SECOND DIVISION
[G.R. No. 207034. November 9, 2015.]
MAJ. GEN. CARLOS F. GARCIA, AFP (RET)., petitioner, vs. HON. LEILA M. DE LIMA, SECRETARY OF JUSTICE and POLICE DIRECTOR FRANKLIN JESUS BUCAYU (RET.), DIRECTOR, BUREAU OF CORRECTIONS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 09 November 2015 which reads as follows:
"G.R. No. 207034 — MAJ. GEN. CARLOS F. GARCIA, AFP (RET). v. HON. LEILA M. DE LIMA, SECRETARY OF JUSTICE and POLICE DIRECTOR FRANKLIN JESUS BUCAYU (RET.), DIRECTOR, BUREAU OF CORRECTIONS
This Petition for Habeas Corpus was filed by counsel for Major General Carlos F. Garcia, arguing that his continued detention is no longer justified.
On October 13, 2004, a Restrictions to Quarters was issued by the Provost Martial General of the Armed Forces of the Philippines (AFP) against petitioner Major General Carlos F. Garcia (Major General Garcia). 1
The Restrictions to Quarters 2 states:
SUBJECT: Restriction to Quarters
TO: MGEN CARLOS F GARCIA AFP Post
1. Pursuant to Article of War 70 and the directive of the Acting Chief of Staff, AFP to the undersigned dtd 12 October 2004, you are hereby placed under Restriction to Quarters under guard pending investigation of your case.
2. You are further advised that you are not allowed to leave your quarters without the expressed permission from the Acting Chief of Staff, AFP.
3. In case you need immediate medical attention or required by the circumstance to be confined in a hospital, you shall likewise be under guard.
BY COMMAND OF VICE ADMIRAL DE LOS REYES:
(Sgd.)HENRY A GALARPE3 (Emphasis in the original)
On October 27, 2004, a Charge Sheet was filed against Major General Garcia at the Special General Court Martial No. 2. The court was presided by Major General Emmanuel R. Teodosio, AFP (Ret.). 4 The charges were:
CHARGE 1: Violation of Article of War 96 — Conduct unbecoming an Officer and a gentleman.
Specification 1: In that, MAJOR GENERAL CARLOS FLORES GARCIA O-5820 ARMED FORCES OF THE PHILIPPINES, a person subject to military law, did, on or about 16 March 2004, knowingly, wrongfully and unlawfully fail to disclose/declare all his existing assets in his Sworn Statement of Assets, Liabilities and Net Worth for the year 2003 as required by Republic Act No. 3019, as amended, in relation to Republic Act 6713, such as the following: cash holdings with the Armed Forces & Police Savings & Loan Association, Inc. (AFPSLAI) in the amount of six million five hundred thousand pesos (P6,500,000); cash dividend received from the AFP-SLAI from June 2003 to December 2003 in the amount of one million three hundred sixty five thousand pesos (P1,365,000); dollar and peso deposits with Land Bank of the Philippines, Allied Banking Corporation, Banco de Oro, Universal Bank, Bank of the Philippine Islands, United Coconut Planters Bank and Planters Development Bank; motor vehicles registered under his and his wife's names, such as: 1998 Toyota Hi-Lux Utility Vehicle with plate nr WRY-843; Toyota car with plate nr PEV 665; Toyota Previa with plate nr UDS-195; 1997 Honda Civic car with plate nr FEC-134; 1997 Mitsubishi L-300 van with plate nr FDZ-582; and 2001 Toyota RAV4 Utility Vehicle with plate nr FEV-498; conduct unbecoming an Officer and a gentleman.
Specification 2: In that, MAJOR GENERAL CARLOS FLORES GARCIA O-5820 ARMED FORCES OF THE PHILIPPINES, a person subject to military law, did, on or about 11 March 2003, knowingly, wrongfully and unlawfully fail to disclose/declare all his existing assets in his Sworn Statement of Assets, Liabilities and Net Worth for the year 2002 as required by Republic Act No. 3019, as amended, in relation to Republic Act 6713, such as the following: cash holdings with the Armed Forces & Police Savings & Loan Association, Inc. (AFPSLAI) in the amount of six million five hundred thousand pesos (P6,500,000); cash dividend received from AFPSLAI from June 2002 to December 2002 in the amount of one million four hundred thirty five thousand pesos (P1,435,000); dollar and peso deposits with Land Bank of the Philippines, Allied Banking Corporation, Banco de Oro, Universal Bank, Bank of the Philippine Islands, United Coconut Planters Bank and Planters Development Bank; motor vehicles registered under his and his wife's names, such as: 1998 Toyota Hi-Lux Utility Vehicle with plate nr WRY-843; Toyota car with plate nr PEV 665; Toyota Previa with plate nr UDS-195; 1997 Honda Civic car with plate nr FEC-134; 1997 Mitsubishi L-300 van with plate nr FDZ-582; and 2001 Toyota RAV4 Utility Vehicle with plate nr FEV-498; conduct unbecoming an Officer and a gentleman.
