Denying motions of the defense lawyers is more of a rule than an exception at the court martial hearings of Maj. Gen. Renato Miranda, Brig. Gen. Danilo Lim and 26 other officers in Camp Capinpin, Tanay.
It is so predictable that even before the seven-person panel would come back from a recess to confer, reporters have already written in their notebook, “motion denied.” And so far, we have not made a correction in our notes.
It was under this despotic atmosphere last Friday that Air Force Maj. Gen. Fernando Manalo entered the court room. He was the third ranking officer to be called after Rear Admiral Petronilo Magno and Maj. Gen. Pedro Insierto were expelled by peremptory challenges of Lt. Colonels Achilles Segumalian and Nestor Flordeliza.
Gen. Manalo came charging like a panzer tank declaring immediately “motion denied”. Trixie Angeles, counsel for Capt. Ruben Guinolbay, had the floor and she had not even articulated her motion.
“You have to hear my motion first,” Angeles corrected him.
Manalo, still arrogant, said, “Okay. What was it?
It was comedy if only it didn’t affect the careers and lives of honorable officers.
The defense lawyers didn’t let it pass. Frank Chavez, counsel of Miranda and Maj. Jason Aquino, accused Manalo of “acting with extreme bias and prejudice.”
Not only Manalo, he said, but the entire panel. “The only word this panel knows is “denied,” Chavez said.
Lawyers took turns in demanding that Manalo “voluntarily inhibit” himself from the proceedings. At first Manalo insisted, “I’ve never been biased in my whole life.” But the defense lawyers would not let him get away with it. In the end, Manalo had to voluntary inhibit himself, to the applause of the accused and their relatives.
Small victories.
Restriction on media was tightened. Tempers had to flare up before we were given basic information like names of the panel members.
We were also shunted almost a hundred meters away from the entrance of the court building, making ambush interviews almost impossible. Next hearing, we will bring a megaphone.
The court martial panel issued new guidelines on court decorum:
1. Children below 11 years old shall stay out from the courtroom premises.
2. Wives, relatives and friends as well as the general public shall not mingle with the accused inside the courtroom during trial and recess; neither shall they loiter in the courtroom and to make unnecessary noise, jeers, or applause.
3. Lawyers shall be prohibited from giving media interviews during recess inside the courtroom.
4. Accused at all times shall be prohibited from giving media, lest they shall be violating AFP RG- 141-02.
5. Media practitioners, accused and their relatives and the general public shall be prohibited from making video and/or tape recordings, and take photographs of the proceedings during trial and recess without explicit permission of the Court.
6. The accused at all times shall wear the proper uniform and sport the authorized hair cut.
7. The accused shall refrain from making unnecessary utterances and must speak only through their counsel or ask permission from the court to speak.
8. The counsels shall not speak without asking first to be recognized by the court.
“Violators shall be sanctioned, or cited for direct contempt and may be and/or detained with permission of MCM.”
Media restrictions became part of the tightening of security on the accused following the visit of Sen. Panfilo Lacson last week to look at the conditions of the officers and inquire about their needs.
Chavez said he saw nothing wrong about Lacson’s visit. “There can only be something wrong from a paranoid mind. If the military establishment is paranoid, it is afraid of its own shadow.”
Ganito kami ngayon
This is how far we are from the entrance of the court room. That’s Atty. Frank Chavez walking towards us.
Ganito kami noon
Ellen, was it Maj Gen Fernando Mesa or Manalo who was challenged?
These guidelines should have been drafted and issued even before the proceedings started from day one of the court martial.
Goes to show that the convening authority has absolutely no notion of professionalism… they are plain mercenaries.
Incredibly disgusting!
Grabe! Talo pa ata ang “Trial at Nuremburg”. Natalo pa si Hitler. At first I was glad may air force officer na kasama sa panel..but in less than a second nadismaya ako sa lungkot..dapat ang sinabi niya “I have never been biased in my whole life” until now.
