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Lim, Miranda ask SC to stop court martial

by Gigi de Vera

Military officials tagged in last year’s failed coup plot against President Arroyo yesterday asked the Supreme Court to order their release from detention and to stop the court martial proceedings against them.

Marine Major Gen. Renato Miranda and Brig. Gen. Danilo Lim, Army First Scout Ranger Regiment commander, filed a petition for certiorari, prohibition and habeas corpus before the SC against AFP chief Hermogenes Esperon Jr. and the Special General Court Martial No. 2 (SGCM2), which ordered their detention for alleged violation of the Articles of War.

Lim, Miranda, and co-petitioners Marine Col. Armando Banez, Army Maj. Jose Leomar Doctolero and Army Capt. William Upano were all charged with Articles 67 (mutiny), 96 (conduct unbecoming an officer and a gentleman) of the Articles of War. Additional charges of violation of Articles 63 (disrespect toward the President), 65 (willfully disobeying order) and 97 (conduct prejudicial to good order and military discipline) were brought against Lim.

Miranda and Lim asked the SC issue a temporary restraining order and/or a writ of preliminary injunction ordering Esperon and the SGCM2 to desist from convening a court martial and conducting any proceedings against them, and to order their release from detention.

Lim said Esperon, who convened and reviewed the SGCM2’s report that overturned the findings of the pre-trial investigation panel dismissing the charges against him, had already prejudged the case despite the absence of a prima facie evidence against the respondent officers.

Lim also argued that there was no evidence to warrant court martial proceedings against him for violation of Articles 67, 63, 65, 96 and 97 for his actions on Feb. 23, 2006. He said he and Marine Col. Ariel Querubin actually went to see then chief of staff Gen. Generoso Senga and Gen. Rodrigo Maclang to ask Senga to help them stop some soldiers planning to join the protest march the following day in celebration of the EDSA Revolt.

Lim told the high court that his detention at Camp Capinpin in Tanay, Rizal on orders of Esperon is illegal since even before the start of the pre-trial investigation, he had already been under house arrest in Fort Bonifacio. He said he was forcibly brought to Capinpin on July 11, 2006 after attending an investigation by the National Bureau of Investigation in Manila.

Miranda’s lawyer Rolando Cipriano said the pre-trial findings have already absolved all of the accused and “there is no factual basis for the court martial.”– Evangeline C. de Vera

Published inFeb '06Military

31 Comments

  1. Agree, “there is no factual basis for the court martial.”, something Esperon has failed to grasp.

    Let’s see…

    Esperon’s own AFP investigators submit to AFP Judge Advocate General findings there’s no basis for accusations, so what can a decent advocate do? Nothing.

    But Esperon’s warped mind can not accept what his own legal investigators say and decides to overturn findings, and thereafter orders a court martial BUT FOR WHAT?

    If the AFP’s very own legal experts say their accusations have no legal leg to stand on, what on earth does he expect his own subalterns to do? Invent them?

    This is what we call Misrule of Law in Gloria’s version of her Enchanted but Schizophrenic Republic.

    This issue will now test SC independence.

    I say to BGen Lim and the rest of the AFP brave: Hang in there, give Esperon and his bastards a run for their money.

  2. TonGuE-tWisTeD TonGuE-tWisTeD

    Anna asks,
    “If the AFP’s very own legal experts say their accusations have no legal leg to stand on, what on earth does he expect his own subalterns to do? Invent them?”

    Of course, they will. They did it to Gringo when they photoshopped pictures of him attending a supposed Magdalo blood compact session and paraded perjury-friendly witnesses who will readily corroborate the official lie.

    They did it to San Juan, whom they captured in a checkpoint near the rebels’ lair, aha! He was conniving with the NPA’s! So went the intel and propaganda ops that even had the whole document of “Oplan Hackle” conveniently left by an absent minded rebel San Juan in the camp’s lockers. I still think he’s lucky they caught him in Batangas. If he had been captured in Pasig, Magdalo could have been charged with conniving with drug lords!

    They did it to the other Magdalos, when they “convinced” one of them to return to the safehouse and point to cameras the evidences of rebellion like the Batasan blueprints. That’s as if they had not already turned the whole place inside out that they needed someone to show them, a few days after.

    They did it to Satur Ocampo, the Batasan 5, Tabayoyong, Erap 5, etc. More hooded witnesses, fabrications, and lies. Even 20-year old skulls were used to have Ocampo arrested even when the witnesses’ lousy handlers erred bigtime on Satur’s whereabouts on witness affidavits.

