Case Summary (G.R. No. 95536)
Petitioner
Major General Carlos F. Garcia, AFP (Ret.), formerly on active service until compulsory retirement upon reaching age 56 and after 30 years of service.
Respondents
- The Executive Secretary, representing the Office of the President (Confirming Authority).
- Secretary of National Defense Voltaire T. Gazmin.
- Chief of Staff, AFP, Gen. Eduardo S. Oban, Jr.
- Lt. Gen. Gaudencio S. Pangilinan, AFP (Ret.), Director, Bureau of Corrections.
Key Dates
• March 2003 & March 2004 – Alleged nondisclosure of assets.
• October 27, 2004 – Charges filed.
• November 16, 2004 – Arraignment; petitioner pleads not guilty.
• November 18, 2004 – Transfer to ISAFP Detention; compulsory retirement.
• December 2, 2005 – GCM verdict of guilt; sentence: dishonorable discharge, forfeiture of pay, two years’ hard labor confinement.
• September 9, 2011 – Presidential Confirmation of Sentence.
• September 15, 2011 – Arrest to enforce confinement at National Penitentiary.
• September 29, 2011 – Petition for Certiorari filed with the Supreme Court.
Applicable Law
• 1987 Philippine Constitution (President’s military powers; right to speedy disposition)
• Commonwealth Act No. 408, as amended (Articles of War)
• Presidential Decree No. 1638, as amended by P.D. No. 1650 (retirement rules)
• Executive Order No. 178 (Manual for Courts-Martial)
• Revised Penal Code, Article 29 (credit for preventive imprisonment)
Factual and Procedural Background
Petitioner was placed under restriction to quarters in October 2004, charged with non-disclosure of substantial assets and acquiring U.S. permanent residency. Following a closed GCM trial in December 2005, he was convicted on all specifications and sentenced. The Staff Judge Advocate and AFP Board of Military Review recommended confirmation with credit for preventive confinement. Six years later, President Aquino III confirmed the two-year confinement anew without expressly crediting prior detention. Petitioner was arrested on the basis of that confirmation and filed for certiorari, challenging jurisdiction, legality of the confinement term, and lapse of sentence.
Issue
Whether the President, in confirming the GCM sentence on September 9, 2011, acted with grave abuse of discretion or lacked jurisdiction—particularly given petitioner’s retirement and prior preventive detention.
Jurisdiction of the General Court-Martial
Under Article 2, Commonwealth Act No. 408, military jurisdiction attaches when the offense occurs and endures until case termination. Jurisdiction once acquired by arraignment in November 2004 remained effective despite petitioner’s compulsory retirement that same day. Precedent (Abadilla v. Ramos; Gudani v. Senga) confirms that retirement does not terminate jurisdiction over offenses and proceedings initiated prior to separation.
Presidential Confirmation Authority
Article 47 of the Articles of War requires Presidential confirmation of sentences involving general officers. This power necessarily includes approving or disapproving findings or parts of the sentence (Article 48) and mitigating or remitting punishments (Article 49). The President’s action in confirming petitioner’s sentence fell squarely within these constitutional and statutory powers and was not shown to be arbitrary or despotic.
Credit for Preventive Confinement
Although the Articles of War and Manual for Courts-Martial do not expressly provide for deducting preventive detention, the Court applied the supplemental rule under Revised Penal Code Article 29. In line with the Staff Judge Advocate’s and Reviewing Authority’s recommendations, petitioner’s six-year preventive confinement should be credited against the two-year sentence. Failure to do so would contravene the principle that penal statutes are to be construed in favor of the accused
...continue readingCase Syllabus (G.R. No. 95536)
Facts
- On October 13, 2004, a Restriction to Quarters order was issued under Article of War 70, placing petitioner under guard pending investigation and barring him from leaving quarters without express permission.
- A Charge Sheet (October 27, 2004) before Special General Court Martial No. 2 accused petitioner of:
• Charge I – Violation of the 96th Article of War (Conduct Unbecoming an Officer and Gentleman), with three specifications alleging failure to declare assets for 2002 and 2003, and acquisition of U.S. permanent-resident status.
• Charge II – Violation of the 97th Article of War (Conduct Prejudicial to Good Order and Military Discipline), with two specifications alleging false statements under oath in the same 2002 and 2003 asset declarations. - Petitioner pleaded not guilty on November 16, 2004; the Chief of Staff directed transfer to ISAFP Detention Center on November 18, 2004.
- On November 18, 2004, petitioner compulsorily retired at age 56 under P.D. No. 1650 amendments to P.D. No. 1638.
- On June 1, 2005, Sandiganbayan Second Division ordered transfer to Camp Crame Custodial Detention Center.
Trial and Sentence
- December 2, 2005: After-Trial Report read; Special General Court Martial found petitioner guilty on all specifications (except certain “dollar deposits” clauses) and sentenced him to:
• Dishonorable discharge
• Forfeiture of all pay and allowances
• Two (2) years’ confinement at hard labor - March 27, 2006: Staff Judge Advocate Review recommended approval, crediting preventive detention from October 18, 2004, to expire October 18, 2006, and placement in PNP Camp Crame facility thereafter.
- The AFP Board of Military Review endorsed dismissal and forfeiture penalties to the President for confirmation under Article 47, Articles of War.
Confirmation and Implementation
- December 16, 2010: Petitioner released from Camp Crame after more than six years’ preventive detention.
- September 9, 2011: President Benigno S. Aquino III, as Commander-in-Chief, confirmed the court-martial sentence, ordering two years’ confinement in a penitentiary and expressly disallowing remission for prior detention.
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