Gonzales vs Gen Abaya.

July 27, 2003 at 1:00 am, more than 300 men from the AFP entered Oakwood hotel in Makati. They

disarmed the guards and planted explosive devices around the building, then DECLARED withdrawal of

support from their Commander In Chief, GMA and that she resign as President.

After Negotiation, the group laid down arms then an information for coup d’etat was filed against them

in the RTC and was also tired in the court martial for conduct unbecoming of an officer.

They then question the jurisdiction of the Court Martial after RTC ordered that their act was not service-

connected, and that their violation of Art.96 of the Articles of war was absorbed by the crime of coup

d’etat.

Issue: whether the act was service connected and therefore cognizable by the court martial or they are

basically just charge with coup d’etat under regular courts.

Ruling: Court Martial is indespendsible as part of the organized armed forces not only in times of war

but insuring the safety during peace time.

The court held that the offense is service connected and that court martial should take cognizance of

the case since it violated their solemn oath to defend the constitution and duly constituted authorities.

More importantly, it degraded the military profession, it bought dishonour and disrespect therefore

court martial has jurisdiction and without saying can apply the penalty for such actions, like dismissal

from service.