial, arguing it violated their right to due process and that Lt. Gen. Esperon, Jr. had shown manifest partiality.
  • The case was brought to the Supreme Court after the petitioners were charged and detained, seeking relief through certiorari, prohibition, mandamus, and habeas corpus.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed the petitions on the ground of mootness.
  • The Special General Court Martial No. 2 had already rendered various resolutions finding the petitioners not guilty of the ch...(Unlock)

Ratio:

  • The Court found that the case had become moot and academic due to supervening events.
  • The Special General Court Martial No. 2 had already acquitted the petitioners of the charges under the Articles of War.
  • The p...continue reading

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