Here goes again Esperon threatening to railroad further the court martial proceedings against Maj. Gen. Renato Miranda et al by appointing a lower-ranking military official to try the accused officers.
Here’ Victor Reyes’ story in Malaya
Armed Forces chief Gen. Hermogenes Esperon Jr. said the unnecessary use of the peremptory challenge in the court martial of ex-Marine commandant Maj. Gen. Renato Miranda and company is just a ploy to delay the proceedings.
Last July 18, Miranda got rid of Lt. Gen. Alexander Yano, military tribunal president, by challenging him. His co-accused Brig. Gen. Danilo Lim then challenged Yano’s successor Maj. Gen. Raul Caballes and also got the latter to inhibit himself. Each of the accused is entitled to a peremptory challenge even without cause and any officer challenged would have to exclude himself from the proceedings.
“All right, they can go on challenging until all their peremptory challenges are exhausted. But if they challenge unnecessarily then that goes to show that they are just delaying the military justice system,” Esperon said.
He also corrected notions that the president of the military tribunal should at all times be senior to highest ranking accused. “As far as practicable, the president of the court martial must be senior to those who are being tried. That is what the manual (says), as far as practicable. In other words, if they challenge all generals, then I could put there a colonel and it is perfectly legal,” Esperon said.
The defense panel is questioning the authority of Maj. Gen. Serrano Austria, who took over Caballes, because he is junior to Miranda.
Lim’s lawyer Vicente Verdadero admitted that an officer junior to the highest ranking accused may sit as president of the tribunal “if it cannot be avoided.”
The AFP has few major generals who are Miranda’s senior in the lineal list, and 11 lieutenant generals, including Yano.
bakit kasi hindi si espweron ang paupuing presiding judge sa kanyang kangaroo court? tutal, siya ang nag-aakusa, siya ang nag-uutos kung ano ang dapat ihatol at siya rin ang makakapagpaabswelto.
para na rin malaman ang tunay na galing ng supot na ‘yan!
matapang lamang sa hindi magagawang lumaban!
!@#$%^$#$#@%&%^*%^$#@!!!#@$^*^%(*)$#@!!
Re “bakit kasi hindi si espweron ang paupuing presiding judge sa kanyang kangaroo court?”
I ask myself the question. Why doesn’t Esperon volunteer to sit as presiding judge? What is he afraid of? He’s only the chief of staff of the armed forces. Why doesn’t the Board of Generals say something about this?
In reality and in practice, it’s the major service commanders who hold the real power and command – PAF, PN, PA commanding generals in theory should hold the real power of command and not this pillock of an Esperon.
Esperon is fogetting that if we were to apply military rules strictly, he does not have real powers of command. He is merely Gloria’s sort of “secretary” or “sargeant” when it comes to the military. Unfortunately, the office of JAG AFP is within the CSAFP structure (not command structure because purely staff purposes…)
The Board of Generals is the only place where he can hold sway, being its chairman but in principle, he cannot overrule a combine decision by the Board. Sadly, our major service commanders let themselves be bamboozled by Esperon, Gloria’s M/Sgt.
Ellen,
In principle what Esperon who serves as Gloria’s T/Sgt and M/Sgt combined is true: it’s purely tradition to have a senior officer (more senior) as presiding officer but this is partly because military tries to prevent even the remotest possibility of a less senior officer being vindictive (and logically, more senior officer has more military experience, yakatiyakyak, etc.!).
However, given the moral backlog or the incredible moral vaccuum existing in the Philippine military today, I suggest that Miranda accept a less senior to preside – the younger or less senior of the AFP today have a higher moral ground those who have higher ranks – in this case, he might find that the presiding officer might be more sympathetic (someone capable of saying “This court martial is all shit and has no leg to stand on so out with it!” Hehehehe!)
Here’s my research:
From JAGO, AFP:
”Art of War indicates that: in no case shall an officer, when it can be avoided, be tried by officers inferior to him in rank OR by those below him on the seniority list.
Gen Miranda is the most senior among Maj Generals. So, the president of the GCM must be a LtGen. But there are only 11 Ltgens in the AFP. If all 28 accused officers will exercise their right to peremtory challenge and oust all LtGens, then maybe an officer who is junior to Gen Miranda will sit as the court president.”
I think it was assperon who deliberately delayed the proceedings when he withheld the result of the pretrial investigation report (oct 2006) which he claimed a confidential document but released it sometime in april 2007 when the accused insisted to know their charges.
Gumagana na naman ang pagka utak dilis ni assperon.
“…then maybe an officer who is junior to Gen Miranda will sit as the court president.”
Spy,
Pwede rin ba na ma-peremptory challenge ang “junior officer” who will sit as the court president.
Sorwee, but in terms of law, much more military law, wala akong alam, heheh!
Ellen,
How many peremptory challenges is Miranda’s lawyer entitled to?
As far as I know, there is a limit or is there not?
Siguro nang-iinis lang ang lawyer ni Miranda. Heheheh! After all, abusado si Esperon so sige – lokohan na lang sa procedures.