Specification 3. In that, MAJOR GENERAL CARLOS FLORES GARCIA O-5820 ARMED FORCES OF THE PHILIPPINES, a person subject to military law, did, while in the active military service of the Armed Forces of the Republic of the Philippines, knowingly, wrongfully and unlawfully violate his solemn oath as a military officer to uphold the Constitution and serve the people with utmost loyalty by acquiring and holding the status of an immigrant/permanent resident of the United States of America in violation of State policy governing public officers, thereby causing dishonor and disrespect to the military profession and seriously compromised his position as an officer and exhibited him as morally unworthy to remain in the honorable profession of arms.
CHARGE 2: Violation of Article of War 97 — Conduct prejudicial to good order and military discipline.
Specification 1: In that, MAJOR GENERAL CARLOS FLORES GARCIA O-5820 ARMED FORCES OF THE PHILIPPINES, a person subject to military law, did, on or about 16 March 2004, knowingly, wrongfully and unlawfully make untruthful statements under oath of his true assets in his Statement of Assets, Liabilities and Net Worth for the year 2003 as required by Republic Act No. 3019, as amended, in relation to Republic Act 6713, conduct unbecoming prejudicial to good order and military discipline.
Specification 2: In that, MAJOR GENERAL CARLOS FLORES GARCIA O-5820 ARMED FORCES OF THE PHILIPPINES, a person subject to military law, did, on or about 11 March 2003, knowingly, wrongfully and unlawfully make untruthful statements under oath of his true assets in his Statement of Assets, Liabilities and Net Worth for the year 2002 as required by Republic Act No. 3019, as amended, in relation to Republic Act 6713, conduct prejudicial to good order and military discipline. 5
On November 18, 2004, Major General Garcia was transferred to the ISAFP Detention Center. 6 This was due to a memorandum 7 issued by the Office of the Chief of Staff, AFP, stating:
SUBJECT: Change of Place of Restraint/Restriction Under Guard of MGEN CARLOS F GARCIA, AFP from Quarters to ISAFP
1. You are hereby directed to effect the change of restraint/restriction to quarters under guard of MGEN CARLOS F GARCIA, AFP from his Quarters at Camp General Emilio Aguinaldo to ISAFP effective immediately. Subject Officer shall be restricted to ISAFP under guard pending trial of his case before the Special General Court Martial (Teodosio Court) and shall not be allowed to leave the said premises without my expressed permission and or the President of the Court Martial.
2. For strict compliance.
(Sgd.)EFREN F ABULieutenant General, AFP 8(Emphasis in the original)
Major General Garcia was subsequently transferred to the Camp Crame Custodial Detention Cell on June 1, 2005 pursuant to the Sandiganbayan Resolution 9 in his plunder case docketed as Criminal Case No. 28107. CAIHTE
On December 2, 2005, Special General Court Martial No. 2 promulgated its After-Trial Report. 10 The verdict and sentence states:
5. COURT RENDERS ITS VERDICT and SENTENCE: Upon resumption of the proceedings at 1500H, the Court promulgated its findings as follows, quoted verbatim from the transcript of stenographic notes:
"MGEN CARLOS FLORES GARCIA 0-5820 AFP the court in closed session upon secret written ballot 2/3 of all the members present at the time the voting was taken concurring the following findings. Finds you:
On Specification 1 of Charge 1 — Guilty except the words dollar deposits with Land Bank of the Phils., dollar peso deposits with Allied Bank, Banco de Oro, Universal Bank, Bank of the Philippine Island [sic], United Coconut Planters Bank and Planters Development Bank.
On Specification 2 of Charge 1 — Guilty except the words dollar deposits with Land Bank of the Phils., dollar peso deposits with Allied Bank, Banco de Oro, Universal Bank, Bank of the Philippine Island [sic], United Coconut Planters Bank and Planters Development Bank.
