Clemency to AFP officers for 2003 Oakwood Mutiny

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GENERAL ORDER NO. 10: Clemency to AFP officers for 2003 Oakwood Mutiny

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Title Supreme Court: 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.

granting executive clemency

military service

original sentence

A

Criminal Conviction of Nine AFP Officers for Coup d'Etat

Nine Armed Forces of the Philippines (AFP) officers were involved in the failed mutiny (Oakwood Incident) on 27 July 2003 in Makati City.
These officers pleaded guilty to coup d'etat.
Convictions by the Regional Trial Court of Makati City.
Sentences imposed include reclusion perpetua or indeterminate imprisonment of up to six years and one day.

Additional Court-Martial Convictions

Officers also found guilty of Conduct Unbecoming an Officer and a Gentleman under Article 96 of the Articles of War.
They pleaded guilty to this charge and were dishonorably discharged by General Court-Martial No. 1.

Expressions of Remorse and Request for Clemency

The convicted officers publicly apologized and expressed regret for their participation.
They sought forgiveness for damages caused to the AFP and the nation.
Filed petitions for executive clemency.

Presidential Power to Grant Executive Clemency

The President holds absolute discretion and plenary power to grant executive clemency under Section 19, Article VII of the 1987 Constitution.
Under Article 49 of the Articles of War, the President may remit or mitigate court-martial sentences.

Conditional Pardon Granted

President Gloria Macapagal-Arroyo granted conditional pardon to the nine convicted officers.
Officers named include Capt. Milo D. Maestrecampo, Capt. Gerardo O. Gambala, Capt. Albert T. Baloloy, Capt. John P. Andres, Capt. Alvin Ebreo, Capt. Laurence Luis B. Somera, 1LT Florentino B. Somera, 1LT Cleo B. Donga-As, and 2LT Kristoffer Bryan M. Yasay.

Conditions of the Pardon

Permanent and perpetual disqualification from rendering military service.
Prohibition against commission of any crime or felony, or participation in another coup d'etat or military adventurism.
Violation of these conditions will nullify the pardon and reinstate the original sentence.

Effectivity of the Pardon

The pardon takes effect only upon the express acceptance by each convicted officer.

Formal Proclamation

Issued in Manila on 12 May 2008.
Signed by President Gloria Macapagal-Arroyo and Executive Secretary Eduardo R. Ermita.

END