But as I’ve suggested in an earlier comment, after exhausting all the peremptory challenges, it would be great to have a young or less senior officer sit as presiding judge – heheheh! Would be an advantage, tactical advantage!
Sana classmate ni Lim or ni Querubin ang maging presiding judge! Hah!
Sige! Bitayin na si Esperon!
Napapansin niyo bang itong si Assperon at si Raul Gunggongsalez ay pareho ang ugali? Iyan dalawang iyan ang ilan sa mga berdugo na tauhan ni tiyanak. Kaya kahit papaan’y hindi ako masyadong galit kay Mike Defensor na medyo cool lang noon maliban sa palpak niyang witness sa Garci scandal. Tahimik na nga ngayon ang idolo ng mga GRO ng QC. Baka bukas makalawa sumanib na iyan sa oposisyon. Tutal, malapit din naman iyan kay Erap.
The Ass damn well knows that the soldiers cannot, as Spy said “be tried by officers inferior to him in rank OR by those below him on the seniority list.”
I think the Ass should be egged again & again & again !!!
“In other words, if they challenge all generals, then I could put there a colonel and it is perfectly legal,” Esperon said.
O sige na – put in a classmate of Querubin’s or why not get one of the instructors from among the PMA Corps of Professors! Hah! That will be great!
If my favourite PMA professor is still there then there’s a great chance we might see some justice in this court martial. My favourite PMA prof used to be a Cdr Philippine Coast Guard then joined Hqs PN with modernization board when Coast Guard split from Navy, but resigned from Navy to become member of the professioral corps of the PMA; he was educated Kings College, London; he resigned from navy because he said was disgusted with corruption and navy politics.
Military members of PMA professioral corps are military officers in active service but are independent of major service commands, if an officer resigned from Navy, doesn’t mean he’s become a retired military officer – PMA is a separate, independent “command” if you will but is directly under same “command structure” of CS AFP(yuk, yuk, yuk) although PMA superintendent if he is brave can tell CS AFP to go to hell (which PMA Superintendent, then Commo Billy Marcelo did in a riposte to demands being made on him by then CSAFP Boy Abadia – in effect Marcelo told Abadia to sod off, that command decisions re PMA stopped with him and not with GHQ…)
Chabs,
My spiritual director said that the reason why teachings are “again &again &again” being told/preached is for intended people to get them right. And he said that “we will do it over and over and over again, until you get it”! I liked it.
Kaya nga sa mga critics ng Ellenville na pare-pareho daw ang sinasabi natin dito…we are right on the spot (pahiram Anna).
Chabeli,
It’s not quite absolute that these officers cannot be tried by officers lower in rank – the presiding judge or panel chair/president must be senior than the one being tried but if there are no more higher ranking officers than the one being tried, what does one do?
In any case as I said, the tradition rose from a pragmatic stance (emanating from Great Britatin’s Articles of War from which US military articles of War were copied) that it is preferable to have a more senior to avoid the remotest possibility of backlash and based on traditional belief that senior military officers have more experience, etc.
Articles of War at the time of Queen Elizabeth I were drafted to rule the “merchant marines”.
Chi,
fm JAGO:
”each accused officer or enlistedman can challenge any member of the court before arraignment. This is peremtory challenge (without cause). Each is entitled only ONE challenge”
”after arraignment, the accused can also challenge (with cause, not peremtory) any member of the court who he feels partial or biased against him.” This time, the court will VOTE secretly to sustain or deny the challenge.”
Sabi ng JAGO, madali naman daw intindihin at sundin ang court martial rules. Pero, mas may ”say” daw ang AFP keysa mga accused if it really wanted to pin them down. Kasi raw pwede naman daw i-deny lahat ng motions ng defense if the court wants. So, kangaroo court pa rin.
sa mukha palang ni esperon na “ass-peron” na palayaw nya kay artsee hnde na mapagkatiwalaan ! kasama na dyan sina ermita at reyes ! sila dapat ang ikulong.
Pero Gody, si Angie Reyes medyo bati na kay Erap. Wala pa naman tayong naririnig o nasasaksihang may masamang ginawa siya sa oposisyon. Tahimik lang ang mamang iyan di tulad ng mga ibang maingay.
Thanks, Spy.
Ganun naman pala at panalo pa rin sila, bakit pinatatagal pa ni Asspweron, kasi wala siyang hawak na pruweba?! Kangaroo court talaga!
kasi artsee, noong si angel reyes pa ang chief of staff, marami na din nagawang pag kukulang at wala din word of honor yan, cguro ngaun uma amoy lang dhl kapag na aquit si erap tiyak mag sisibaliktaran na naman ang ang mga hayop ! palagay mo?
Meron na daw prepared na listahan si assperon kung sinusino ang i-convict. Hindi raw lahat. Yun daw instructions nya sa JAGO thru Col Davila–personal lawyer of assperon.
Alamin ko kung totoo.