On Specification 3 of Charge 1 — Guilty
On Specification 1 of Charge 2 — Guilty
On Specification 2 of Charge 2 — Guilty
And again in closed session upon secret written ballot 2/3 all the members are present at the time the votes was taken concurrently sentences you to be dishonorably discharge [sic] from the service, to forfeit all pay and allowances due and to become due and to be confined at hard labor at such place the reviewing authority may direct for a period of two (2) years. So ordered." 11
On March 27, 2006, Staff Judge Advocate Ana Bergonzosa B. Escarlan recommended the approval of the sentence but stated that Major General Garcia's confinement at the national penitentiary was inappropriate. 12 The recommendation reads:
Recommend that the sentence be approved. The PNP custodial facility in Camp Crame, Quezon City, is the appropriate place of confinement. The period of confinement from 18 October 2004 shall be credited in his favor and deducted from the two (2) years to which the accused was sentenced. Thus, confinement will expire on 18 October 2006. Considering that the period left not served is less than one (1) year, confinement at the National Penitentiary is no longer appropriate. 13
On April 26, 2006, former AFP Chief of Staff Generoso Senga (General Senga) approved the sentence in a memorandum 14 bearing the subject "Case of [Major General] Carlos F. Garcia AFP (Ret)." Attached to the memorandum was General Senga's Action of the Reviewing Authority 15 where part of his recommendations states:
Considering that the Accused has been in confinement since 18 October 2004, the entire period of his confinement since 18 October 2004 will be credited in his favor. Consequently, his two (2) year sentence of confinement will expire on 18 October 2006.
The proper place of confinement during the remaining unserved portion of his sentence is an official military detention facility. However, the Accused is presently undergoing trial before the Sandiganbayan which has directed that custody over him be turned over to the civilian authority and that he be confined in a civilian jail or detention facility pending the disposition of the case(s) before said Court. For this reason, the Accused shall remain confined at the PNP's detention facility in Camp Crame, Quezon City. The Armed Forces of the Philippines defers to the civilian authority on this matter. 16
Likewise attached to General Senga's Memorandum was the Holding of the AFP Board of Military Review, 17 which recommended that the records of Major General Garcia's case be forwarded to the Office of the President for final review pursuant to Article 47 of the Articles of War. 18
The Office of the President confirmed Major General Garcia's court martial sentence on September 9, 2011. 19 The pertinent portion of the Confirmation of Sentence provides:
NOW, THEREFORE, I, BENIGNO S. AQUINO III, the President as Commander-in-Chief of the Armed Forces of the Philippines, do hereby confirm the sentence imposed by the Court Martial in the case of People of the Philippines versus Major General Carlos Flores Garcia AFP:
a) To be dishonorably discharged from the service;
b) To forfeit all pay and allowances due and to become due; and
c) To be confined for a period of two (2) years in a penitentiary.
FURTHER, pursuant to the 48th and 49th Articles of War, the sentence on Major General Carlos Flores Garcia AFP shall not be remitted/mitigated by any previous confinement. Major General Carlos Flores Garcia AFP shall serve the foregoing sentence effective on this date.
