BRANDING the military court as nothing more than a “kangaroo court,” detained Marine Col. Ariel Querubin yesterday asked the Court of Appeals to suspend court martial proceedings on December 14 against him and 29 other officers who were linked to an alleged coup attempt last Feb. 24.
In a 18-page petition for certiorari and prohibition, Querubin asked the appellate court to issue a temporary restraining order on the special general court martial created by Armed Forces chief Gen. Hermogenes Esperon.
“Petitioner and his co-respondent officers would surely not be afforded fair trial by the respondent court martial, as the person who shall ultimately review and approve the latter’s decision, is no less than their principal accuser-witness and who, in his various pronouncements, already made up his mind about the guilt of herein petitioner and his co-respondent officers that no proofs to the contrary presented by the petitioner shall persuade him to rule otherwise,” he said through counsel Rodrigo Artuz.
In Camp Aguinaldo, Court martial proceedings against the dozens of military officers involved in the failed plot to overthrow the Arroyo government in February is being hampered by super typhoon Reming, the military said yesterday.
In a press briefing, AFP public information office chief Lt. Col. Bartolome Bacarro said the court cannot convene immediately because its president, Lt. Gen. Alexander Yano, is preoccupied with rescue and relief operations in the Bicol region.
Yano is the commander of the Southern Luzon Command.
At least 500 people died and hundreds were injured when Reming battered the region last Nov. 30.
Querubin sought the nullification of a memorandum dated Nov. 17 issued by Esperon which directed the Judge Advocate General to issue orders creating a special court martial to try him and the 29 others.
A notice of hearing dated Dec. 5, 2006 was issued by the court martial through Lt. Col. Lito Paglala, JAGO trial judge advocate, directing the conduct of trial against petitioner and co-accused on Dec. 14
Querubin, commander of the 1st Marine Brigade based in Camp Ranao, Marawi City, was relieved from his post along with Maj. Gen. Renato Miranda, former Marines commandant, and Gen. Danilo Lim, former Scout Rangers chief. He is detained at the Fort San Felipe Detention Center, Naval Base Compound, Sangley Point, Cavite.
Querubin said his detention is illegal, considering that the panel which conducted the pre-trial proceedings on the case has recommended todrop the mutiny charges against him and his fellow accused.
Esperon, according to Querubin, failed to observe due process when he issued the memorandum ordering the creation of a special general court martial despite the findings of the pre-trial investigating panel.
Querubin cited an article of Malaya columnist Ellen Tordesillas quoting a PTI finding that says: “Setting the facts charged as against the facts proven, there is no adequate basis for appreciating the existence of a prima facie case to indict or prosecute any and all of the respondent officers charged for violation of the 67th Article of War (mutiny).”
The panel further said that there was no indication that the “act or acts of accused which approximately tended to created intended (or actual) collective insubordination; and that the insubordination occurred or was intended to occur in a company, party, post, camp, detachment, guard or other command in the Army of the Philippines.”
He added that he and his fellow accused were only able to get a copy of the findings of the pre-trial panel by downloading it from the internet. The findings were also leaked to the media.
Esperon must be brought to face his military peers in a special Court Martial.
Querubin must be bold enough to call on his fellow officers to convene another court martial to try Esperon precisely for making a mockery of military laws!
Of course, they gotta arrest Esperon first but this ain’t difficult – just require military balls, military genius and military logistics!
Assperon, just like tiyanak, thinks that he is all so powerful to just do anything he pleases anytime he wants. He is forgetting that even a soldier has his rights to due process. Our country still has judges who can not be bought and intimidated by these AFP goons. The Pretrial report had to be downloaded from the internet. They were never given copies of these. It will not surprise me Ellen because in a previous article you had, the DOJ could not even provide the accused any copy of the charges of the accused because there were no xerox machines.
Querubin is a medal of valor awardee, not just an ordinary soldier, a man of honor, a high sense of justice, has an elevated standard of morals and manners, has the sense of not bringing dishonor or disrepute upon the military profession which he represents, a man who could discern the urgency of defending his countrymen when needed,putting his duty as a protector over his self interest. For him to be incarcerated before he is proven guilty is a clear violation of his rights!
