Articles of War

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Meanwhile, on November 11, 2003, the DOJ, after conducting a reinvestigation, found probable

cause against only 31 (petitioners included) of the 321 accused in Criminal Case No. 03-2784.
Accordingly, the prosecution filed with the RTC an Amended Information. 6
In an Order dated November 14, 2003, the RTC admitted the Amended Information and dropped
the charge of coup d'etat against the 290 accused.
Subsequently, or on December 12, 2003, the Pre-Trial Investigation Panel submitted its Final
Pre-Trial Investigation Report 7 to the JAGO, recommending that, following the "doctrine of
absorption," those charged with coup d'etat before the RTC should not be charged before the
military tribunal for violation of the Articles of War.
For its part, the RTC, on February 11, 2004, issued an Order 8 stating that "all charges before
the court martial against the accused . . . are hereby declared not service-connected, but
rather absorbed and in furtherance of the alleged crime of coup d'etat." The trial court then
proceeded to hear petitioners' applications for bail.

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