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Lt. (Sg) Eugene Gonzales et al. vs. Gen. Narciso Abaya, et al. [CONCURRING OPINION, CALLEJO]

LT. (SG) EUGENE GONZALES, LT. (SG) ANDY TORRATO, LT. (SG) ANTONIO TRILLANES IV, CPT. GARY ALEJANO, LT. (SG) JAMES LAYUG, CPT. GERARDO GAMBALA, CPT. NICANOR FAELDON, LT. (SG) MANUEL CABOCHAN, ENS. ARMAND PONTEJOS, LT. (JG) ARTURO PASCUA, and 1LT. JONNEL SANGGALANG, Petitioners, versus GEN. NARCISO ABAYA, in his capacity as Chief of Staff of the Armed Forces of the Philippines, and B. [1/3] GEN. MARIANO M. SARMIENTO, JR., in his capacity as the Judge Advocate General of the Judge Advocate General's Office (JAGO), Respondents.

G.R. No. 164007 | 2006-08-10

CONCURRING OPINION 
 
 
CALLEJO, SR., J.: 
 
I concur with the encompassing ponencia of Madame Justice Angelina Sandoval-Gutierrez ordering the dismissal of the petition. However, I find it necessary to elucidate on my opinion relative to the submission of petitioners that the punitive act for conduct unbecoming an officer and a gentleman defined in Article 96 of the Articles of War is absorbed by coup d'etat, a political felony, especially in light of the opinion of the Pre-Trial Investigation Panel that the punitive act as well as these service-connected punitive acts defined in Articles 63, 64, 96 and 97 of the...