    They violated civil and military justice as if it never exists, what makes it different in the cases of Lim, Miranda, et al?

    Will the Supreme Court act favorably or will it just simply refuse by lack of jurisdiction?

  3. Justice delayed is Justice denied.

    HOW MANY of those in the military who are languishing in jail have been given JUSTICE? JUST TIIS ka na lang, Dong!

    The culture of corruption among the top-rank military officials are being ignored, becoz the commander-in-cheat is corrupt herself! ALL in the same league, ei?

    BUT look at those idealists who want a better AFP….
    they are left to suffer for loving the Country more!

    sanabagan!

  4. If the Supreme Court would do what the people of this country expect of them, that is to deliver fast justice for having no factual basis for the court martial, and stop the court martial immediately then it would be the first step to curb a totally corrupt AFP leadership which is long reaching and dangerously out of control.
    It would give hope to the members of the AFP trying to be professional and something to build on. At this moment the AFP is devoid of any honest foundations on which to build any trust. Lets hope that the Supreme Court have the wisdom, honour and vision to give swift justice and stop this Micky Mouse court martial hearing by a Fake and Dishonest Chief-of-Staff Haemorrhoids Assperon who is Judge Jury and Sentencer using corrupt evidence. He is dangerous and needs to be put in his place before we regret our lack of action. Most people in this world learned a lesson from Adolf Hitler but it seems the Filipino has not yet learned of Hitlers history lesson, with shame and ignorance in their hearts.
    This is one reason why Europe are looking on in utter amazement!

  5. What the european sees happening in the Philippines is a repeat situation of Hitlers control of european and his own countrymen by using force through the use of military Nazi Storm Troopers and the elite SS Troops by fear and intimidation

  6. Surely we here can see the similarity of Nazi Germany under Hitler with the killings, disappearances torture etc. that occurred in Hitlers German compared to with our presnt leaders Schizoglo, Haemorrhoids Assperon the Security Cluster and others. In the 1940’s the Germans allowed it to happen because they were dreaming of an Enchanted Kindom and in the name of economics and woke up when it was too late for them to stop it.
    Are we in the Philippines going to stand by and let history repeat itself! The Supreme Court has the chance to stop the rot and stop this farce of Haemorrhoids Assperon’s corrupt court martial hearing. Its the first step to some sanity that the Supreme Court can hand down to the Filipino as a start to save this corrupt Military and Administration.

  7. Surely we here can see the similarity of Nazi Germany under Hitler with the killings, disappearances torture etc. that occurred in Hitlers German compared to with our presnt leaders Schizoglo, Haemorrhoids Assperon the Security Cluster and others. In the 1940’s the Germans allowed it to happen because they were dreaming of an Enchanted Kindom and in the name of economics and woke up when it was too late for them to stop it.
    Are we in the Philippines going to stand by and let history repeat itself! The Supreme Court has the chance to stop the rot and stop this farce of Haemorrhoids Assperon’s corrupt court martial hearing. Its the first step to some sanity that the Supreme Court can hand down to the Filipino as a start to save this corrupt Military and Administration.
    The second thing the Supreme Court could do is order Haemorrhoids Assperon’s military out of the streets and barrio of the slum areas, immediately!

  8. BTW. Lets remember what happened to Germany’s economics in WW2… they ended up bankrump and the British patrolling their streets for many years, thats what happened!
    Hoy! Gising you gentlemen & women in the Supreme Court..

  9. TT: They did it to Satur Ocampo, the Batasan 5, Tabayoyong, Erap 5, etc. More hooded witnesses, fabrications, and lies. Even 20-year old skulls were used to have Ocampo arrested even when the witnesses’ lousy handlers erred bigtime on Satur’s whereabouts on witness affidavits.
    *****

    You bet! How can those witnesses say that Ocampo is responsible for these crimes he is held being legally responsibile now?

    Iyan ang issue na hind naiintindihan ng mga galit daw kuno sa mga communists. What they do not see is the illegality of the charges that have no basis at all since a person in incarceration, and Ocampo was even held incommunicado at that time and was supposed to be in complete hold and surveillance for these crooks to say that he was part of a plot whatever his political ideologies had been.

    This is not a question of whether or not he is/was a Commie but whether or not these charges against him is legal in the same manner of whether or not the charges against Lim, et al for not following the order of the Tiyanak to sacrifice more Filipino lives for her ambition was legal, right and proper, and in accordance with their conscience that should not in fact be in conflict with their oath of allegiance to country and people, not to one bogus president.

  10. Chabeli Chabeli

    I second the motion of AdbBrux:

    “I say to BGen Lim and the rest of the AFP brave: Hang in there, give Esperon and his bastards a run for their money.”

