Granting Executive Clemency To Nine Officers Of The Armed Forces Of The Philippines Who Pleaded Guilty To And Were Convicted...Good Law
GENERAL ORDER NO. 10
GRANTING EXECUTIVE CLEMENCY TO NINE OFFICERS OF THE ARMED FORCES OF THE PHILIPPINES WHO PLEADED GUILTY TO AND WERE CONVICTED OF COUP D?ETAT FOR THEIR PARTICIPATION IN THE 27 JULY 2003 OAKWOOD INCIDENT.
WHEREAS, the States upholds the policy that genuine reconciliation among all Filipinos is vital to the achievement of national development, peace and prosperity;
WHEREAS, nine officers of the Armed Forces of the Philippines (AFP) who participated in the failed mutiny on 27 July 2003 in Makati City pleaded guilty to the crime of coup d?etat, and accordingly convicted and sentenced to either reclusion perpetua or an indeterminate penalty of six years and one day, as maximum, by the Regional Trial Court of Makati City;
WHEREAS, these officers have also been found guilty of violation of Article 96 (Conduct Unbecoming an Officer and a Gentleman) of the Articles of War, to which they likewise pleaded guilty, and sentenced to dishonourable discharge by the General Court-Martial No. 1, for their involvement in the same incident;
WHEREAS, they have since publicly apologized and expressed regret for their participation, asked forgiveness for the damage that their actions have caused to the AFP and to the country, and pleaded for executive clemency;
WHEREAS, the President has the absolute discretion absolute discretion and plenary power to grant executive clemency, pursuant to Section 19, Article VII of the Constitution;
WHEREAS, also under Article 49 of the Articles of War, the President may remit or mitigate the whole or any part of the sentenced adjudged by a court-martial;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, by virtue of the powers vested in me by the Constitution and the laws of the land as President of the Republic of the Philippines and Commander-in-Chief of all the armed forces of the Philippines do hereby grant CONDITIONAL PARDON to the following convicted officers of the Armed Forces of the Philippines:
1. Capt. Milo D Maestrecampo PA 2. Capt. Gerardo O Gambala 0-11792 PA 3. Capt. Albert T Baloloy 0-11018 PA 4. Capt. John P Andres 0-11904 PA 5. Capt. Alvin Ebreo 0-11806 PA 6. Capt. Laurence Luis B Somera 0-11902 PA 7. 1LT Florentino B Somera 0-11902 PA 8. 1LT CLEO B DONGA-AS 0-12781 9. 2LT Kristoffer Bryan M Yasay 0-13185 PA
subject to the following conditions:
1. that each shall be permanently and perpetually disqualified for rendering military service, and
2. that each shall not commit any crime or felony or participate in a coup d?etat or other forms of military adventurism. Should this condition be violated, the sentence imposed on him shall again be in full force and effect.
Upon express acceptance of this conditional pardon by an officer mentioned above, the pardon shall take effect with respect to him.
Done in the City of Manila, this 12th day of May, in the year of our Lord, Two Thousand and Eight.
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
By the President:
(Sgd.) EDUARDO R. ERMITA