..Ellen, ang layo ninyo sa court room..so how do you witness the whole proceedings?..is there a loud speaker that you can hear from where you are?..is there a wide screen na you can look at what is going on? kasi dito sa mga simbahan like at St. Patrick there are TV screens and everybody can see what is going on..do they (military) supply you with press releases?..or do you just rely on the defense lawyers?..how can you get to the truth kung puro denials?.. I am glad to see you looking happy in the second photo..how recent is this? Hope to see you looking like that when I go home early next year…
kahit gamitan ko ng magnifying glass hindi ko pa rin makita ang mukha ninyo sa first photo. Take care..
Ayon kay Atty. Frank Chaves, puro “denied” ang sagot. No difference from “note” by Senator Pangilinan during the canvassing of votes in Congress. The problem with all these court litigation and trials is that the ones giving orders and dictating are Gen. Esperon and Malacanang. How can the accused be treated fairly and receive justice?
I’m sorry for my typing error…Chavez and “noted” were what I meant. Atty. Chavez is an expensive high profiled lawyer. I’m curious as to how much he’s being paid by his clients. Magkano kaya at sino ang gumagastos? Maaaring pro bono pero hindi naman siguro papayag si Chavez na wala man lang kaunting kapalit. Or is he preparing again for another come back in the 2010 senatorial election?
Rose,
Kaya nga natawa ako sa photo na “ganito kami ngayon”, wala akong makita maliban sa mga guardia at malayong likod ni Atty. Chavez.
Grabe, harrassment ang 8 guidelines on court decorum, sa totoo lang.
Court decorum daw tapos “denied, denied, denied” ang puro sagot ng panel ni Asspweron. Sila ang walang decorum, so impolite and arrogant asses!
Binisita lang ni Ping ang kanyang mga kapatid na sundalo e natatanta na si Gloria at Ass. Higpit na ang kasunod.
Paranoid schizophrenia ang kumalakat na sakit sa EK.
Rose is right to raise the spectre of the Trial at Nuremberg. A trial set up, filmed, recorded, etc for posterity to show how the democratic framework works even for war criminals.
Esperon must bear in mind that Gloria and he cannot always remain behind Esperon’s military janitors and that one day, if they abuse and misuse the legal frame within which the court martial should be exercised, they might find themselves before the same officers and men to defend themselves for crimes against the Filipino people.
Already, Esperon can be charged for violation of the articles of war when he gave orders for the officers and their men already in combat TO STAND DOWN which can be be interpreted as dereliction of command responsibilty thus causing the deaths of several junior officers under his supreme command…
Esperon is goddamn lucky! He is a general belonging to a destroyed military, otherwise, I would personally have had the UK Armed Forces/RN Articles of War thrown at him, particularly the following specific articles (pertaining to the unnecessart deaths under his command!) (never mind the specific wordings pertaining to ships, etc., just change the specific word!)
“In the UK, esperon would be found guilty of violating the following articles of war and would be put to death” (Death sentence in the military may be obscure but is still legal despite the abolition of the death penalty in the UK!)
Every flag officer, captain and commander in the fleet, who, upon signal or order of fight, or sight of any ship or ships which it may be his duty to engage, or who, upon likelihood of engagement, shall not make the necessary preparations for fight, and shall not in his own person, and according to his place, encourage the inferior officers and men to fight courageously, SHALL SUFFER DEATH, or such other punishment, as from the nature and degree of the offence a court martial shall deem him to deserve; and if any person in the fleet shall treacherously or cowardly yield or cry for quarter, every person so offending, and being convicted thereof by the sentence of a court martial, SHALL SUFFER DEATH.
(Esperon is lucky that he can’t even qualify as a boot cleaner in the British Armed Forces or Royal Navy so can be spared the death for allowing as a commander the deaths of his men in combat by asking them to stand down! If you want to read more about about these Articles of War, it’s in my other blog: http://www.the3rdcolumn.blogspot.com/2006/05/articles-of-war-1749.html )
Kahit anong layo at pagbawalan pa ni Asspweron ang media sa hearing, tiyak na may lalabas na balita. Bobo ang order na ito.
