Another officer accused in the plot to oust President Arroyo in February 2006 today petitioned the Supreme Court to stop court martial proceedings against him and to order his release from detention.
Army Maj. Jason Aquino and 27 other Marine and Army officers detained at Camp Capinpin in Tanay, Rizal, are facing court martial proceedings for their alleged plan to withdraw support from Arroyo in a projected mass action at the Edsa Shrine on Feb. 24, 2006.
In his petition for a temporary restraining order/ writ of preliminary injunction, Aquino, through lawyer Francisco Chavez, asked the SC to enjoin Armed Forces chief Gen. Hermogenes Esperon and the Special General Court Martial no. 2 from further prosecuting him for alleged violation of the Articles of War.
Aquino’s counsel told the high court that the SGCM2 was illegally constituted, having been created by Esperon who is the accuser, prosecutor, witness and reviewer himself; hence, its proceedings are null and void as they have been conducted with grave abuse of discretion amounting to lack or excess of jurisdiction.
The petition pointed out that Esperon himself executed an affidavit, to be used as evidence for the prosecution, showing his personal feelings or interest in the prosecution of the accused.
Chavez further claimed that Aquino’s continued prosecution and his co-accused for violation of Article 67 (mutiny) cannot legally take place since its basis, the pretrial investigation eeport (PTIR), exonerated petitioner of the charges.
The only charge sustained by the PTIR was petitioner’s violation of Article 96 (conduct unbecoming). – Evangeline C. de Vera
I am confused! The charge is conduct unbecoming of an officer (and gentleman?). The court was created by Experon, who is the accuser, prosecutor, witness and reviewer. Hindi pa conduct unbecoming of an officer din ito. Is his definition and understanding of “conduct unbecoming” different from that of the other officers. Isnt he the Chief of Staff?
The SC should junk the case against these officers who may or may not have expressed desire to withdraw support from a criminal which Mrs. Pidal is for having violated the Election Code that is punishable by fine and imprisonment. It is not an allegation but a fact, and the only reason why she is still free is because she has made sure that her appointees are the ones sitting at those agencies supposed to arrest, prosecute and put her and her cahoots in jail.
Kawawang Pilipinas! Binaboy ng husto ni Unano, et al!!!
Ellen,
I do hope that the current SC will rule in favor of the detainees.
About time someone in that so-called high court started doing the right thing to get rid of the Davide et al stench.
Esperon doesn’t have a legal nor moral leg to stand on with his idiotic court martial.
1) his own investigators found not evidence warranting the pressing of criminal charges against the so-called mutineers
2) Esperon’s fabulations are not enough to overturn OJAG’s findings and recommendations
If Esperon really wants to continue with his inanities, he should stage a coup d’état against Gloria and declare himself president or dictator of a Banana Republic.
If he doesn’t have the balls to do something like that, then I suggest that he should shoot himself in the mouth and be done with it.
Pillock!
Rose,
“The court was created by Experon,”
In theory, a court martial at this level is convened upon instructions of chief of staff armed forces but since Esperon is only a bogus chief of staff (he’s a cheat of staff if we go by what a poster here said) he doesn’t know what he’s doing so you’re right to question what he does where the military is concerned.
I’m pretty sure that even the scouts at Sandhurst (children of military instructors in the UK military academy usually are scouts) know a lot more about a professional military that this bumbling idiot that is Esperon.
Sorry- Esperon pala. Seguro, unconsciously ang nasasaisip ko ex-person. Kasi ang mga ginagawa niya mukhang hindi makatao.
Esperon is a very, very, ignorant military leader, These soldiers whom he accused really needs him to account for jumping to his inconclusive manufactured evidence. Esperon has already deemed those soldiers guilty and want to convict them with his creation of Kangaroo Court. His moved is profoundly illegal. Kangaroo Court of Esperon is so simple to understand the concept, even a fourth grader students in public school at remote barangay can easily know the meaning. His evidence is basically originated itself with lies, lies, and more lies. It is politically motivated, teems with icons more interested in hiding the truth. Esperon and his midget superior has quietly clear, become a criminal organization. They prostituted our country and treated our government as their business venture and looking for huge investment type of return. It is being much monetized.
