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Major General Carlos F. Garcia, AFP (Ret.) vs. The Executive Secretary

MAJOR GENERAL CARLOS F. GARCIA, AFP (RET.), Petitioner, vs. THE EXECUTIVE SECRETARY, representing the OFFICE OF THE PRESIDENT; THE SECRETARY OF NATIONAL DEFENSE VOLTAIRE T. GAZMIN; THE CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, GEN. EDUARDO SL. OBAN, JR., and LT. GEN. GAUDENCIO S. PANGILINAN, AFP (RET.), DIRECTOR, BUREAU OF CORRECTIONS, Respondents.

G.R. No. 198554 | 2012-07-30

THIRD DIVISION
D E C I S I O N
 
 
PERALTA, J.:
 
For resolution of this Court is the Petition for Certiorari dated September 29, 2011 under Rule 65, Section 1 of the Revised Rules of Civil Procedure which seeks to annul and set aside the Confirmation of Sentence dated September 9, 2011, promulgated by the Office of the President.
 
The facts, as culled from the records, are the following:
 
On October 13, 2004, the Provost Martial General of the Armed Forces of the Philippines (AFP), Col. Henry A. Galarpe, by command of Vice-Admiral De Los Reyes, issued a Restriction to Quarters1 containing the following:
 
1. Pursuant...