Ang nakakalungkot ay sanay na at tiyak akong sumasaya ang mga akusadong sundalo kung nakikita nila ang mga reporters at photographers na malapit sa kanila. Inagaw pa ni Asspweron ang kaunting ligaya! Anak ng tungaw!
Kung noon ay “noted”, “noted” ngayon naman ay “denied”, “denied”. Puwede nang tawagin si Esperon ng Senator Esperon tapos si Pangilinan ay General Pangilinan. It’s very hard to get justice under this GMA administration. Baka sa susunod na administration, puwede pa. Pero hanggan kailan magtitiis ang mga kawawang nakakulong na mga sundalo?
Anna said: ““In the UK, esperon would be found guilty of violating the following articles of war and would be put to death”
It is a fact that in the UK the actions of Haemorrhoid Assperon would be heavily debated in Parliment and an explanation demanded from the Defense Secretary to stand there and explain to the nation what is being done about it.
Here, what is amazing is that a Senator visits these detained highly ranked officers and the best that can be offered is “the military establishment is paranoid”!
It begs the question, what is this so called frigging Independent Congress doing about it, what questions are they demanding from this DND Secretary – Eh!
Is this independent Congress also in denial and allowing the Armed Forces of the Philippines make up its own rules and regulations in their own frigging kangaroo court to do what ever they want? Enough is Enough.
Further more, citizens would be demonstrating outside the gates of Parliment there in London, demanding an explanation from the Secretary of DND – he would be made to explain what he intends to do about someone like Haemorrhoid Assperon and why such an un-professional fellow is not removed from his office.
Anak ng jueteng, maraming bawal pala sa Assperon Kangaroo Court. Baka sa susunod bawal na ang ngumiti.
Deliberately act to deny motion or plea, lapse in judgment, lapse in memory, fabrication of evidence, false witnesses and other dirty tricks (EO464) are Malacanang’s effective defense to hide and suppress the truth. The corrupt Arroyo government is guilty of obstruction of justice.
Diego K. Guerrero said: “The corrupt Arroyo government is guilty of obstruction of justice”.
Is it not also a fact that the citizen is also guilty in allowing the Arroyo government to obstruct justice by the fact they do nothing to stop it and merely allow it to happen. The citizen can make a government or break a government which ever way it is it starts with the citizen. As the moment this government is content with surviving one day at a time like an alcoholic in recovery!
Best we break the wine bottle aand start afresh.
Maarte: Who pays Atty Chavez and how much is not our problem, is it? ..it is between him and his clients..Are you wondering kung si Gloria? Sana nga..public money? Kon ganoon .hindi rin ako magrereklamo nor wonder..sino ba ang nagpa detain sa kanila?
Ellen: puede ba mag rally and demonstrate ang mga tao sa sa labas, sa harap ng court room? Pinagbabawal rin ba ito? Kung sa labas naman sila mag rally..wala nang paki si Esperon, hindi ba?
Hindi natin tawagin na rally..boodle fight from the recipes in Polutan.
This is injustice. So, why don’t all the spurned write articles critical of these trials. They should condemn them in their articles, news flashes on TV, morning, noon and night talk shows. No more of the wowowee programs in fact. Time for serious discussions of these injustices.
Over in Japan, media are given priority when covering big cases such as these trials of these brave soldiers, especially bemedalled even just to let the public know why they have chosen to defy one calling herself president, and then, let the people decide on whether to side with the gallant soldiers or the usurper, and if they decide on the former, then the court looks for evidences on the basis of their complaints to judge against the usurper.
Judgments based on order of a creep who wants to remain in position should be tabooed. Bakit hindi magreklamo ang mga media people for the sloppy way these mercenaries treat them. Hindi puede ang ganyan abuso. Sino bang pinagmamalaki ng mga ungas na iyan, si Uncle Sam?
