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This document summarizes a case involving military officers involved in an attempted coup against the President in 2003. The officers occupied a luxury apartment building and demanded the President's resignation. They were later convinced to surrender. The officers were charged with coup d'etat in civilian court but also faced charges in a military tribunal for conduct violations. The officers argued the military charges were absorbed by the civilian charges. The court ultimately ruled the conduct charges were service-connected and the military tribunal had jurisdiction over those charges.
This document summarizes a case involving military officers involved in an attempted coup against the President in 2003. The officers occupied a luxury apartment building and demanded the President's resignation. They were later convinced to surrender. The officers were charged with coup d'etat in civilian court but also faced charges in a military tribunal for conduct violations. The officers argued the military charges were absorbed by the civilian charges. The court ultimately ruled the conduct charges were service-connected and the military tribunal had jurisdiction over those charges.
This document summarizes a case involving military officers involved in an attempted coup against the President in 2003. The officers occupied a luxury apartment building and demanded the President's resignation. They were later convinced to surrender. The officers were charged with coup d'etat in civilian court but also faced charges in a military tribunal for conduct violations. The officers argued the military charges were absorbed by the civilian charges. The court ultimately ruled the conduct charges were service-connected and the military tribunal had jurisdiction over those charges.
ABAYA and directed the AFP to conduct its own separate
investigation. FACTS: On August 5, 2003, the DOJ filed with the On July 26, 2003, President Gloria Macapagal Regional Trial Court (RTC), Makati City an Arroyo received intelligence reports that some Information for coup detat against those members of the AFP had abandoned their soldiers. designated places of assignment. Respondent Chief of Staff issued Letter Order Their aim was to destabilize the government. The No. 625 creating a Pre-Trial Investigation Panel President then directed the AFP and the tasked to determine the propriety of filing with Philippine National Police (PNP) to track and the military tribunal charges for violations of the arrest them. Articles of War under Commonwealth Act No. On July 27, 2003 at around 1:00 a.m., more than 408 against the same military personnel. 300 heavily armed junior officers and enlisted Specifically, the charges are: (a) violation of men of the AFP entered the premises of the Article 63 for disrespect toward the President, the Oakwood Premier Luxury Apartments on Ayala Secretary of National Defense, etc., (b) violation Avenue, Makati City. They disarmed the security of Article 64 for disrespect toward a superior guards and planted explosive devices around the officer, (c) violation of Article 67 for mutiny or building. sedition, (d) violation of Article 96 for conduct The troops, through broadcast media, announced unbecoming an officer and a gentleman, and (e) their grievances against the administration of violation of Article 97 for conduct prejudicial to President Gloria Macapagal Arroyo, such as the good order and military discipline. graft and corruption in the military, the illegal Of the original 321 accused, 148 filed an sale of arms and ammunition to the "enemies" of Omnibus Motion praying that the said trial court the State, and the bombings in Davao City assume jurisdiction over all the charges filed with intended to acquire more military assistance from the military tribunal invoking Republic Act the US government. (R.A.) No. 7055. They declared their withdrawal of support from Petitioners filed with the Judge Advocate their Commander-in-Chief and demanded that Generals Office (JAGO) a motion praying for she resign as President of the Republic. the suspension of its proceedings until after the President Arroyo issued Proclamation No. 427 RTC shall have resolved their motion to assume declaring a state of rebellion, followed by jurisdiction. General Order No. 4 directing the AFP and PNP The Pre-Trial Investigation Panel submitted its to take all necessary measures to suppress the Initial Report to the AFP Chief of Staff rebellion then taking place in Makati City. recommending that the military personnel The government sent negotiators to dialogue with involved in the Oakwood incident be charged the soldiers. The aim was to persuade them to before a general court martial with violations of peacefully return to the fold of the law. After Articles 63, 64, 67, 96, and 97 of the Articles of several hours of negotiation, the government War. panel succeeded in convincing them to lay down The DOJ, after conducting a reinvestigation, their arms and defuse the explosives placed found probable cause against only 31 of the 321 around the premises of the Oakwood Apartments. accused and filed with the RTC an Amended The National Bureau of Investigation (NBI) Information, which the RTC admitted so it investigated the incident and recommended that dropped the charge of coup detat against the 290 the military personnel involved be charged accused. with coup detat defined and penalized under On December 12, 2003, the Pre-Trial Article 134-A of the Revised Penal Code, as Investigation Panel submitted its Final Pre-Trial amended. Investigation Report to the JAGO, Pursuant to Article 70 of