Doctrine powers of the president confirmation of

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DOCTRINE: Powers of the President; Confirmation of sentence; An officer whose name was dropped from the roll of officers cannot be considered to be outside the jurisdiction of military authorities when military justice proceedings were initiated against him before the termination of his service. Once jurisdiction has been acquired over the officer, it continues until his case is terminated General Court Martial; Jurisdiction; The General Court Martial is a court within the strictest sense of the word and acts as a criminal court. On that premise, certain provisions of the Revised Penal Code, insofar as those that are not provided in the Articles of War and the Manual for Courts- Martial, can he supplementary. DIGEST: The Office of the President, or the President as Commander-in-Chief of the AFP and acting as the Confirming Authority under the Articles of War, confirmed the sentence imposed by the Court Martial against petitioner. Consequently, on September 15, 2011, respondent Secretary of National Defense Voltaire T. Gazmin, issued a Memorandum to the Chief of Staff, AFP for strict implementation, the Confirmation of Sentence in the Court Martial Case of People of the Philippines Versus Major General Carlos Flores Garcia AFP. On September 16, 2011, petitioner was arrested and detained and continues to be detained at the National Penitentiary, Maximum Security, Bureau of Corrections, Muntinlupa City. Aggrieved, petitioner filed with this Court the present petition for certiorari and petition for habeas corpus , alternatively. However, this Court, in its Resolution dated October 10, 2011, denied the petition for habeas corpus . Petitioner filed a motion for reconsideration dated November 15, 2011, but was denied by this Court on December 12, 2011. In view of the earlier resolution of this Court denying petitioner’s petition for habeas corpus, the above grounds are rendered moot and academic. Thus, the only issue in this petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure, which was properly filed with this Court, is whether the Office of the President acted with grave abuse of discretion, amounting to lack or excess of jurisdiction, in issuing the Confirmation of Sentence dated September 9, 2011. Petitioner raises the issue of the jurisdiction of the General Court Martial to try his case. According to him, the said jurisdiction ceased ipso facto upon his compulsory retirement. Thus, he insists that the Office of the President had acted without jurisdiction in issuing the confirmation of his sentence. This Court finds the above argument bereft of merit. Article 2 of the Articles of War circumscribes the jurisdiction of the military law over person’s subject thereto. It is indisputable that petitioner was an officer in the active service of the AFP in March 2003 and 2004, when the alleged violations were committed. The charges were filed on October 27, 2004 and he was arraigned on November 16, 2004. Clearly, from the time the violations were committed until the time petitioner was arraigned, the
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