Sabi ko nga sa inyo, I can protest in front of the Philippine Embassy. Problem ko, hindi ako pilipino. I can protest against granting of Japanese ODA to the Philippines in protest against the extrajudicial killing, but this injustice, it should be done by Filipino citizens, and what I can do is get them the permit. Puede pa rin akong magprotest even as a Japanese because it is my right and freedom of speech and assembly. It is just that I do not want to be a curiosity. Pihado may mag-i-interview sa aking media pag ginawa ko iyan. Problema, hindi ako mahilig ng publicity!
So, sa mga pilipino sa Japan, get in touch with me, and I will get you the permit to organize a rally, etc. Maganda kung magmamamartsa kayo sa Tokyo. I can provide for the banners, megaphones, etc. Kailangan lang maging Philippine affair ang rally.
Meanwhile, protest against the visit of Gloria Dorobo is already planned, sabi nga, “Ready, willing and able na.”
Rose, what’s wrong with my question asking who pays for Atty. Chavez’s legal services? Don’t I have the right to ask how he gets paid? If that question offended you, I’m sorry. It’s not our problem but some supporters like me and the people might want to know.
..RTC Judge Oscar Pimentel continuously denies the motion for Sen. Trillanes to serve..
..The Military court continousely denies the motions of the defense lawyers..
..Si pang gulo continuously denies that she and her generals are the most corrupt in the history of the Philippines if not the world.. for as long as she is the pang gulo there will be this endless denials..Siya nga..I read that she is going to Sydney next week at kasama ang asawa. Maraming buwaya doon..at sa ka nabasa ko sa ABS-CBN na kumalat daw ang sakit ng baboy sa China..hindi ba kagagaling lang doon..gastos ng gobierno..wala ng pera at ngayon kaliwa at kanan ang pangugutang..
Mwisit na Assperon ‘yan! Who says the poor soldiers will obtain justice in this trial? For as long as Assperon barbecue and Pinaupong pangulo are still around…..forget it!
Might as well try cooking the recipe of Pinaupong Pangulo…!
Ang pagkakilala ko kay Atty. Chavez, hindi tatanggap ng kaso iyan na walang dahilan o ipinaglalaban. Maaaring libre but there might be some personal reasons behind his assistance. It could be a personal reason for he believes in the accused’s innocence o galit din siya sa Malacanang. At baka naman may balak pang tumakbo uli sa 2010. Taking this case and keeping his good name floating would be a great help for his future political career. Walang masama. Karapatan niya iyan tulad ng karapatan kong magtanong kung paano ang bayad niya sa kaso.
Maarte: I am not at all offended..I am just wondering why you asked..I respect all opinions..wala akong paki kung sino ang bumabayad…hindi kon namang pera..but if should the time come, that they will raise funds, I will contribute..
Binabantayan nga ang blog mo, Ellen. I think patama dito iyong mga guidelines kuno, pati attempt to prevent the soldiers and their families fraternizing with the media and public. Ang tindi!
Hindi na nila sakop iyong mga pamilya ng mga suspect (not accused since their crimes have not been established and they have not been properly indicted) as a matter of fact because they are free agents, and nothing to do with the case.
At saka bakit bawal ang 11-year-olds sa court. Bakit parang ospital ng mga communicable diseases na bawal ang mga bata? How primitive!
Elvira: Might as well try cooking the recipe of Pinaupong Pangulo…!Elvira:
*****
Correction: “Pinaupong Pan-Gulo!” 😛
Mayroon din matatapang at maprinsipiong Pinoy laban sa abusadong rehimeng Arroyo. Pero iba sa kanila kina-katay, ikinu-kulong, tinu-torture at binu-busalan.
Rose, kung ikaw walang paki, may ilan naman may paki kung may bayad di ba? That was not so friendly of you yet I apologized. If you respect other’s opinion, you would do that. Huwag natin ilagay ang isip natin sa lahat at isipin ganoon ang lahat. To me, I’m curious to know if he gets paid and how. Period.