the Articles of War, recommending that, following the "doctrine of respondent General Narciso Abaya, then AFP absorption," those charged with coup Chief of Staff, ordered the arrest and detention of detat before the RTC should not be charged the soldiers involved in the Oakwood incident before the military tribunal for violation of the Articles of War. For its part, the RTC, on February 11, 2004, in Articles 54 to 70, Articles 72 to 92, and issued an Order stating that "all charges before Articles 95 to 97" of the Articles of War. the court martial against the accusedare hereby Violations of these specified Articles are triable declared not service-connected, but rather by court martial. This delineates the jurisdiction absorbed and in furtherance of the alleged crime between the civil courts and the court martial over of coup detat." The trial court then proceeded to crimes or offenses committed by military hear petitioners applications for bail. personnel. Colonel Julius A. Magno, in his capacity as Such delineation of jurisdiction by R.A. No. 7055 officer-in-charge of the JAGO, reviewed the is necessary to preserve the peculiar nature of findings of the Pre-Trial Investigation Panel. He military justice system over military personnel recommended that 29 of the officers involved in charged with service-connected offenses. The the Oakwood incident, including petitioners, be military justice system is disciplinary in nature, prosecuted before a general court martial for aimed at achieving the highest form of discipline violation of Article 96 (conduct unbecoming an in order to ensure the highest degree of military officer and a gentleman) of the Articles of War. efficiency. Petitioners maintain that since the RTC has made Here, petitioners are charged for violation of a determination in its Order of February 11, 2004 Article 96 (conduct unbecoming an officer and a that the offense for violation of Article 96 gentleman) of the Articles of War before the court (conduct unbecoming an officer and a gentleman) martial, thus: of the Articles of War is not service-connected, o ART. 96. Conduct Unbecoming an but is absorbed in the crime of coup detat, the Officer and Gentleman. Any officer, military tribunal cannot compel them to submit to member of the Nurse Corps, cadet, flying its jurisdiction. cadet, or probationary second lieutenant, who is convicted of conduct unbecoming ISSUE: an officer and a gentleman shall W/N the petitioners are entitled to the writ of prohibition be dismissed from the service. The offense for violation of Article 96 of the RULING: Articles of War is service-connected. NO. The charge against the petitioners concerns the alleged violation of their solemn oath as There is no dispute that petitioners, being officers officers to defend the Constitution and the duly- of the AFP, are subject to military law. Pursuant constituted authorities. Such violation to Article 1 (a) of Commonwealth Act No. 408, allegedly caused dishonor and disrespect to the as amended, otherwise known as the Articles of military profession. War, the term "officer" is "construed to refer to a There is no merit in petitioners argument that commissioned officer." they can no longer be charged before the court Section 1 of R.A. No. 7055 is clear. First, it lays martial for violation of Article 96 of the Articles down the general rule that members of the AFP of War because the same has been declared by the and other persons subject to military law, RTC as "not service-connected, but rather including members of the Citizens Armed Forces absorbed and in furtherance of the alleged crime Geographical Units, who commit crimes or of coup detat," hence, triable by said court offenses penalized under the Revised Penal Code (RTC). (like coup detat), other special penal laws, or The RTC, in making such declaration, practically local ordinances shall be tried by the proper civil amended the law which expressly vests in the court. Next, it provides the exception to the court martial the jurisdiction over "service- general rule, i.e., where the civil court, before connected crimes or offenses." What the law has arraignment, has determined the offense to be conferred the court should not take away. It is service-connected, then the offending soldier only the Constitution or the law that bestows shall be tried by a court martial. jurisdiction on the court, tribunal, body or officer The second paragraph of the same provision over the subject matter or nature of an action further identifies the "service-connected crimes which can do so. or offenses" as "limited to those defined The trial court aggravated its error when it justified its ruling by holding that the charge of Conduct Unbecoming an Officer and a Gentleman is absorbed and in furtherance to the alleged crime of coup detat. Firstly, the doctrine of absorption of crimes is peculiar to criminal law and generally applies to crimes punished by the same statute, unlike here where different statutes are involved. Secondly, the doctrine applies only if the trial court has jurisdiction over both offenses. Here, Section 1 of R.A. 7055 deprives civil courts of jurisdiction over service-connected offenses, including Article 96 of the Articles of War. Thus, the doctrine of absorption of crimes is not applicable to this case. It is clear from the foregoing that Rep. Act No. 7055 did not divest the military courts of jurisdiction to try cases involving violations of Articles 54 to 70, Articles 72 to 92, and Articles 95 to 97 of the Articles of War as these are considered "service-connected crimes or offenses." In fact, it mandates that these shall be tried by the court-martial.