DONE, in the City of Manila, this 9th day of September, in the year of our Lord, Two Thousand and Eleven. 20 (Emphasis in the original)
Defense Secretary Voltaire T. Gazmin forwarded the Confirmation of Sentence to the AFP Chief of Staff. 21
In an undated memorandum, 22 General Eduardo SL Oban, Jr. directed the Provost Marshal General of the AFP to:
execute and implement the confirmed sentence of (S)GCM No. 2, by causing the arrest and delivery of the living body of MGEN CARLOS F. GARCIA AFP to the Bureau of Corrections, Muntinlupa City, Metro Manila. Maximum tolerance shall be observed and the rights of the convict shall be respected. 23
On September 16, 2011, Major General Garcia was arrested and detained at the Maximum Security Compound Penitentiary of the Bureau of Corrections at Muntinlupa City. 24 He remains detained there. 25
On September 30, 2011, Major General Garcia filed before this court a Petition for Certiorari and a Petition for Habeas Corpus questioning the Confirmation of Sentence. 26
The Petition for Habeas Corpus was denied in the Resolution dated October 10, 2011. Major General Garcia filed a Motion for Reconsideration but it was also denied. 27
The Petition for Certiorari, on the other hand, was docketed as G.R. No. 198554 and entitled Maj. Gen. Garcia (Ret.) v. The Executive Secretary, et al.28 Major General Garcia alleged grave abuse of discretion on the part of the Office of the President when it issued the Confirmation of Sentence. 29 Major General Garcia argued that the Court Martial and the Office of the President, as Commander-in-Chief, no longer had jurisdiction over him because he had retired from military service. 30 In addition, the Confirmation of Sentence was issued after he had fully served his court martial sentence in view of his preventive confinement of more than two (2) years. 31 Hence, "the Office of the President no longer has the authority to order his confinement in a penitentiary." 32
This court held that the Court Martial and the Office of the President retained jurisdiction because Major General Garcia was a person subject to military law when the offenses were committed. 33 This court also cited the rule "that jurisdiction once acquired is not lost upon the instance of the parties but continues until the case is terminated." 34
The Petition for Certiorari was dismissed in the Decision promulgated on July 30, 2012, thus:
WHEREFORE, the Petition for Certiorari dated September 29, 2011 of Major General Carlos F. Garcia, AFP (Ret.) is hereby DISMISSED. However, applying the provisions of Article 29 of the Revised Penal Code, the time within which the petitioner was under preventive confinement should be credited to the sentence confirmed by the Office of the President, subject to the conditions set forth by the same law.
SO ORDERED.35 DETACa
The Decision in Maj. Gen. Garcia became final and executory on October 31, 2012. 36
In the 2nd Indorsement 37 dated December 27, 2012, Rafael Marcos Z. Ragos, Officer-in-Charge of the Bureau of Corrections, informed Justice Secretary Leila M. De Lima that Major General Garcia "has served his maximum sentence of two years." 38 Rafael Marcos Z. Ragos also informed the Justice Secretary that Major General Garcia had posted bail for the cases pending against him at the Sandiganbayan. 39
Portions of the 2nd Indorsement read:
On December 19, 2012, a copy of the Entry of Judgment in G.R. No. 198554 was received by this Bureau indicating that said case has become final and executory as of October 31, 2012.
Based on the record of this Bureau, Inmate Carlos F. Garcia have [sic] served one (1) year and two (2) days in this Bureau, that is from September 16, 2011 up to September 17, 2012 with corresponding good conduct time allowance of two (2) months. On the other hand, the Certificate of Detention issued by the PNP Custodial Service Unit shows that subject inmate was detained at the PNP Custodial Center (PNPCC) Camp Crame, Quezon City covering the period from June 01, 2005 to December 18, 2010, hence, he was under preventive imprisonment for a period of five (5) years, six (6) months and seventeen (17) days, which shows that he has served his maximum sentence of two years.
It likewise appears that subject inmate posted bail in connection with his pending criminal case for Plunder (Crim. Case No. 28107) and Crim. Case No. SB-09-CRM-0194 for Violation of RA 9160 Sec. 4a, pending before the 2nd Division of the Sandiganbayan. 40
Major General Garcia alleges that Justice Secretary Leila M. De Lima did not act on the 2nd Indorsement. 41 Thus, he filed this Petition 42 for Habeas Corpus on May 21, 2013.
In the Resolution 43 dated June 3, 2013, this court issued a preliminary citation requiring respondents to show cause why the Petition should not be granted. The Office of the Solicitor General filed an Urgent Manifestation and Motion 44 on June 21, 2013 and a Motion for Extension of Time 45 on July 11, 2013. The Office of the Solicitor General filed its Compliance 46 on July 16, 2013. This court noted the Office of the Solicitor General's Compliance in the Resolution 47 dated August 28, 2013, and required Major General Garcia to file a reply. Major General Garcia filed a Motion for Extension 48 to file a reply on October 24, 2013, and on October 29, 2013, he filed his Reply. 49
On November 12, 2013, counsel for Major General Garcia filed a Manifestation 50 to correct the following statement in the Reply:
The fact remains that there must be a lawful cause for Petitioner's continued confinement, and such lawful cause does NOT consist merely of the existence of other criminal cases. Such lawful cause necessitates the issuance of a warrant of arrest, or order of confinement, or such other process issued under legal authority. There has been NONE such issued in this case. 51 (Emphasis in the original)
Counsel for Major General Garcia explained that when she filed the Reply, she was unaware that the Sandiganbayan issued the Resolution dated September 2, 2013 "resolving to issue a Commitment Order for Petitioner's continued detention." 52
In the Resolution 53 dated January 22, 2014, this court noted Major General Garcia's Reply and his counsel's Manifestation.