Assperon already made up his mind that Querubin et al are already guilty. This is beyond comprehension!
Ellen, thank God you got a copy of the leaked Pretrial report! What if these soldiers did not get a copy of that report? They would have been deep under, not knowing anything about what they are charged of. Assperon would have been able to get away with his crime!
Querubin is as angel (Cherubim). Someone up there will certainly take care of him!
This country we have only have leaders who just take care of themselves and they do not have the intrinsic values of leadership, unlike these incarcerated officers. Kudos to them! May we have more soldiers like you!!!
anna de brux Says:
Of course, they gotta arrest Esperon first but this ain’t difficult – just require military balls, military genius and military logistics!
…….
Glueria gave the military P30 billion for contingent funds and logistics. It would be difficult to arrest assperon who can elude pursuers in his airconditioned helicopter.
Having followed the case of Col. Querubin, I think he has a good case in asking the Court of Appeals to stop his court martial.
Pasalamat pa nga sila, Col. Q is level headed. Had he ordered his men to be aggresive during that Fort Bonifacio stand-off, it could have triggered a firefight. Baka noon pa lang, marami nang nangyari and Esperon did not get to where he is now as Chief of the AFP.
JOESEG, YOU ARE RIGHT! TAPOS NA SANA ANG BAKBAKAN NOON PA! Querubin,contrary to what these corrupt generals say, is still an OFFICER AND A GENTLEMAN, so his military culture kicked in. Remember when he said ” SOLDIERY IS WHAT I AM GOOD AT.” He really meant it, unlike these corrupt generals who for money and power will just sell their souls to the devil and never mind the country!!!
So now, the military is saying, there is no scheduled court martial. Yano is busy taking care of the Bicol region because of the most recent disasters. PALUSOT LANG NILA! Baka sina-sanitize pa lang nila ang Pretrial Report like they did to the Mayuga report! Sorry na lang sila, ELLEN BEAT THEM! SHE GOT THE GOODS FIRST!
ASSPERON should realize that there is still the law of the land. He can be surrounded by all of his “BRIBED MEN” but if he erred, he too WILL HAVE TO PAY FOR HIS CRIME! ( Took this from one of the newspaper articles-referring to the case of Querubin- Assperon said the same thing on Querubin’s rebellion and mutiny cases).
Parasabayan,
I wouldn’t go as far as to say that Querubin is a cherub, heheh!
The guy is a hardened Marines officer and as one, he would be tough as nails.
Anna, you are right! What was I thinking?
PARASABAYAN, sadyang ang ginawang action noon ni Col, Q ay para sa bayan! Hindi na makapigil hininga ang eksena noon at isang pagkakamali lang, putukan na. Pero, sabi mo nga, he’s an officer and a gentlemen.
And that’s his undoing being an officer and a gentlemen. Nainggit sa kanya itong mga generals kowtowing to GMA at involved sa Hello Garci,esp. Esperon. Col. Q is being lionized in the press while Esperon was nervously biting his fingers because Garci’s tapes was very incriminating. His eyes gazing at the chief of staff plum, he must do something to create an atmosphere that he’s the man. He initiated the persecution of Col. Q which became a good vehicle to gain pogi points. And that’s it.
I believe when things get settled down and everything becomes normal, Col. Q is one man to reckon with.
ANNA, ang katulad niyang may matibay na paninindigan at kasing tigas ng bakal ang prinsipyo, maniwala ka, PARASABAYAN, siya’y isang taong maasaahan maglingkod para sa bayan.
Joeseg,
Re: “He initiated the persecution of Col. Q which became a good vehicle to gain pogi points.”
May I correct that, not pogi points but bastusan points.
Esperon is in the running in the Philippine competition for the most BASTOS public person today.
He makes bastos of the rights of these officers, he makes bastos of military traditions, he makes bastos of military laws, he makes bastos of the military institution and most of all, he makes bastos of the Filipino nation and to cap that he is very bastos because he licks Gloria’s ass without shame.
Right, ANNA, talagang bastis kaya marami siyang kakampi sa Bastusang Pambansa. Pero weather-weather lang yan. Matatapos din ang lahat na ito. Col. Q will be freed, in time. Because there’s a pattern.
