Title
Clemency to AFP Officers Convicted in 2003
Law
General Order No. 9
Decision Date
Dec 18, 2007
Fifty-three officers of the Armed Forces of the Philippines involved in a failed mutiny are granted executive clemency, taking into account their motivation, remorse, and the President's power to grant clemency, resulting in their confinement until the date of the order's issuance and discharge from the military service without prejudice to separation benefits.
A

Q&A (GENERAL ORDER NO. 9)

They were convicted of violation of Article 97 of the Articles of War, which pertains to Conduct Prejudicial to Good Order and Military Discipline.

They participated in the failed mutiny on 27 July 2003 in Makati City.

The original sentence was confinement for seven years and six months and dishonorable discharge from the military service.

The court-martial granted them credit of three years for three mitigating circumstances and for time served since 28 July 2003.

Pursuant to Section 19, Article VII of the Constitution and Article 49 of the Articles of War, the President has absolute discretion and plenary power to grant executive clemency, and may remit or mitigate the whole or any part of the sentence.

The order remitted their confinement sentence up to the date of issuance and allowed discharge from the military service without prejudice to separation benefits.

No, they were motivated by patriotism and had no selfish intent to personally profit from their conduct.

Plea bargaining and acceptance of a guilty plea were accepted by the General Court-Martial No. 1 as part of the prosecution process for military offenses.

It defines and penalizes Conduct Prejudicial to Good Order and Military Discipline within the military service.

Executive clemency can remit or mitigate sentences, restoring certain rights or privileges, as exercised by the President in this case allowing officers to be discharged honorably and possibly remain in active service.


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