I mean if you respect other’s opinion, you would not do that.
If the accused need some financial help and funds to pay good lawyers in the caliber of Chavez, maybe some of those who can afford can help. Iyon lang ang akin at walang masama sa tanong ko.
“Lawyers shall be prohibited from giving media interviews during recess inside the courtroom.”
****
Buang ang gumawa ng court decorum na ito. 100 meters away nga ang mga journalists from the front of the court house e!
Kaya siguro si Atty. Chavez ang kita sa photo na nakataliko patungo sa mga journalists! Ha! Naisahan din ang order na ito ni Asspweron.
Primitive talaga ang court ng Pilipinas. Dito, Chi, ang mga lawyers holding big cases are allowed to give press interviews and voice their opinions. Hindi lang nila puedeng gawin ipresenta ang mga ebidensiya before submitting them to the court. Once they are submitted to the court, they are considered public property, kaya puedeng ibulgar sa press. Bobo pala ang mga mokong doon. Hindi alam ang accepted procedures as outined by some international conventions that are followed in countries signatories to the conventions. Sa kababawal just to accommodate the idiotic criminal squatting at the palace by the murky river, nabobo ang mga nagpapalakad ng korte sa Pilipinas. Puede ba tumigi na ng mga kalokohan? Pakawalan na ang mga tunay na sundalo at sipain na iyong mga sundalong kanin!
The ‘Kangaroo Martial Law Court’ of Esperon is suffering from severe paranoia! Imagine wala pang motion denied agad. Ano ba yaaaaannnnn!
Some of the detained officers have two or more lawyers. At least one military lawyer who knows the military laws and one civil lawyer preferably one with human rights background. Most of the lawyers are paid. I know that one lawyer even had to be paid forty thousand pesos before taking on the case. For each appearance there would be fees to be paid but there would at least be one meeting with the accused before the hearing date. For some, the lawyers are pro bono. A few of the lawyers even fly in from the South to attend to the hearings.
Because the fees for the lawyers are not quite in the budget for some of the accused, their families sacrifice a lot financially. Some of the children quit school and for some of the lucky ones with “foreign aids” and assistance from other family members, they survive the ordeal. The wives of the incarcerated officers have a way of helping each other. They know how to share with one another. For the more blessed ones, they help the less fortunate ones not just materially but morally as well! They raise funds to fly in a loved one for instance and find sponsors for the children who are out of school.
No matter how the tiyanak and asspweron break the spirit of these honorable men, they just succeeded in galvanizing their brotherhood towards one cause- having a better country for the future of their children.
Salamat parasabayan. That’s the kind of explanation or feedback that’s most welcome. Sinong walang paki? May pakialam tayo kahit na sa bayad ng abogado kasi nagmamalasakit tayo sa mga akusado. Without financial support, how can they pay their private lawyers? Si Atty. Chavez baka pro-bono. Kung minsan iyon challenge ng case at prinsipyo ang dahilan.
Yuko: dito rin, lawyers handling high profile cases give interviews..O. J. Simpson’s lawyer for instance..pero noong araw ganoon din sa atin..Elementary palang ako, Atty. Estanislao Fernandez who later became a senator was in the papers everyday when he defended a Filipina who killed her husband..sa California. I had my lesson on the jury system that time, my father who was a classmate or contempoary of Sen. Fernandez (from Laguna I think)explained the case to me. I think it is only now that this is so sa atin. And what I find very sad..years back it would only take less than an hour to go to Makati..now forget about it. Pero ang balita sa LRT daw mabilis at malinis. Economic growth? growth?
Anna, Gen. Manalo “voluntarily inhibited” himself.
De Mesa was pre-emptorily challenged by Lt. Col Edmundo Malabanjot.
Seven members of the panel were all in all ejected by preemptory challenge last Friday.
