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B/Gen. (Ret.) Francisco Gudani vs. Lt./Gen. Generoso S. Senga, et al.

B/GEN. (RET.) FRANCISCO V. GUDANI AND LT. COL. ALEXANDER F. BALUTAN Petitioners, versus LT./GEN. GENEROSO S. SENGA AS CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, COL. GILBERTO JOSE C. ROA AS THE PRE-TRIAL INVESTIGATING OFFICER, THE PROVOST MARSHALL GENERAL OF THE ARMED FORCES OF THE PHILIPPINES AND THE GENERAL COURT-MARTIAL, Respondents.

G.R. No. 170165 | 2006-08-15

EN BANC
 
D E C I S I O N 
 
Tinga, J.: 
 
A most dangerous general proposition is foisted on the Court - that soldiers who defy orders of their superior officers are exempt from the strictures of military law and discipline if such defiance is predicated on an act otherwise valid under civilian law. Obedience and deference to the military chain of command and the President as commander-in-chief are the cornerstones of a professional military in the firm cusp of civilian control. These values of obedience and deference expected of military officers are content-neutral, beyond the sway of the officer's own sense of...