Gonzales vs Gen Abaya.

July 27, 2003 at 1:00 am, more than 300 men from the AFP entered Oakwood hotel in Makati. They
disarmed the guards and planted explosive devices around the building, then DECLARED withdrawal of
support from their Commander In Chief, GMA and that she resign as President.

After Negotiation, the group laid down arms then an information for coup detat was filed against them
in the RTC and was also tired in the court martial for conduct unbecoming of an officer.
They then question the jurisdiction of the Court Martial after RTC ordered that their act was not service-
connected, and that their violation of Art.96 of the Articles of war was absorbed by the crime of coup
detat.

Issue: whether the act was service connected and therefore cognizable by the court martial or they are
basically just charge with coup detat under regular courts.

Ruling: Court Martial is indespendsible as part of the organized armed forces not only in times of war
but insuring the safety during peace time.

The court held that the offense is service connected and that court martial should take cognizance of
the case since it violated their solemn oath to defend the constitution and duly constituted authorities.
More importantly, it degraded the military profession, it bought dishonour and disrespect therefore
court martial has jurisdiction and without saying can apply the penalty for such actions, like dismissal
from service.