Garcia v. Executive Secretary

(GR No. 198554, Garcia v.
Executive Secretary, July 30, 2012)
SC Upholds President's Confirmation of Sentence against Major Gen. Garcia

Posted: August 17, 2012; By Jay B. Rempillo
The Supreme Court has dismissed the petition of former Armed Forces of the Philippines
(AFP) comptroller Major General Garlos F. Garcia that sought to annul the September 9,
2011 Confirmation of Sentence by the Office of the President (OP). The sentence handed
down by the Special General Court Martial No. 2 had ordered his dishonorable discharge
from service, forfeiture of all his pay and allowances, and confinement for two years in a
penitentiary.
In a 28-page decision penned by Justice Diosdado M. Peralta, the Court’s Third Division held
that the OP did not commit any grave abuse of discretion in issuing the Confirmation of
Sentence.
The Court upheld the authority of the President, as Commander-in-Chief, to confirm the
sentence. It held that the General Court Martial had jurisdiction over the case since it was
indisputable that Garcia was an officer in the active service of AFP when he committed the
violations until his arraignment. Garcia’s mandatory retirement on November 18, 2004 did
not divest the General Court Martial of its jurisdiction. And since the General Court Martial
has jurisdiction, the Court held that the President, as Commander-in-Chief, also acquired
jurisdiction as mandated under Article 47 of the Articles of War.
The Court stressed that Article 48 of the Articles of War vests on the President, as
Commander-in-Chief, the power to approve or disapprove the entire or any part of the
sentence given by the court martial, while Article 49 of the same grants the President the
power to mitigate or remit a sentence.
“Thus, the power of the President to confirm, mitigate and remit a sentence of erring military
personnel is a clear recognition of the superiority of civilian authority over the military.
However, although the law (Articles of War) which conferred those powers to the President
is silent as to the deduction of the period of preventive confinement to the penalty imposed,
as discussed earlier, such is also the right of an accused provided for by Article 29 of the
RPC,” held the Court.
On September 16, 2011, or a week after the OP confirmed the sentence of the court martial
against him, Garcia was arrested and detained and continues to be detained at the maximum
security compound of the National Penitentiary in Muntinlupa. Garcia, tried by the Special
General Court Martial NR 2, was charged with and convicted of violation of the 96th Article
of War (Conduct Unbecoming an Officer and Gentleman) and violation of the 97th Article of
War (Conduct Prejudicial to Good Order and Military Discipline) for failing to disclose all
his assets in his Sworn Statement of Assets and Liabilities and Networth for the year 2003 as
required by RA 3019, as amended in relation to RA 6713.
Garcia, among others, argued that the confirmation issued by the OP directing his two-year
detention in a penitentiary had already been fully served following his preventive
confinement. He was released on December 16, 2010 after a preventive confinement for six
years and two months. He was initially confined at his quarters at Camp General Emilio
Aguinaldo before he was transferred to the Intelligence Service of the Armed Forces of the
Philippines (ISAFP) Detention Center, and latter to the Camp Crame Custodial Detention
Center.
The Court ruled that applying the provisions of Article 29 of the Revised Penal Code (RPC)
(Period of preventive imprisonment deducted from time of imprisonment), 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.
The Court held that “the General Court Martial is a court within the strictest sense of the
word and acts as a criminal court.” As such, certain provisions of the RPC, insofar as those
that are not provided in the Articles of War and the Manual for Courts-Martial, can be
supplementary. “[A]bsent any provision as to the application of a criminal concept in the
implementation and execution of the General Court Martial’s decision, the provisions of the
Revised Penal Code, specifically Article 29 should be applied. In fact, the deduction of
petitioner’s (Garcia) period of confinement to his sentence has been recommended in the
Staff Judge Advocate Review.”
The Court further held that the application of Article 29 of the RPC in the Articles of War is
in accordance with the Equal Protection Clause of the 1987 Constitution. “[T]he concept of
equal justice under the law requires the state to govern impartially, and it may not draw
distinctions between individuals solely on differences that are irrelevant to a legitimate
governmental objective. It, however, does not require the universal application of the laws to
all persons or things without distinction. What it simply requires is equality among equals as
determined according to a valid classification. Indeed, the equal protection clause permits
classification,” held the Court.
Finally, the Court found without merit Garcia’s contention that his right to a speedy
disposition of his case was violated. It noted that Garcia did not allege any delay during the
trial only the delay in the confirmation of the sentence by the President. The Court found
such delay to Garcia’s advantage because his sentence could not be served absent such
confirmation. (GR No. 198554, Garcia v. Executive Secretary, July 30, 2012)

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(GR No. 198554, Garcia v.

Executive Secretary, July 30, 2012)

SC Upholds President's Confirmation of Sentence against Major Gen. Garcia

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