October 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 172058 : October 03, 2011]
PEOPLE OF THE PHILIPPINES V. CAPT. GARY ALEJANO, LTSG. JAMES A. LAYUG, LTSG. MANUEL G. CABOCHAN, ET AL.
G.R. No. 172058 (People of the Philippines v. Capt. Gary Alejano, LTSG. James A. Layug, LTSG. Manuel G. Cabochan, et al.) - In 2003, an Information for coup d'etat was filed against respondents due to the so-called Oakwood Mutiny. After arraignment, respondents filed a Manifestation with Motion to Set Bail, which by the RTC Order of July 8, 2004 granted bail to respondents, except Capt. Gerardo Gambala, Capt. Milo Maestrecampo and LTSG. Antonio Trillanes IV. Petitioner impugned the aforesaid Order before the Court of Appeals via a Petition for Certiorari with prayer for temporary restraining order under Rule 65 anchored on grave abuse of discretion.
By Decision of September 9, 2005, the Court of Appeals[1] dismissed the Petition and ordered the release on bail of respondents. The CA said that the trial court judge was not bound by the DOJ�s "no bail recommendation," as he had discretionary powers on whether or not to grant the Petition for Bail based on the hearing conducted.
On April 11, 2006, petitioner filed a Rule 45 Petition for Review on Certiorari with a prayer for a temporary restraining order before the Supreme Court, assailing the CA Decision. Respondents filed their Comments, to which petitioner filed a Consolidated Reply. The Solicitor General stated in his Consolidated Reply that, out of 27 respondents, 6 had been pardoned by former President Gloria Macapagal-Arroyo, 19 were granted Amnesty under Presidential Proclamation No. 75, and the Petition is effectively only against 2 remaining respondents, lLt. Lawrence P. San Juan and 1Lt. Rex C. Bolo. He therefore prayed that 25 respondents be dropped as private respondents.
Petitioner prays that the following be dropped as respondents to this case: respondents Capt. Alvin Ebreo, Capt. Laurence Luis B. Somera, Capt. Albert Baloloy, 1Lt. Cleo Donga-as, 1Lt. Florentino Somera, Jr., 2Lt. Kristoffer Bryan M. Yasay, Capt. Gary Alejano, LTSG. James A. Layug, LTSG. Manuel G. Cahochan, LTSG. Eugene Louie Gonzales, LTSG. Andy G. Torrato, Capt. Nicanor Faeldon, Capt. Segundino P. Orfiano, Jr., 1Lt. Sonny Sarmiento, 1Lt. Audie S. Tocloy, 1Lt. Von Rio Tayab, 1Lt. Warren Lee G. Dagupon, 1Lt. Nahaniel N. Rabonza, 1Lt. Jonel P. Sanggalang, 1Lt. Billy S. Pascua, 1Lt. Francisco Ashley Acedillo, LTSG. Arturo S. Pascua, Ens. Armand Pontejos, PO3 Julius J. Mesa, and PO3 Cesar Gonzales.
WHEREFORE, the Court RESOLVES to GRANT petitioner's prayer for leave for the withdrawal of the Petition as against the above-named respondents. Reyes, J., on leave; Mendoza, J., designated additional member per S.O. No. 1107 dated 27 September 2011.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Division Clerk of Court
Endnotes:
[1] Penned by Associate Justice Juan Q. Enriquez, Jr. and concurred in by Associate Justices Portia Ali�o-Hormachuelos and Vicente Q. Roxas.