This item appeared in the Manila Bulletin and two other newspapers sometimes in 2003 when Pres. Bush visited the Philippines. You will be surprised on the sheer coincidence and comparison. It was authored by a certain Joeseg.
Seven (7) Things Gloria Macapagal Arroyo & George Bush have in common:
1. Both were swore in as President on the same day of January 20, 2001 (01-20-01).
2. The supreme courts of the Philippines and USA both intervened to pave the way for their assumption to the presidency.
3. Their fathers are both former presidents.
4. They are both MBA degree holders.
5. Their first names both started with letter G and both have six letters.
6. Their predecessors both underwent impeachment trial.
7. Their predecessors are both known womanizers.
We maybe prodded to add as No. 8: Both are now serving in their second term as reelectionist president.
But on second thought, it differs.
1. GMA is not a reelectionist president. She was elected as vice president and assumed the remaining term of Joseph Estrada. Aside from being considered not a legitimate president, our constitution provides only a one six-year term for the president, without reelection.
2. On the other hand, George Bush has a clear mandate as a reelectionist president.
With the debacle suffered by the Republican Party of George Bush in the recent mid-term elections in the US of A, could we now assume that the pattern is clear?
==
anna…he’s so “bastos” tha he got pelted with eggs in UP. He’s so lucky he’s not in Gaza Strip, or else it would have been grenades and not just eggs.
Joeseg,
And if we are to go by your logic, heavens, does this mean we will have to suffer the fool in Gloria for another 2 years or until the end of the term of Bush?
I was really banking on having her out, and out for good by May 2007 at the latest.
Obviously, if she can be kicked out on Sunday, so much the better. That will mean having Cheney, er de Castro as the replacement president!
Eeeeeeeeeeeeeeeek!
Given this very sorry scenario, I would like to bat for a snap election. Really, Gloria won’t do but neither will…., what’s ‘is name again?
Spartan,
Re: “He’s so lucky he’s not in Gaza Strip, ”
Betcha, Esperon will be the first to hide behind his men in Gaza strip!
Maaayos lamang ang Comelec kapag wala na si Abalos!
Anna, I wrote that 3 years ago and no inkling that we’ll be in the situation like we have now. The interesting coincidence established the pattern and the latest is how we saw the Americans smacked Bush on his face. Of course you and I and the rest of our friends here would not like to prolong the agony and wait for 2010. Sabihin nang tayo’y gaya-gaya, but I think Filipinos are now ready to kick the asses of those who conned us, the final blow, to the one dressed like a clown.
Joeseg,
Where did you write that? Do you have a blog or are you a journalist?
Do you still write for The Bulletin?
Anna,
I praying that Ocayvalle will have his prayer answered this month. Deadline niya, Dec. 31, 2006, no extension. Will celebrate with you guys when this happens.
Even with the removal of the Great Switik, I am suggesting that the PPT in the Hague will be pursued in March. I’m planning to join the group going there for the trial. Verdict will be rendered in June 2007. Hopefully, it will be a lesson to learn by the crooks.
PATALSIKIN NA, NOW, NA! I plan to fast on Sunday in lieu of attendance to the rally being planned by B&W, etc. God willing, the end of the bogus regime is near and the final curtain will fall!
BTW, Philippine TV here reported Catholic priests turning down donations in trucks with big pictures and names of donor-politician who are seeking pogi points.
PATALSIKIN NA, NOW NA!
The first hearing tomorrow should be stopped. As much as we, the families of the accused military officers and soldiers would like to have our families complete this Christmas, we know that the GCM is just a kangaroo court. I hope you will all help us lobby for the Court of Appeals to issue a TRO against Esperon and to have him tried for his abuse of power.
I have coordinated with the Amnesty International and Human Rights of the United Nations to declare the military officers as political prisoners also after a thorough discussion with friends in the media and private organizations. I am encouraging other families to do the same in our efforts to achieve justice at this present time.
Merry Christmas!
invictus, hope your wish come true!