How much the price tag of these soldiers will be in sitting their asses in a cold cement floor of the slammer?
The argument of Aquino’s counsel is definitely learned. I see no reason why SC will turn it down.
BTW AdbBrux says PILLOCK . I asked Mirriam Webster what AdBrux meant and Mirriam answered “??”
ystakei Says:
Kawawang Pilipinas! Binaboy ng husto ni Unano, et al!!!
…
Palagay ko lalong angkop ang ‘inutil’ kaysa ‘kawawa’
cocoy Says:
Esperon is a very, very, ignorant military leader.
…
Esperon is also a 5 star general.
Kejotee: Easperon is also a 5-star general.
******
So what if he is a 5-star general? Everybody knows how he got it anyway. Comes judgment day, he will be made to eat all his stars! That will be the day!
I won’t call the Philippines “inutil” even when the Pidals apparently want to make it so. “Kawawa” is more fitting, like what is expressed in that song called “Bayan Ko” that BTW was composed in the 30’s when Filipinos were struggling to be free from the US. It was not composed for Ninoy Aquino.
Kejotee;
A five star general means nothing if he can’t command, your five star general Kejotee is fragrantly corrupt, he irritated many of the junior officers who stand on trial on his Kangaroo Court. These brave soldiers simply needed commander who would support them properly and who could win their confidence and make them believe that their cause of being a soldier is worth risking their lives in their battle against the enemy of the Republic, and through their sacrifices even they wear a quarter size torn sole of combat shoes.
If the Philippines is “inutil” now, it is because it is run like hell by a criminal and a first-class inutil!
I pray that the high court will finally listen to therse erring soldiers. Senga had his ear plugged when these soldiers went to hiom to voice their disgust on Tiyanak’s use of the soldiers in the 2004 rigging of the elections. Then Mayuga whitwashed the report which supposedly should have confirmed the involvement of the two hemorrhoids (Assperon an Ebdane)and the generals who are now heading all the commands of the AFP ( a form of pay off for a job well done in the cheating operations in the 2004 elections). Then there is the lower courts who are just sitting on the prioer motion of Col Querubin to issue a TRO on this Kangaroo court. Months and months have passed and the CA has not lifted a finger to act on the motion to issue a TRO. Either the lower courts are waiting for the “padulas” money or all the justices are looking at the big Supreme Court jusctice positions. Let us see what the supreme court does. This body seem to be showing a character of its own. However, with the addition of the the Chief Justice who is an ally to the tiyanak and Nachura, another ally to the tiyanak, I only have my one and only final JUDGE to rely on, my GOD who is the ultimate judge! May the holy spirit work on the minds and hearts of these supreme court justices to see the merits of these soldiers’ sacrifices for their countrymen who are now going through a very oppressive and depressive regime! If Honasan is able to secure bail for himself, I have high hopes that the Supreme Court will rule favorably for these incarcerated soldiers. I did not see any one of them march on the streets with the masses. They followed the chain of command. When Senga said go back to the barracks, the erring soldiers followed. So, where is the crime?
Where are Senga and Mayuga now? Both have positions that are so insignificant that they may not even want to talk about it. This is the price of being used by a usurper! So, the justices should be guided by a higher moral standard. Not that of protecting the tiyanak who is known to be a user. These justices should look for divine intervention. The families of these incarcerated selfless officers and soldiers are praying for the High Court to heed their prayers to be saved from the wrath of this bogus regime!