    Give the ASSperon hell !

  11. Chabeli Chabeli

    What that power-tripper ASSperon is doing is pure harassment !

    For those who were aware during Marcos’ time, is ASSperon worse than Ver ?

  12. Ver, Chabelli, did not have as much power now as Assperon. Up to the end, he was merely following orders, never once dictated on the Apo unlike what seems to be the situation now with the Tiyanak ever willing to be merely an AFP mascot—the way I observe her activities lately!

    Tangue, ang pangit naman ng Mascot ng AFP. Kundi pa nagparetoke ng mukha kay Belo-Belo!

  13. chi chi

    Assperon completely controls the tonta poser president. It is this super band-aid who’s running the show on the trial of these military officials that mocks not only the soldiery but the entire country as well. The Tianak has to pay her Garci Generals as long as she’s in her stolen throne at the expense of bayang minamahal!

    Free the Men of Honor, pronto!

  14. Mrivera Mrivera

    chi, to corroborate your analysis:

    Evading responsibility again

    EDITORIAL

    04/03/2007

    She claims to be in control of the Armed Forces of the Philippines, yet the latest word from Malacañang on the withdrawal of troops in the urban slums is that Gloria Arroyo has left the decision to order the withdrawal of the troops in Metro Manila to the AFP Chief of Staff, Gen. Hermogenes Esperon Jr., who it said will have the last say on the matter.

    What does that position translate to, if not that of a civilian Commander-in-Chief not being in control of her Armed Forces?

    Put in different context, the situation can be likened to US President George W. Bush, also the Commander-in-Chief of the US Armed Forces, leaving the decision to withdraw the troops in Iraq to his Armed Forces chief of staff. But isn’t that ridiculous, not to mention his handing over the constitutional civilian supremacy to the military?

    Gloria Arroyo’s chief Palace aide, Eduardo Ermita, stressed to reporters that, as she has left the “decision-making process” to the military leadership, critics should not hold Gloria responsible in the matter.

    “I really don’t know when our soldiers would be pulled out. You know, it’s really up to the leaders of the AFP to decide on that matter. Our President is giving the AFP leeway. It is not her style to micromanage the line agencies under her such as the AFP. So, if the AFP leadership thinks it is already okay to pull out the troops in the identified slum areas, then we are leaving it up to (the AFP leadership) to decide.”

    Any and all actions taken by the AFP leadership then, in the holy name of counter-insurgency moves are left for the military generals to decide, as Gloria is claimed not to “micromanage” line agencies such as the AFP.

    http://www.tribune.net.ph/commentary/20070403com1.html

  15. Magno,

    I’m just gobsmacked: “Gloria Arroyo’s chief Palace aide, Eduardo Ermita, stressed to reporters that, as she has left the “decision-making process” to the military leadership, critics should not hold Gloria responsible in the matter.”

    Totally, incredibly, unbelievably absurd to say the least.

    Edong has gone bonkers.

  16. chi chi

    Thanks, Mrivera.

    Sa editorial na nakalap mo ay si Tandang Edong pa ang nagsasalita. Kahit na ang Ermita, na kanya lang aide sa EK, ay mas makapangyarihan pa sa Tianak!

    Naku ha! Ang sabi ng takot na takot na Tianak ay si Assperon ang may final say sa withdrawal ng troops sa Metro Manila. Hah! Ang sisoprenik poser prisidinti ay hindi na pinag-iisip ng kanyang super Garci General Assoperon. Oopps, wala nga pala sa sariling pag-iisip si Tianak!

  17. chi chi

    Ayyayayaayyy!

    Since the Tianak is “not responsible in the matter”, she should then pack up and get lost! What is a commander-in-chief, shunning responsiblities, for!!!

  18. Yuko, you’re right, “Ver, Chabelli, did not have as much power now as Assperon. Up to the end, he was merely following orders, never once dictated on the Apo ”

    But there’s a huge difference: Marcos had proven that he had high IQ and by extension, the right amount of intelligence not to be dictated upon by military subalterns while Gloria’s much vaunted “high” IQ has never been proven. Sure, I admit she’s been good, adroit, cunning at doing bad things and by extension can make the impressionables believe that she has a certain level of intelligence but most animals in the jungle possess similar traits.

    Ok, I grant she’s managed to grab power and has survived but many idiots have managed to survive.

    So I agree with you, in essence, the ability to survive is NOT a gauge of intelligence. More than anything, it’s a primal instinct that inhabits even the most unintelligent of creatures.