Gen. Delfin Banguit, former PSG head and now ISAFP chief, hardly warmed his seat when he was pre-emptorily challenged by Maj. Doctolero.
I was told that other generals told some of the accused to challenge them the moment they sit on the panel because they do not want to be part of the kangaroo court.
Mukhang wala tayong nakikitang pag-asa na mababalik ang professionalism sa AFP sa pinapakitang ugali ng mga higher officers na maaring next in line para maging AFP Chief. Mga abusado din sa pwesto ang mga ito. Dapat na talagang kalusin ang mga corrupt at sipsip na higher officers. Mangyayari lang ito kung may pagpapalit ng gobyerno thru coup d’etat o withdrawal of support!
Sa column ni Bunye sa Bulletin sinabi niya na The Asian Wall Street Journal gave a glowing report on the economic recovery of the Phil..Ito pala ang sinasabi sa akin ni Fr. Larry who just came back from Brazil and Italy. He had been telling me about the Jatropha tree which I understand is a success in India. He said it could be a success too in the Phil. During the last election there was a mention of a plantation in Mindanao owned by a politician..Iba daw ang picture of the Phil na sinasabi ko..The article was written by Hookaway ata..Nag comment kasi ako sa kanya na ginamit ng gobierno ang caso ng paisano niyang si Fr. Bossi. Sinabi
niya sa akin kahapon ng Fr. Bossi was with the Pope. True indeed his picture with the Pope was in the Bulletin. I noticed that the Bulletin is very pro adm..
Rose, during the hearing, we are allowed to witness the proceedings from one side of the court room. Aside from a rope, there are soldiers that separate media from the rest of the people in the court room.
No TV cameras are allowed inside the courtroom expect for the first few minutes as the accused enter the room.
The problem is outside the court room because that’s when we ask them questions not only on the case but on burning issues of the moment. Like the “State of Amnesia” story that we had.
That actually triggered our being shunted away from the entrance of the courthouse.
Ate Ellen,
Suspetsa ko na rin yan nuon kasi nagtataka ako bakit ganun. Ibig sabihin ay may mga general pang may simpatiya sa nga magigiting na sundalo. Ipagdasal natin na dumating na ang oras na bibitaw na sila sa nabubulok na sistema sa kasundaluhan!
Rose, Maarte,
I think Atty. Chavez is handling Gen. Miranda’s case pro bono.
Hindi lang yan, when friends of the accused solicited donations to make the detention quaters livable, Atty. Chavez donated 15 electric fans.
Sabi ko nga, this is one lawyer who puts his money where his mouth is.
Others donated TV, refrigerator, VCR.
Some donated screen and lumber materials . The officers themselves did the screening of their detention facility. When they first arrived in Camp Capinpin, they were using mosquito nets.
One time I commented, when Esperon’s turn come, he will have a more livable detention facility.
One donor said, “we will take out all that we have donated when Miranda, Lim, Querubin et al get out of that place. Esperon will find it in the same exact condition he constructed it.”
“I was told that other generals told some of the accused to challenge them the moment they sit on the panel because they do not want to be part of the kangaroo court.”
Hahahahahahaha! Spot on gentlemen! Goody good!
Ellen, Esperon will have a problem constituting his court martial! Hahahahaha!
Anyway, let’s have less senior officers on the panel – then let’s call Esperon tot he witness stand; make him sweat just like what the journalists’ lawyer/s did to wild boar Macapagal spouse! Push Esperon to lose his cool, enough to try to shoot one of the defendands (when he does that, any soldier can tackle Esperon and handcuff him for attempted homicide!)…
Ellen: Thanks. If I remember right sinabi mo..it takes 3 hrs. each way to go to Capinpin thus rt will be 6 hours..8 hrs for the entire proceedings.. gosh! naubos na ang oras ninyo. isang araw lang ba ang hearing?
I was told that other generals told some of the accused to challenge them the moment they sit on the panel because they do not want to be part of the kangaroo court.