Pillock: A person who is not very bright or stupid
Kung pede po sana na wag nalang punahin ang english ng iba puro naman tayo pilipino dito o dating pilipino.
anna, yuko…wala na talagang ibang magawa na matino dito. sa pagiging mahilig ng showbiz ng mga trapo dito, pati hustisya ay ginagawa nalang showbiz. the blatant, calousness of even some military personnel jst shows how the poison of the EK has spread..nothing more. THe most corrupt country in SouthEast Asia, and pandak deny’s it?!?!?! Tingnan nalang nya kung anong klaseng mga ulupong ang nilalagay nya sa mga departamento ng pamahalaan! Binaboy na nya halos lahat! starting with questionable military chief of staff down to the dept of justice secretary who has nothing inside his brain but smelly fart!
noypinoy, I am trying to learn new words, can’t you see? What dictionary are you using?
cocoy, Esperon being a 5 star heneral is meant to be an understatement – a disconnect between stupid and brilliant.
ystakei, point is – pinoys must do something instead of taking all the crap from gloria.
search mo lang google dre dami dun
What else is new? 30 star genrals, PMA scholars, West point graduates, Decorated men of honor….. Saluting (yes mam! yes mam!) a cheater!
In fairness, not all PMAers are like the two hemorrhoids(Ebdane and Assperon). Actually, these two are just a few of the institution’s bad eggs. Also include Mayuga, Allaga on the list.
kejotee Says:
April 21st, 2007 at 5:47 am
ystakei Says:
Kawawang Pilipinas! Binaboy ng husto ni Unano, et al!!!
…
Palagay ko lalong angkop ang ‘inutil’ kaysa ‘kawawa’
kejotee,
ibig mo bang sabihin INUTIL na ang mga pilipino at wala ng pag-asang makaahon sa kasalukuyang pinagdadaanan sa ilalim ng administrasyon ni gloria?
huwag naman. buhay pa tayo. may lakas. may isip. nagkakaisa sa ating mga hinaing na dapat nang matuldukan. kung sasabihin mong inutil dahil ganu’n at ganu’n pa rin ang kalagayan (o sumasama pa dahil sa mga panlilinlang, kasinungalingan at pagnanakaw ng pamunuang arroyo) sa kabila ng pagpapalitpalit ng mga namumuno, iyan ay dahil na rin sa kawalang damdamin ng mga mapagsamantala’t mapagkunwaring katulad ng mga namumuno sa kasalukuyang pamahalaan na galit sa nang-uumit ngunit sila pala ang mga TALAMAK NA MAGNANAKAW!
kung sakaling magbago ang ihip ng hangin sa resulta ng bilangan sa ginaganap na eleksiyon, upang mabawasan (kundi man mawala) ang kurapsiyon ay bigyang sampol ang mga katulad nina mike baboy, gloriang bubuwit, siraulong gonzalez, titing bunye, eduardo ermita-e, jose tae-nga ng daga devilnacia, hermuhenes espurol at kung sino sino pang mga magnanakaw na mambubutas sa mababa at mataas na kapulungan, mga tiwaling opisyal ng hubong sandatahan at pambansang kafoolishan.
sigurado ako, makakaahon tayo at magkakaroon na ng panibagong pag-asa upang umangat ang naudlot nating pag-unlad. magkaisa lamang tayo, hindi malayong matupad ang lahat!
ang bunton ng mabuting ani ay hindi nawawalan ng madaling mabulok na bunga dahil sa pagkalantad sa mababagsik na elementong nagpapabilis sa wala-sa-panahon nitong pagkahinog. katulad nitong si espurol na siyang pinakamapaklang halimbawa ng mabilis na pag-angat sa kinalalagyan, hindi man karapatdapat, dahil sa eksposyur niya sa katiwalian, rumaragasang nilampasan ang mga seniors niyang dapat na nasa kanyang katayuan. subalit, ano ang kanyang kahahantungan kapag wala na sa kanyang kamay ang inaabuso niyang kapangyarihan?
marami siyang dapat pagbayaran!
Magno, I liked the names you created for all the trapos. I laughed so hard that I almost peed in my pants!
I am an optimist too. I still believe that we ( all the 85 million Filipinos) have so much power to change our destiny. We can start by using our pens in the upcoming elections. The pen is mightier than anything!
Correction: The pen is mightier than the sword!
Clearly, there is a grave abuse of authority and gross indiscretion on the part of esperon. He knew from the start that his case against the accused officers will not prosper. For more than four months he witheld the result of the PTIR which exonerated them of mutiny. He even lied to the that the leaked PTI was fake then admitted later that the recommendations are the same. He announced that it is his prerogative to reverse the PTI recommendation.