Ay, ANNA, I’m not a journalist nor a writer. Just an
ordinary human being. In fact promdi ako, laking probinsiya. Nag-aral sa probinsiya. Nakakasulat lang ng konti, no formal training whatsoever but I read a lot. Kaya pag hindi ko na kayang englisin, switch to Tagalog. Wika nga, padaskol-daskol. When I have some comments, I write the editors or the columnists. Always almost, they respond naman.
Although I know this blog noon pa, it’s just a week ago I decided I have time na to sit down and pound the keyboard ss I pleases, so I joined. At natutuwa ako rito. The members are knowledgeable, masaya and I could feel the intense desire for a change in our political system. As Ellen wrote, many of you in this blog are abroad. Bilib ako sa mga nasa abroad who got the time to write and express their stand on issues affecting the lives of our kababayan. It is love for our country, the Philippines! Wala nang iba.
I agree with Anna that you’re a good writer, Joeseg. Lately, I see lots of newcomers to this blog and that include you, Joeseg. I have briefly introduced myself in the past and I don’t mind revealing my identity. In fact, I’m using my real full name. I just hope others or some of you would share something about who they are and what their background is.
joeseg: ano ba ang promdi.
I take it that you’re not in the Philippines, Joeseg?
I’m really glad you have decided to participate in this blog.
14 december 2006: arraignment of the incarcerated military officers
venue: headquarters, 2nd infantry division, philippine army
camp capinpin, tanay, rizal
Arraingment by whom? Assperson’s personal jago?
a test to lt gen alex yano.
here’s the news from tribune:
February “coup plotters” to be arraigned today
12/14/2006
A military tribunal will arraign today the 30 military officers accused of involvement in the foiled Feb. 24 coup.
Lt. Gen. Alexander Yano, Armed Forces Southern Luzon Command chief and chairman of the military tribunal, said the arraignment will be held at the headquarters of the Army’s 2nd Infantry Division in Tanay, Rizal, where most of the accused are currently detained.
“We expect the court to be in session for the first time and all the accused to be there,” Yano told Camp Aguinaldo reporters.
He said the military court expects “challenges” from the lawyers of the accused, prompting it to prepare principal and reserve members
The accused are led by Maj. Gen. Renato Miranda, former Marine commandant, Brig. Gen. Danilo Lim, former Army First Scout Ranger Regiment (FSRR) commander and Col. Ariel Querubin, sacked First Marine Brigade commander.
They are accused of plotting to join street protests calling for the resignation of President Arroyo, who the opposition accuses of stealing the May 2004 presidential election, and renounce her as their Commander-in-Chief.
Mrs. Arroyo foiled the plot without bloodshed by declaring a state of emergency and mounting a crackdown, leading to the detention of the officers.
The alleged plot collapsed after it failed to get the support of then AFP Chief of Staff Generoso Senga, who rounded up the ringleaders while announcing his support for the crisis-ridden government.
Nineteen of the accused who are members of the FSRR are detained in Tanay while the eleven Marine officers are confined at Fort San Felipe in Cavite City and the Bonifacio Naval Station in Fort Bonifacio.
Yano said the 11 will be transported to Camp Capinpin for the 9 a.m. hearing.
On Monday, Lt. Col. Bartolome Baccaro, chief of the Armed Forces of the Philippines (AFP) public information office, said the court martial proceedings was temporarily put on hold as the head of the military panel that will try the accused was then preoccupied with disaster rehabilitation in his jurisdiction.
Querubin on Tuesday, asked the Court of Appeals to stop the AFP from pushing through with the court martial proceedings against him.
In an 18-page petition, Querubin, through his lawyer Rodrigo Artuz, branded as a “kangaroo court” the special general court martial created by AFP Chief of Staff Hermogenes Esperon Jr. to try him and 29 other officers for violation of the Articles of War in connection with their alleged involvement in the foiled coup attempt.
Querubin insisted that his continued detention is illegal considering the fact that the panel that conducted the pre-trial proceedings on the case recommended to drop the mutiny charges against him and his co-accused.
Esperon, according to the petitioner, failed to observe due process when he issued a memorandum on Nov. 17, ordering the creation of a special general court martial, and Letter Order 758 dated Nov. 24, affirming the military court’s creation despite the findings of the pre-trial panel.