The issue in this case is whether there are grounds for petitioner Major General Carlos F. Garcia's continued confinement at the Maximum Security Compound Penitentiary, Bureau of Corrections, Muntinlupa City.
Petitioner argues that he has been under confinement since October 18, 2004 pursuant to the Restrictions to Quarters Order of the AFP Provost Marshal General. He was released on December 16, 2010 because of an Order of Discharge from the Sandiganbayan. However, he was arrested and re-confined pursuant to General Eduardo SL Oban's undated memorandum. 54
At the time the Petition for Habeas Corpus was filed, petitioner had been confined for seven (7) years and nine (9) months, "of which six (6) years and . . . two (2) months was served prior to [the] present confinement at the Penitentiary[.]" 55
Petitioner also argues that even if his confinement at the AFP from October 18, 2004 until his transfer to the Camp Crame Custodial Detention Center is not included in the computation, the remaining period would still satisfy the two-year sentence imposed by the Court Martial. 56
Petitioner also cites the Decision in Maj. Gen. Garcia, where this court noted his period of confinement at the AFP. 57 As per the computation of the Bureau of Corrections, he has been confined at the PNP Custodial Service Unit for five (5) years, six (6) months, and seventeen (17) days. 58
On the other hand, the Office of the Solicitor General argues that petitioner's continued confinement is legal "pursuant to the valid confirmation of sentence by the President." 59 The Decision in Maj. Gen. Garcia held that there was no grave abuse of discretion when the Office of the President issued the Confirmation of Sentence. 60
The Office of the Solicitor General also argues that the Decision in Maj. Gen. Garcia includes the directive of the Office of the President "not to remit any previous confinement undergone by petitioner prior to the issuance of the confirmation on September 9, 2011[.]" 61 At the time this Petition for Habeas Corpus was filed, he had a remaining period of two (2) months "to serve in order to complete the execution of the sentence as confirmed by the President." 62
In addition, the Office of the Solicitor General posits that petitioner's continued confinement is justified by the pending criminal cases against him at the Sandiganbayan. 63
Petitioner filed a Reply to Compliance arguing that the Decision in Maj. Gen. Garcia had become final and executory. Thus, he argues that the Decision is now immutable and enforceable. 64
Petitioner also argues that he has been under preventive confinement for more than two (2) years, and the Decision in Maj. Gen. Garcia provides that his preventive confinement should be credited. Hence, there is no more lawful cause for his detention. 65
Petitioner further argues that the mere existence of criminal cases does not constitute a lawful cause for his confinement. To be lawfully detained, there must be a warrant of arrest, order of confinement, or any other order issued under legal authority. Petitioner points out that no order has been issued for his continued confinement. 66
This Petition for Habeas Corpus should be denied.
Rule 102 of the Rules of Court provides:
SECTION 1. To what habeas corpus extends. — Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.
xxx xxx xxx
SEC. 4. When writ not allowed or discharge authorized. — If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment.
In Fletcher v. The Director of Bureau of Corrections, 67 Martin Gibbs Fletcher prayed for the issuance of the writ of habeas corpus on the ground that his prison sentence for estafa was commuted by former President Fidel V. Ramos. 68 This court denied his Petition because there was no evidence that the former President commuted Fletcher's sentence. 69 Further, even though Fletcher had served the minimum period of his sentence, he could not be released on parole because a warrant of arrest had been issued against him in another criminal case. 70 In denying Fletcher's Petition, this court restated Rule 102, Section 4 in the following manner: aDSIHc
Plainly stated, the writ obtains immediate relief for those who have been illegally confined or imprisoned without sufficient cause. The writ, however, should not be issued when the custody over the person is by virtue of a judicial process or a valid judgment. 71 (Citation omitted)
In deciding petitions for habeas corpus, this court is guided by the pronouncement in Villavicencio v. Lukban72 that:
A prime specification of an application for a writ of habeas corpus is restraint of liberty. The essential object and purpose of the writ of habeas corpus is to inquire into all manner of involuntary restraint as distinguished from voluntary, and to relieve a person therefrom if such restraint is illegal. Any restraint which will preclude freedom of action is sufficient. 73
At the outset, it is noticeable that the facts alleged in the Petition for Habeas Corpus pertains only to the court martial sentence of Major General Garcia. However, this court takes judicial notice that other cases were filed against petitioner at the Sandiganbayan. Thus, we shall also review the status of the other cases against Major General Garcia.
