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    This document summarizes the Supreme Court case of GUDANI v SENGA regarding whether two AFP officers could be charged for testifying before the Senate without the President's approval. The Senate had invited AFP officers to testify on the 2004 elections. General Senga informed the Senate that no officer had the President's approval to attend. However, General Gudani and Colonel Balutan testified anyway. They were charged with insubordination. The officers filed a petition arguing that the President's order preventing their testimony without approval was unconstitutional and the charges should be quashed. The Supreme Court had to determine if the President's authority as Commander-in-Chief allowed preventing the testimony.

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    Gudani

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    This document summarizes the Supreme Court case of GUDANI v SENGA regarding whether two AFP officers could be charged for testifying before the Senate without the President's approval. The Senate had invited AFP officers to testify on the 2004 elections. General Senga informed the Senate that no officer had the President's approval to attend. However, General Gudani and Colonel Balutan testified anyway. They were charged with insubordination. The officers filed a petition arguing that the President's order preventing their testimony without approval was unconstitutional and the charges should be quashed. The Supreme Court had to determine if the President's authority as Commander-in-Chief allowed preventing the testimony.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    15 views1 page

    Gudani

    Uploaded by

    Fraicess Gonzales
    This document summarizes the Supreme Court case of GUDANI v SENGA regarding whether two AFP officers could be charged for testifying before the Senate without the President's approval. The Senate had invited AFP officers to testify on the 2004 elections. General Senga informed the Senate that no officer had the President's approval to attend. However, General Gudani and Colonel Balutan testified anyway. They were charged with insubordination. The officers filed a petition arguing that the President's order preventing their testimony without approval was unconstitutional and the charges should be quashed. The Supreme Court had to determine if the President's authority as Commander-in-Chief allowed preventing the testimony.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Article VIII, Sec 18 – The Executive Department, President as Commander-in-Chief

    GUDANI v SENGA
    G.R. NO. 170165, AUGUST 15, 2006
    TINGA, J

    POINT OF THE CASE:

    FACTS:

    The senate invited several senior officers of the AFP to appear at a public hearing to testify on matters
    regarding 2004 elections.AFP General Senga replied through a letter of invitation from Senator Biazon
    that he would be unable to attend the hearing.

    Gen. Senga sent a letter to Sen. Biazon informing the senator that “no approval has been granted by the
    President to any AFP officer to appear” at the hearing. Nonetheless, both Gen Gudani and Col. Balutan
    were present as the hearing started, and they both testified as to the conduct of the 2004 elections.

    In an investigation, the Office of the Provost recommended that petitioners be charged with violation of
    Article of War 65, on willfully disobeying a superior officer, in relation to Article of War 97, on conduct
    prejudicial to the good order and military discipline.

    Both officials filed the petition for certiorari and prohibition particularly seeking that:
    1. The order of President Arroyo coursed through Gen. Senga preventing petitioners from testifying
    without her prior approval be declared unconstitutional.
    2. The charges for Articles of War be quashed, and
    3. The respondents be permanently enjoined from proceeding against petitioners.

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