Most of the officers are charged of ‘conduct unbecoming of an officer and gentleman’ which does not warrant detention.
His intention is to prolong their detention until he retires next year.
But still it is a transgression of individual’s right to liberty.
It is like accusing a person of murder (even if the fiscal recommended a slight physical injury case) so that he can’t post bail and languish in jail while his case is being tried indefinitely by a person who is the accuser, fiscal, and the judge.
May the justices rule in favor of the accused officers.
My sympathy to the people of the Philippines under a criminal running a fake show at the Philippine court, Shirl. I feel lucky in fact that I am in a country where the voice of the majority has more weight than the squeaky voice of a criminal like the power grabber squatting at the palace by the murky river.
Ang naituro kasi sa mga pilipino ang magsinungaling even in the name of the law and even in the Name of God! Grabe! Tignan mo naman ang kahibangan ni Mrs. Pidal who now claims she sees an apparition of the Virgen in some petals! May tililing na iyan.
soleil Says:
April 21st, 2007 at 10:01 am
anna, yuko…wala na talagang ibang magawa na matino dito. sa pagiging mahilig ng showbiz ng mga trapo dito, pati hustisya ay ginagawa nalang showbiz. the blatant, calousness of even some military personnel jst shows how the poison of the EK has spread..nothing more.
i say: ” sa pagiging mahilig sa showbiz ng mga trapo dito, pati mga starlets na mukhang hostess ay ginagawa nilang miyembro ng kanilang endorsers’ list.”
Mrivera – napakahaba na litanya ng katiwalian ang iyong tinuran laban sa pinoy, bawat tiwali ay dagok sa dibdib at sipa sa puwet ng taumbayan. Ganoon pa man ay di pa rin magawang kumilos si pinoy upang ituwid ang mga katiwalian na iyan. Hindi naman gago ang pinoy – bakit tahimik at di man lang mag-alsa boses upang marinig ang hinaing?
Kung atubili si pinoy na harapin ang salot sa tabi ng ilog gayong sadlak na siya sa dusa at hikahos sa lahat ng bagay, hindi nga siya maka-ahon sa hukay na kinalalagyan. Kahit na magbago pa ang pamunuan, ganoon pa rin tadhana ng pinoy kung di siya magbago ng asal. Walang mang-aapi sa bayan na ayaw magpa-alipin.
kejotee,
ano pa ba ang maitatawag mo sa palitan ng kuro kuro sa bahay ni ellen? ang pagkakaisang huwag nang magpadala sa mga kasinungalingan at bantayan ang resulta ng halalan?
nakakalungkot isipin na ituring mong INUTIL ang sambayanang pinoy!
Mrivera, itigil na yang romanticizing lungkot at dalita. Dapat kumilos na ang pinoy at magprotest man lamang. Gaya ngayong napipintong eleksiyon malamang ay malaking dayaan ang magaganap. Ano ang gagawin ng taumbayan? Mamilipit lang sa tabi at tanggapin ang sawing kapalaran??
Maging maayos sana ang desisyon ng Supreme sa petisyon ng mga akusadong militar dahil iligal naman ang court martial ni Assperon na iligal din sa pwesto dahil appointed siya ng iligal na presidente.
kejotee Says: “……. Ano ang gagawin ng taumbayan? Mamilipit lang sa tabi at tanggapin ang sawing kapalaran??”
itinuring mo na nga kasing INUTIL.
subalit nagkakamali ka, kejotee. patutunayan sa iyo na buo pa ang tiwala ng mga pinoy sa kanilang sariling kakayahan upang maipaglaban ang karapatang magtamasa ng maayos na buhay. sa halalang ito, tuloy ang paniningil ng pautang kasama na pati tubo.
tingnan mo kung paano sumemplang ang mga alagad ng lagim na nagtatago sa madilim na sulok ng malakanyang!
Ang afp ay wala ng nirerespeto. pati sariling batas ay binababoy na.
sana’y mag desisyon na ang korte suprema pabor sa mga akusado.