As stated by the Office of the Solicitor General in its Compliance, petitioner has pending criminal cases at the Sandiganbayan, specifically for Plunder and Violation of Republic Act No. 9160, docketed as Criminal Case No. 28107, and Money Laundering, docketed as Criminal Case No. SB-09-SRM-0194. 74 A Plea Bargaining Agreement was entered into between petitioner and the Office of the Special Prosecutor. 75 Also, the Sandiganbayan granted petitioner's Motion to Post Bail. 76
On June 17, 2013, the Republic of the Philippines, represented by the Office of the Solicitor General, filed a Petition for Certiorari with Urgent Prayer for the Issuance of a Temporary Restraining Order questioning the Sandiganbayan's approval of the plea bargaining agreement and praying that the Sandiganbayan be enjoined "from promulgating judgment based on the plea bargaining agreement, and to prevent further implementation of the Sandiganbayan resolution which granted petitioner's urgent motion to post bail." 77 The Petition filed by the Office of the Solicitor General was docketed as G.R. Nos. 207340 and 207439. 78 On July 1, 2013, this court issued a temporary restraining order in G.R. Nos. 207340 and 207349. 79
In view of the temporary restraining order issued by this court, the Sandiganbayan issued the Order 80 dated July 4, 2013 stating:
Pursuant to the Resolution of the Honorable Supreme Court dated July 1, 2013 in G.R. Nos. 207340 and 207439 entitled "Republic of the Philippines vs. Sandiganbayan (Special Second Division), Office of the Ombudsman, Office of the Special Prosecutor, and Maj. Gen. Carlos F. Garcia (Ret.)", which, among others, enjoined this Court from implementing its December 16, 2010 Resolution granting approval of respondent Major Gen. Carlos F. Garcia's request for bail, this Court hereby:
1. RECALLS AND SETS ASIDE the Resolution of December 16, 2010 approving the grant of bail to Major Gen. Carlos F. Garcia;
2. CANCELS the bond posted by the said accused in these cases in the amount of P60,000.00; and
3. ORDERS the National Bureau of Prisons, where Major Gen. Carlos F. Garcia is presently detained for another offense, not to release the said accused after his prescribed detention for that other offense shall have been served, but to continue his detention thereat pursuant to the Commitment Order issued by this Court. Relative hereto, the Director of the National Bureau of Prisons is directed to inform this Court of such release at least fifteen (15) days prior thereto, for the issuance of the proper Commitment Order.
SO ORDERED.81
In the Resolution dated September 2, 2013, the Sandiganbayan "resolv[ed] to issue a Commitment Order for Petitioner's continued detention." 82
Atty. Aleli Manimtim-Cordero, counsel for petitioner, also admitted in a Manifestation that a copy of the Sandiganbayan's Resolution dated September 2, 2013 "resolving to issue a Commitment Order for Petitioner's continued detention" 83 was received by the staff of her law firm on September 12, 2013. 84
Clearly, petitioner's continued confinement is pursuant to a valid order of the court.
WHEREFORE, premises considered, the Petition for the issuance of the Writ of Habeas Corpus is DENIED.
SO ORDERED."
(Mendoza, J., on leave; Perlas-Bernabe, J., designated acting member per S.O. No. 2271 dated November 9, 2015.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, p. 5, Petition.
2. Id. at 33.
3. Id.
4. Id. at 5-6, Petition.
5. Id. at 38-40, AFP Office of the Judge Advocate General's Staff Judge Advocate Review.
6. Id. at 6, Petition.
7. Id. at 34.
8. Id.
9. Id. at 35-36. The Resolution was penned by Associate Justice Edilberto G. Sandoval (Chair) and concurred in by Associate Justices Francisco H. Villaruz, Jr. and Rodolfo A. Pinferrada, of the Sandiganbayan, Second Division.