***
Hanggang sa wala ng ma-challenge at mapilitan si Ass na umupo sa panel, siya naman ang tuluyang i-challege ng mga akusado. Exciting yun. Pwede bang umupo si Asspweron sa panel?
O taga-order lang s’ya?!
Every “DENIED” motion of this kangaroo court reaches the Supreme Court. Every attempt to railroad the proceedings, which is a norm in all hearings, the Supreme Court gets a copy too. All the officers except for one had submitted their cases to the Supreme Court. The ball is now with the supreme court. But almost all the justices were appointed by the tiyanak.
Although lately the Supreme Court had shown independence in several cases like that of Satur and lately the case of the two escapees from a supposed detention in an AFP cell, we never quite know if the tiyanak can still put weight on their scale. Remember Kiko Pimentel’s cry for help in the May elections which fell on the deaf ears of the justices?
The more railroading this asspweron kangaroo court does, the better it looks in terms of a favourable decision from the Supreme Court. The higher court is the only hope our honorable men have to get justice and if the Supreme Court favors tiyanak and asspweron, I can say that the Philippines is hopeless indeed. It already is in trouble now but it will be a hopeless case.
I witnessed one of the hearings myself and I went out of the court with an elevated blood pressure! I was sick in my stomach for three days!
PSB,
Gloria doesn’t mind the case of Satur and 2 escapees because they don’t directly affect her stolen throne. The case of the illegally detained military officer is different because of her fear that these noble officers will put and cut her down!
Excuse me but when someone is “challenged” by another in the military court, what does it mean? Ano ba ang ibig sabihin ng “challenge”?
In a court martial, if any member of the panel is “peremptorily challenged” by any of the accused, he is expelled from the court.
Another challenge that the accused can use aside from “peremptory” is “for cause”. None of the accused has used that yet.
An accused is entitled to only one “paremptory challenge” and anilimited number of challenge for a cause. The panel has ordered that peremptory challenge be used first before they go to challenge for a cause. The panel said if an accused does not use his right to peremptory challenge when he is called,(supposing he would rather use his right to challenge for a cause and wants to use his peremptory challenge later) he is deemed to have waived it.
That is being questioned by the defense panel but as usual, “denied, denied, denied.”
I am not familiar with proceedings in a court martial, but I guess it is not much different from civilian courts where a criminal suspect has to be indicted first before he can be called “an accused,” and to be indicted, there should be investigations and evidences are confirmed and validated first to establish a case. It is how it is done in Japan and elsewhere I suppose.
In the case of Brig. Gen. Lim, it is mere insubordination against one whom they believe is not duly elected by the people, and who was asking them to do an act not in accordance with their oath of duty and allegiance to pledge allegiance to the Filipino flag, and protect the country and its people for the unano was ordering them to kill civilians!!!
Instead of trying them, there should have been a hearing first to establish the fact on whether or not there have been grounds for their insubordination. The HG tapes investigation will then be relevant in establishing their case against the unano, and reason I guess why they chose to act after the 2004 election and not before that as what the Magdalo did.
Ellen: Is there a limit as to how many challenges each accused can take? I noticed that the court hearing is on a one day basis lang..kaya balik kayo ng balik -nakakapagod. Kasi if it takes the whole week for instance you can stay in a hotel until the hearings for the week is finished. Ganoon din ang mga familia ng accused. Malaking sacrificio sa inyo..kung walang hotels di makituloy. Hindi ba ganoon sa atin..noong araw walang hotels kaya nakikituloy..Talagang pinahihirapan kayo..take care..
Nasagot mo na pala..what would be considered a challenge for a cause? and what would happen if there is no more to be called to sit in the panel? Matatagalan ata itong court martial hearings…walang puso talaga ang mga ito..
Ellen: On the restrictions set..doon sa isang thread nasabi mo..hindi binibigay sa inyo ang names of possible members of the panel..tama mali maliin ninyo..si Esperon ay siyang General Muchacho .. And on the proper hair cut paano yong mga nag pakalbo noon in protest? What is the proper hair cut?..crew cut? kalbo na..