Norpil, I think Promdi is a slang word in Tagalog that means someone from the Province. I must admit I’m rather weak in Tagalog but I’ve heard about that word many times.
thanks npongco.then i am also a promdi.
norpil,
masarap pa yata ang tulog ni joeseg. anyway, npongco is correct. Promdi is “from the province”. alam mo naman ang mga pinoy super sa pag-coin ng mga salita.
noel,
I’ve been telling you things in tagalog. naiintindihan mo ba ako? :).
I understand and can read Tagalog but I’ve problem writing and speaking it. But saying “Chi” is very easy because it reminds me of Chi-Charon, my favorite especially if combined with beer.
Noel,
OK. I thought I’ve been so insensitive in forcing you read me.
Anyway, my grandpa gave me that petname because he said I was funny doing the tai-chi moves (a chinese martial arts for balancing the yin and yang) when I was little.
Hi Norphil, napasarap talaga ang tulog ko, pero ngayon gising na naman! Thanks guys for welcoming me to this blog.
Tama si Npongco, PROMDI is pinaiksing “from the province”. Naging palasak ito about 10-15 years ago. Ito ang pumalit sa uso noon na Bagong Salta. Kapag mayroong medyo tatanga-tanga, losing their way around Metro Manila, not necessarily bagong dating from the province, the joke is: promdi kasi! Biro lang naman pero yong hindi ma-take ang ganyang biro, nagwawala. Hindi ko lang alam kong na-consider na ito ng Institute of National Language na isama sa new Tagalog words.
Sana mabasa pa ninyo ito dahil lumipat na yata kayo sa balimbing thread, ngayon pa lang ako nag-uumpisa:
RC: “I would like to say to you all (that) I am completely appalled by your collective gall. You’re totally bereft of principle that’s why you’re without shame.”
Joeseg translation for Dec. 14: “Nasabi pa namang kayong mambabatas, bakit ang saligang batas, ginagawang ninyo ng butas? Talagang kayo’y walang gawang magaling. Ngayon ano itong narinig ko, kayo ngayon ay bumabalimbing?”
Okay lang joeseg, palipat-lipat din kami ng threads. Nakita mo at pahaba ng pahaba ang lahat ng threads dito, di ba? Kadalasan nga ay nagkakaawalaan pa.
Lilipat ng threads? Hindi ba tahi ang ibig sabihin ng thread?
Just read that Assperon just freed two Marine officers again before the court martial convened, LtCol Guadrapa and Lt Col Hizon. It makes me wonder what this despicable military bogus chief of staff have in mind.
Mainit na pagbati sa mga kasama sa pakikibaka!
This morning, two officers were released upon the orders of Esperon even before the arraignment started.
What was that supposed to mean? Pahabol ala Esperon?
The lawyers and families of the accused military officers are not idiots nor morons not to know our rights and the whole process of a General Court Martial. We might even have better IQs than them. So they should not tell us that a PTI resolution/report is a privileged communication. WHAT EXACTLY DO THEY MEAN??? SOBRANG BOBO NI ESPERON…MAS MATALINO KAMI DUN…KAYA PWEDE BA ESPERON, I RELEASE MO ANG PTI REPORT SA PUBLIKO.
WE DEMAND FOR IT! How can we expect justice from such GCM when the people composing it are questionnable. In short, mga tuta din ni Esperon.
Mahilig ata sa fooling at lying si Esperon ng nasa academy pa siya. Kakahiya na siya. Patalsikin na!
Natatakot na si Assperon. He is probably feeling the intensifying heat, and fears now the wrath of the people. Thus, the pampalubag ng loob!
By that, he can pretend and say that he has been with the 30 soldiers who refused to be intimidated, harrassed and threatened for remaining to their oath to protect the country and people of the Philippines regardless of who is the president of the Philippines, legitimate or bogus.
Nice try, Mr. Assperon! You should be the one to be sent to prison for helping steal votes for your Mafia boss. There were witnesses to what you did, kahit na siguro ipapatay mo!
PATALSIKIN NA, NOW NA!
thanks anyway joeseg, as i said i must have been a promdi but probably was bagong salta since i am of older version.
Promdi is not a derogatory term as some may think. What’s derogatory is for some people to call and describe those from Pampanga as “dugong aso”.