10. Id. at 6, Petition, and 37, After-Trial Report.
11. Id. at 37.
12. Id. at 7, Petition.
13. Id. at 53, AFP Office of the Judge Advocate General's Staff Judge Advocate Review.
14. Id. at 54.
15. Id. at 55.
16. Id.
17. Id. at 56-69.
18. Id. at 69. Com. Act No. 408 (1938), art. 47, as amended by Rep. Act No. 242 (1948), sec. 13, provides:
ART. 47. Confirmation — When Required. — In addition to the approval required by article forty-five, confirmation by the President is required in the following cases before the sentence of a court-martial is carried into execution, namely:
(a) Any sentence respecting a general officer;
(b) Any sentence extending to the dismissal of an officer except that in time of war a sentence extending to the dismissal of an officer below the grade of brigadier general may be carried into execution upon confirmation by the commanding general of the Army in the field;
(c) Any sentence extending to the suspension or dismissal of a cadet, flying cadet, probationary second lieutenant; and
(d) Any sentence of death, except in the cases of persons convicted in time of war, of murder, mutiny, desertion, or as spies, and in such excepted cases of sentence of death may be carried into execution, subject to the provisions of Article 50, upon confirmation by the commanding general of the Army in the field.
When the authority competent to confirm the sentence has already acted as the approving authority no additional confirmation by him is necessary.
19. Rollo, pp. 71-73, Confirmation of Sentence in the Court Martial Case of People of the Philippines versus Major General Carlos Flores Garcia AFP.
20. Id. at 73.
21. Id. at 15, Petition.
22. Id. at 75.
23. Id.
24. Id. at 15-16, Petition.
25. Id. at 15.
26. Id. at 16.
27. Maj. Gen. Garcia (Ret.) v. The Executive Secretary, et al., 692 Phil. 114, 125 (2012) [Per J. Peralta, Third Division].
28. 692 Phil. 114 (2012) [Per J. Peralta, Third Division].
29. Id. at 126.
30. Id. at 128.
31. Id. at 125-126.
32. Id. at 133-134.
33. Id. at 128-129, citing Articles of War, art. 2, as amended by Rep. Act No. 242 (1948), sec. 2, which provides:
ART. 2. Persons Subject to Military Law. — The following persons are subject to these articles and shall be understood as included in the term "any person subject to military law" or "persons subject to military law," whenever used in these articles:
(a) All officers, members of the Nurse Corps and soldiers in the active service of the Armed Forces of the Philippines or of the Philippine Constabulary; all members of the reserve force, from the dates of their call to active duty and while on such active duty; all trainees undergoing military instructions; and all other persons lawfully called, drafted, or ordered into, or to duty or for training in, the said service, from the dates they are required by the terms of the call, draft, or order to obey the same;
(b) Cadets, flying cadets, and probationary second lieutenants;
(c) All retainers to the camp and all persons accompanying or serving with the Armed Forces of the Philippines in the field in time of war or when martial law is declared though not otherwise subject to these articles;
(d) All persons under sentence adjudged by courts-martial.
34. Id. at 129.
35. Id. at 146-147.
36. Rollo, pp. 76-77, Entry of Judgment.
37. Id. at 32.
38. Id.
39. Id.
40. Id.
41. Id. at 17, Petition.
42. Id. at 3-30.
43. Id. at 78.
44. Id. at 80-83.
45. Id. at 88-89.
46. Id. at 91-102.
47. Id. at 107.
48. Id. at 121-123.
49. Id. at 108-113.
50. Id. at 118-121.
51. Id. at 111, Major General Carlos F. Garcia's Reply.
52. Id. at 118-119, major General Carlos F. Garcia's counsel's Manifestation.
53. Id. at 125.
54. Id. at 18, Petition.
55. Id. at 18-19.
56. Id.
57. Id. at 19, footnote number 12.
58. Id. at 19.
59. Id. at 92, Compliance.
60. Id. at 93.
61. Id. at 94.
62. Id. at 98.
63. Id.
64. Id. at 109-110, Major General Carlos F. Garcia's Reply.
65. Id.
66. Id. at 111.
67. 610 Phil. 678 (2009) [Per J. Corona, First Division].
68. Id. at 681.
69. Id. at 685.
70. Id.
71. Id. at 684.
72. 39 Phil. 778 (1919) [Per J. Malcolm, En Banc].
73. Id. at 790.
74. Rollo, p. 98, Office of the Solicitor General's Compliance.
75. Id. at 99.
76. Id.
77. Id.
78. Id.
79. Id. at 104.
80. Rollo, pp. 104-105.
81. Id.
82. Id. at 118-119, Major General Carlos F. Garcia's counsel's Manifestation.
83. Id.
84. Id.