Title
Clemency to AFP officers for 2003 Oakwood Mutiny
Law
General Order No. 10
Decision Date
May 12, 2008
General Order No. 10 grants executive clemency to nine officers convicted of coup d'etat, but with the condition that they are permanently disqualified from military service and will have their original sentence reinstated if they violate the conditions.
A

Q&A (GENERAL ORDER NO. 10)

The basis for granting executive clemency is the President's absolute discretion and plenary power under Section 19, Article VII of the 1987 Constitution of the Philippines.

The nine officers were convicted of coup d'etat for their participation in the 27 July 2003 Oakwood Incident.

They were sentenced to either reclusion perpetua or an indeterminate penalty of six years and one day, as maximum.

They were also found guilty of violation of Article 96 (Conduct Unbecoming an Officer and a Gentleman) of the Articles of War.

The penalty was dishonorable discharge from the Armed Forces of the Philippines.

The conditions are: 1) permanent and perpetual disqualification from rendering military service, and 2) they shall not commit any crime or felony or participate in a coup d'etat or other forms of military adventurism.

If any condition is violated, the original sentence imposed shall again be in full force and effect.

Under Article 49 of the Articles of War, the President may remit or mitigate any part of the sentence adjudged by a court-martial.

Their public apology and expression of regret were factors considered in granting the conditional pardon, demonstrating remorse and promoting national reconciliation.

The conditional pardon takes effect for each officer upon their express acceptance of the pardon.


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