**Major General Carlos F. Garcia, AFP (Ret.) vs. The Executive Secretary, et al.**
### Facts:
This case involves Major General Carlos F. Garcia, AFP (Ret.) (petitioner), who was charged with violations of the Articles of War, specifically Conduct Unbecoming an Officer and a Gentleman and Conduct Prejudicial to Good Order and Military Discipline, for failure to disclose all assets and holding an immigrant status in the USA. Following a series of legal proceedings within the military judicial system, Garcia was found guilty and sentenced. Subsequently, upon review, the President of the Philippines confirmed the sentence which included dismissal from service, forfeiture of all pay and allowances, and two years confinement at hard labor. Garcia challenged the President’s confirmation, asserting that his retirement from military service terminated the court martial’s jurisdiction over him, among other issues.
### Procedural Posture:
1. The military initially confined Garcia to quarters pending investigation.
2. Garcia was charged and arraigned before the Special General Court Martial No. 2.
3. Upon reaching compulsory retirement age, Garcia retired from service but was later transferred to the Camp Crame Custodial Detention Center due to ongoing legal processes.
4. The General Court Martial found Garcia guilty and sentenced him. This sentence was confirmed by the Office of the President.
5. Garcia filed a Petition for Certiorari and a petition for habeas corpus in the Supreme Court, challenging the confirmation of his sentence.
### Issues:
1. Whether the General Court Martial lost jurisdiction over Garcia upon his retirement.
2. If the Office of the President acted with grave abuse of discretion in confirming the sentence imposed on Garcia.
3. The legal basis for the sentence of two years’ confinement and the application of Garcia’s preventive confinement against the sentence period.
### Court’s Decision:
The Supreme Court dismissed the petition for certiorari, holding that:
1. The General Court Martial retained jurisdiction over Garcia despite his retirement, as jurisdiction, once attached, remains until the case is terminated.
2. The Office of the President did not act with grave abuse of discretion in confirming Garcia’s sentence, as it is within the powers of the President as Commander-in-Chief.
3. The application of Article 29 of the Revised Penal Code (RPC) allows for the credit of Garcia’s period of preventive confinement against the confirmed sentence.
### Doctrine:
The jurisdiction of a military court over a person subject to military law does not cease upon the retirement of the individual, and the continuing jurisdiction of military authority provides that once jurisdiction is vested, it continues until the end of proceedings. The Supreme Court also reiterated the functionalities of military courts as akin to criminal courts within the context of military law, allowing for certain RPC provisions to supplement military judicial processes.
### Class Notes:
– Jurisdiction: A military court’s jurisdiction over an individual remains effective through the termination of the case, unaffected by retirement or other separations from service.
– Authority of the President: The President, as Commander-in-Chief, holds the authority to confirm, mitigate, or remit sentences imposed by military courts.
– Application of RPC to Military Justice: Certain provisions of the RPC, specifically those not contradicted by military laws, can be supplementary to military judicial procedures, promoting the principles of justice and fair treatment.
### Historical Background:
This case underscores the complex interplay between military justice and civil rights within the Philippine legal system, demonstrating the supreme civilian authority over military discipline, as well as the effort to ensure justice within the armed forces, in consonance with democratic principles and human rights.
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