You are on page 1of 1

Facts:

The petitioners, Brigadier General Francisco Gudani and Lieutenant Colonel Alexander
Balutan, are high-ranking officers of the Armed Forces of the Philippines (AFP). They were
invited to testify before the Senate Committee on National Defense and Security regarding
issues surrounding the 2004 elections. However, a directive from President Gloria
Macapagal-Arroyo, conveyed through the AFP Chief of Staff, instructed them not to appear
before the Senate without the President's prior approval. Despite this directive, they testified
before the Senate Committee. Consequently, they were recommended for military
disciplinary proceedings for disobeying a superior officer's order.

Issues:

Whether petitioners may be subjected to military discipline for disobeying a direct order from
the AFP Chief of Staff, which emanated from the President.
Whether the violation of the order could lead to investigation for court-martial of petitioners.

Ruling:
The petition was denied.

The Court affirmed that military personnel are liable under military law for violating a direct
order from a superior officer. Although Executive Order No. 464 (E.O. 464) requiring prior
presidential consent for military officials to appear before Congress was declared void, the
President's authority to require such consent remains under her commander-in-chief
powers.

The Court emphasized the importance of military discipline and obedience to orders, even if
individuals may have sincere beliefs opposing the order. While petitioners may have acted
in accordance with their consciences, they violated the Constitution by defying a lawful
order. The Constitution provides avenues for addressing concerns without compromising
constitutional principles.

The Court upheld the recommendation for military disciplinary proceedings against
petitioners for disobeying a direct order, affirming the importance of military discipline and
obedience to lawful commands.

You might also like