  19. Chabeli Chabeli

    Ystakei & AdbBrux,

    I guess Ver looks like a saint next to the ASSperon !

  20. artsee artsee

    Nabanggit na din si Fabian Ver. Kitang-kita sa TV na hinihintay niya ang order ni Marcos na atakehin ang mga tao sa Edsa. Parang pinipilit niya si Marcos. Kung nakinig si Marcos kay Ver, siguro nag-iba ang kasaysayan sa Edsa. Baka maraming nasaktan at napatay. At baka hindi agad napatalsik si Marcos. Sa mga sandaling iyon, nakamasid lang naman ang mga tao na tawag ay “silent majority”. Nakamasid din ang taga-ibang bansa. Kaso tutol si Marcos sa gusto ni Ver. Si Ver kung kasing sama lang niya si Esperon at mga luko-lukong Generals ni tiyanak ngayon, puwede niyang suwayin si Marcos at lihim na nag-utos sa kanyang mga tauhan na ituloy ang plano. Pero iba si Ver. May paggalang siya kay Marcos hanggang sa huling sandali.

  21. Anna: Sure, I admit she’s been good, adroit, cunning at doing bad things and by extension can make the impressionables believe that she has a certain level of intelligence but most animals in the jungle possess similar traits.
    *****

    You bet, Anna, there is a big difference between being shrewd and cunning as a the devil, the father of lies and deceit, and being really intelligent in the real sense and meaning of the word. In short, manloloko! That’s the Tiyanak in and out!

  22. What? The creep is now not responsible for what Assperon does? Delikado iyan! If she does not know the principle of “command responsibility,” the Tiyanak should resign! Tan….ooops, can’t say bad words! pakimura na nga!

  23. Come to think of it, guys, this Tiyanak is there only to tapalani the way she tapalani at Baseco during a visit to the military post there disguise as a military clinic—iyong pala nagtse-check ng kung sino ang may natitira pang dalawang kidney! Yuck!

    Ba—-to, ba—to, bili na kayo! Taragis, kundi taong buo, kidney, etc. ang ibinebenta ni human trafficker!

  24. artsee artsee

    Medyo ginagamit na ng karamihan ang salitang “tiyanak” kay Gloria. Ako yata ang nag-umpisa. Dati kasi puro pandak at bansot na lang ang tawag. Eh natatamaan si Mayor Binay. Kaya tiyanak ang tamang pangalan kay Gloria.

  25. Mrivera Mrivera

    basta sa akin, siya ang babaeng mukhang dagang may naninilaw na ‘ipin sa loob ng malakanyang na ayaw nang umalis sa kanyang umaalingasaw na lungga.

  26. artsee artsee

    Mang Rivera, huwag mo naman ganyanin si tiyanak. May sariling dentista at dental hygenist iyan kaya regular mag-teeth cleaning. Balita ko ipatatanggal na niya ang nunal niya sa mukha gamit ang laser. May nagpayo sa kanyang isang Feng Shui expert na malas ang nunal niya. Tingnan mo si Nora Aunor sa nangyari sa kanya sa Tate.

  27. Mrivera Mrivera

    artsee, kahit segu-segundo ay magpalinis ng ngipin ang baliw na babaeng ‘yan sa loob ng malakanyang, mananatili pa ring dilaw ang usli niyang ngipin dahil sa bulok at tae ang kanyang laging nilalantakan.

    hindi na dapat tanggalin ang nunal sa mukha niyan kundi pabugahan ng blue torch para magsilbing nakapatong na nunal ang ulo niya sa kanyang leeg. imadyinin mo ang permanente niyang sunog na mukha, di ba parang nunal na lamang?

    he he he heeeh!

  28. artsee artsee

    Kung nananatiling dilaw ang kanyang mga ngipin, bakit galit pa sa kanya si Tita Cory? Hindi ba paboritong kulay ni Cory ay dilaw? May idea ako sa nunal ni tiyanak: Dagdagan na lang ng isa pa sa kanilang pisngi para balanse. Kung paano dadagdagan, iyan ang hindi ko pa alam.

  29. artsee artsee

    Koreksiyon: Kanilang pisngi hindi kanilang. Hindi kasi ako masyadong marunong mag-type. Kadalasan sektretari ko ang nagta-type ng e-mail ko pero bakasyon niya ngayon. Ang hirap kasi isang daliri lang ang ginagamit ko.

  30. artsee artsee

    Mali na naman: Kabilang pisngi ang dapat. Ano ba ang nangyayari sa akin? Ihahagis ko uli itong Apple laptop ko kapag mapikon ako.

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