Pinatawad na din ni Erap iyan si Angie. Lahat pinatawad na niya maliban si Chavit Singson. At kung aamo at hihingi din ng tawad si Singson, baka patawarin din ni Erap. Ewan ko na sa kumpare kong iyan, napakabait. Malayo sa imahe niyang barumbado sa pelikula.
Thanks, Spy.
Pati i-convict ni asspweron ay advance!
Re “Yun daw instructions nya sa JAGO thru Col Davila–personal lawyer of assperon. ”
Really? hahahhah! Col Davilla must have an IQ of 35!
Anyway, time for the incarcerated boys to pool talents and to beat this fellow with an IQ of 35 (Esperon’s IQ is a bit higher, must be 40…)
# Spy Says:
July 23rd, 2007 at 1:15 am
Meron na daw prepared na listahan si assperon kung sinusino ang i-convict. Hindi raw lahat. Yun daw instructions nya sa JAGO thru Col Davila–personal lawyer of assperon.
Alamin ko kung totoo.
************************************************
Pati pa pala kung sino ang guilty ay may dagdag-bawas pa pala.
Kung ang mga unggoy at matsing talaga ang magtanim ng saging
ay pinipili ang putol na may dahon.Naiwan ang pinagpilian ng puno na may ugat kay pagong.
Thanks Spy for clarifying the procedures of the court martial.
Peremptory challenge can only be availed of by the accused once. But the challenge for cause has no limit.
Esperon and the Trial Judge Advocate, Col. Loy, miss the point or maybe they are deliberately confusing the issue when they accuse the detained officers of deliberately delaying the trial so that it can reach Feb 2008 without arraignment (by then the case would be automatically dismissed). If it happens that the prescription period is reached in February 2008 is reached, that would be great.
But the point is, trial should be fair and just. That’s the most important.
You can’t have a fair and just trial when the rights of the accused are being trampled upon. You can’t have fair and just trial when the accuser is also the judge.
Spy, pahingi ng listahan. you have my e-mail.
There will never be any military justice under asspweron! Afterall, he is just the hatchetman and the sgt of tiyanak. Asspweron is probably doing the tiyanak style of getting everything he wants, that is, to promise anyone of these Jago panel the Cheat of Staff position when he goes. Isn’t Yano one of the contenders? Whoever convicts these men of honor will be given a hefty reward, for sure!
parasabayan,
nakuha mo! maliwanag pa talaga sa sikat ng araw sa katanghaliang tapat ang parehong motibo nina espweron at d(em)onya gloria. palibhasa’y mga sukab kaya ang gusto ay katulad nila ang mga nakapaligid sa kanila para nga naman walang matatapon sa lahat ng kanilang kinukulimbat. walang makikialam dahil iisa ang kanilang kulay!
Seriously, Esperon cannot sit as the head of the court martial simply because “BUKAYO” po ang laman ng utak nya eh. Ngatngat ng ngatngat lang ng bukayo mula pagka plebo hanggang kumapit na parang tuko kay Arroyo para maging chief of staff. Kung magsalita din ang prosecution, akala nila natutuwa kami na nadedelay ang court martial proceedings, kung minsan natatawa na lang kami kay esperon at parang baliw na naghahanap ng paraab para sirain ang pakikipaglaban namin. kawawa naman pamilya nya na syang magpapasan ng kahihiyan na dala ng ama nila. ilang buwan na lang, wala na si esperon, nakapili na ba sya ng maupuan nya? hay…anhirap makipag usap sa bobo.
invictus,
bukayo? akala ko lugaw na panis ang laman ng utak ni espweron?
tama lang na tawanan ninyo ang mga kapalpakan ng cheat of staff sapagkat wala naman kayong mapapala sa klase ng bobong matsing na ‘yan.
Invictus, welcome back! I hope you are re-invigorated after your study grant abroad.
Check out the photos of the last hearing: http://www.ellentordesillas.com/?p=1370
matalino naman yon ! kaya nga name nya hermo-genius e-spy- eron. kaya ginawa ni bruha gloria na “spy” nya.
at saka mdyo malaki din ang size ng utak nyan 81mm (parehas sa sukat ng bala ng mortar)kaya pwedeng pwede na kapalit nong pulbura, cguro nmn puputok na yan walang palya!
gody,
naniniwala kang kasinlaki ng bala ng 81mm mortar ang sukat ng utak ni espweron?
pupusta ako, maliit pa sa bala ng perdigones ang utak niyan. baka nga wala pa, eh.
ipapalit sa pulbura ng bala ng mortar? huwag naman, kawawa ang mortar gunner, baka siya pa ang masabugan!
Ang tingin ko in the Courts of Esperon there is no justice–ang kanya ay..”I am the Cheat of Staff–just do this..and that is what I mean by justice.”
Invictus: ang sabi mo ang utak ni Esperon ay bukayo..bakit ang ulo ba niya ay niyog? Kasi ang laman ng niyog ay ginagawang bukayo. at ang asucar segurong ginamit ay hindi yong tunay..sweet? and low- kaya pala low as in I? Q?
Utak bungo si ass-peron !