G.R. No. 52159 - Pilapil vs. Court of Appeals

On October 13, 2004, the Provost Marshal General of the AFP issued a Restriction to Quarters order placing Major General Carlos F. Garcia under guard pending investigation for alleged violations of Articles of War 96 and 97.
On October 27, 2004, a Charge Sheet was filed before Special General Court-Martial No. 2, charging petitioner with:

Charge I – Violation of Article 96 (Conduct Unbecoming an Officer and Gentleman), with three specifications involving failure to declare assets and acquisition of U.S. permanent residency.
Charge II – Violation of Article 97 (Conduct Prejudicial to Good Order and Military Discipline), with two specifications concerning untruthful statements under oath in asset declarations.

On November 16, 2004, petitioner pleaded not guilty to all charges.
On November 18, 2004, the Chief of Staff directed petitioner’s transfer from quarters to the ISAFP Detention Center; on the same day, petitioner compulsorily retired at age 56 under P.D. No. 1650.
Pursuant to a June 1, 2005 Sandiganbayan order, petitioner was transferred to the Camp Crame Custodial Detention Center.

On December 2, 2005, the Special General Court-Martial No. 2, in closed session and by secret written ballot, found petitioner guilty on all specifications (with certain exceptions) and sentenced him to:

On March 27, 2006, the Staff Judge Advocate recommended approval of the sentence and credited preventive confinement from October 18, 2004, against the two-year term.

The AFP Board of Military Review recommended imposition only of mandatory penalties (dismissal and forfeiture), forwarding the case to the President for confirmation under Article 47, Article of War.
After over six years of preventive confinement, petitioner was released from Camp Crame on December 16, 2010.

On September 9, 2011, President Benigno S. Aquino III, as Commander-in-Chief and Confirming Authority, confirmed the two-year confinement sentence, ordering its immediate execution without remission for prior detention.
On September 15–16, 2011, the Secretary of National Defense implemented the confirmation; petitioner was arrested and detained at the National Penitentiary, Muntinlupa.
Petitioner filed a Rule 65 petition for certiorari (September 29, 2011) and a petition for habeas corpus; the Supreme Court denied habeas corpus on October 10, 2011, and denied reconsideration on December 12, 2011.

Whether the Office of the President acted with grave abuse of discretion, amounting to lack or excess of jurisdiction, in issuing the Confirmation of Sentence dated September 9, 2011.

Whether the General Court-Martial’s jurisdiction ceased upon petitioner’s retirement.
Whether the two-year confinement was already served by preventive imprisonment.
Whether the President had authority to impose or enforce the two-year confinement.