GENERAL ORDER NO. 9
GRANTING EXECUTIVE CLEMENCY TO FIFTY-THREE OFFICERS OF THE ARMED FORCES OF THE PHILIPPINES WHO PLEADED GUILTY AND WERE CONVICTED OF VIOLATION OF ARTICLE 97 OF THE ARTICLES OF WAR (CONDUCT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE) FOR THEIR PARTICIPATION IN THE 27 JULY 2003 FAILED MUTINY
WHEREAS, the State recognizes that the attainment of a just, comprehensive and lasting peace under the rule of law is the key to economic development and national prosperity;
WHEREAS, certain junior officers of the Armed Forces of the Philippines (AFP) were misguided and influenced by their senior officers to participate in the failed mutiny on 27 July 2003 in Makati City;
WHEREAS, in their prosecution for five serious military offenses, some of the junior officers plea-bargained and pleaded guilty to violation of Article 97 of the Articles of War, i.e., Conduct Prejudicial to Good Order and Military Discipline, for their minor participation in the said incident; 1uplaw08
WHEREAS, the General Court-Martial No. 1 accepted their plea bargain and convicted them of the...
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General Orders
Granting Executive Clemency To Fifty-Three Officers Of The Armed Forces Of The Philippines Who Pleaded Guilty And Were Convicted Of Violation Of Article 97 Of The Articles Of War (Conduct P
General Order No. 9
Summary of General Order No. 9
Granting Executive Clemency to 53 Officers of the Armed Forces of the Philippines
- Recognizes the importance of attaining a just, comprehensive, and lasting peace under the rule of law for economic development and national prosperity. (Preamble)
- Acknowledges that certain junior officers were misguided and influenced by their senior officers to participate in the failed mutiny on July 27, 2003, in Makati City. (Preamble)
- Some junior officers plea-bargained and pleaded guilty to violation of Article 97 of the Articles of War (Conduct Prejudicial to Good Order and Military Discipline) for their minor participation in the incident. (Preamble)
- The General Court-Martial No. 1 accepted their plea bargain, convicted them, and sentenced them to confinement for seven years and six months and dishonorable discharge from military service. (Preamble)
- The Court-Martial granted them credit of three years for mitigating circumstances and time served since July 28, 2003, when they were deprived of liberty. (Preamble)
- The convicted officers were motivated by patriotism, had no selfish intent, expressed deep remorse, accepted the court-martial's verdict, and pleaded for executive clemency to remain in active military service. (Preamble)
- The President has the absolute discretion and plenary power to grant executive clemency under Section 19, Article VII of the Constitution. (Preamble)
- Under Article 49 of the Articles of War, the President may remit or mitigate the whole or any part of the sentence adjudged by a court-martial. (Preamble)
- The original sentence of confinement for seven years and six months and dishonorable discharge is remitted to confinement until the date of issuance of this Order and discharge from military service without prejudice to separation benefits for the 53 named convicted officers. (Operative Clause)
Granting Executive Clemency to 53 Officers of the Armed Forces of the Philippines
- Recognizes the importance of attaining a just, comprehensive, and lasting peace under the rule of law for economic development and national prosperity. (Preamble)
- Acknowledges that certain junior officers were misguided and influenced by their senior officers to participate in the failed mutiny on July 27, 2003, in Makati City. (Preamble)
- Some junior officers plea-bargained and pleaded guilty to violation of Article 97 of the Articles of War (Conduct Prejudicial to Good Order and Military Discipline) for their minor participation in the incident. (Preamble)
- The General Court-Martial No. 1 accepted their plea bargain, convicted them, and sentenced them to confinement for seven years and six months and dishonorable discharge from military service. (Preamble)
- The Court-Martial granted them credit of three years for mitigating circumstances and time served since July 28, 2003, when they were deprived of liberty. (Preamble)
- The convicted officers were motivated by patriotism, had no selfish intent, expressed deep remorse, accepted the court-martial's verdict, and pleaded for executive clemency to remain in active military service. (Preamble)
- The President has the absolute discretion and plenary power to grant executive clemency under Section 19, Article VII of the Constitution. (Preamble)
- Under Article 49 of the Articles of War, the President may remit or mitigate the whole or any part of the sentence adjudged by a court-martial. (Preamble)
- The original sentence of confinement for seven years and six months and dishonorable discharge is remitted to confinement until the date of issuance of this Order and discharge from military service without prejudice to separation benefits for the 53 named convicted officers. (Operative Clause)