Yuko, I had been following this kangaroo court from day one. The way I understand it, the court is still in the process of selecting the panel who would try these men of honor. Most of the hearings done earlier on were spent on trying to get the Prelim Investigation known as PTI.
Ellen was the one who had the copy of this famous PTI which asspweron kept for the longest time from the accused. Thank God Ellen got a hold of the copy. Can you just imagaine if the incarcerated officers never saw that PTI?
When he finally released the PTI, a PTA (preliminary trial advice) was produced and this was supposed to have been the basis of asspweron’s call to have this kangaroo court convened. In that PTA, apparently the investigative body overturned the findings in the Prelim Investigation, that there was no mutiny nor rebellion committed by the accused. As a result, the court martial (the kangaroo court) had to proceed.
All the hearings for the past several months were to pick those who would indict the accused. The court is nowhere near the completion of filling up the panel. All the accused are entitled to picking the right panel to hear their case. The journey is long and draining for everyboby just to defend the greatest cheat of them all. This root of this rebellion and mutiny kuno was the election cheating of tiyanak and her generals who are now enjoying the bounty showered by this bogus president!
The way I see this kangaroo court, asspweron does not really have a leg to stand on (except of course the tiyanak who is quickly being pulled down by the quicksand she created herself). The panel should consist of officers higher than General Miranda. Most of the high ranking officers who were candidates for the panel were already booted out by the accused in previous hearings. One of these days, asspweron may settle for a panel consisting of junior officers which is probably more favorable to the accused or maybe he will sit as one of the members of the panel before he retires in February 2008. He can also be joined by the Garci generals who are still in active duty!
If the accused are not indicted by February 2008, the case is dismissed. But asspweron has instructed his kangaroo court to hasten the hearings from once a month before to twice a month in the last three months and now he has accelerated the hearings to once a week. Asspweron is so gungho in getting these men of honor out of his way and that of his evil queen! They may succeed in imprisoning the bodies of these men but they can not kill their spirits!
psb,
hikbi. sana, bago dumating ang 2008, atakihin ng hika si esPWEron, kapusin ng hangin nang hindi na makahinga at matigok na LUWA ang mata.
there is no way this cheat of staff would let the men of honor get fair trial unless he (esPWEron) meets his untimely death. that is how he fears their acquittal.
PSB: that there was no mutiny nor rebellion committed by the accused.
*****
If this is so, what’s the case? None! Then, all the cases against these gallant men should be dismissed. Frank Chavez as a former Chief Prosecutor should know what to do. Para lang sa kapritso ni unano ba ginagawa itong kangaroo court na ito?
Pambihira talaga ang ginawa ng mga Pidal and their cahoots to the justice system ng Pilipinas. Sobrang binaboy!
Rose: dito rin, lawyers handling high profile cases give interviews..O. J. Simpson’s lawyer for instance.
*****
Yes, I know. Sa Tate pa nga televised ang mga sensational cases. Not in Japan, however. May photo-op before the trial by special permission and that’s it. Purpose is to protect the privacy of the accused kasi baka may mali sa investigation tapos lalabas na wala palang kasalanan ang accused. Dito kasi, losing face can be fatal. Mahirap maka-recover kaya nagpapakamatay na lang pag napahiya.
Kaya ako against doon sa practice ngayon sa Pilipinas na binabalandra sa media iyong mga suspects. Dito sa Japan, tinatakpan pa nga ang mga mukha nila para hindi sila makilala until they are convicted. Tapos kalabas-labas pala, framed up lang iyong pino-photo-op nila for publicity stunt ni unano like when she had the coroner wait before they take the body of a Moslem bandit na pinabayaang langawin at ma-decompose ng husto para wala lalong ebidensiya ng mga kalokohan nila kasi magpapalitrato siyang katabi noong nilalangaw na bangkay.
Alam naman nilang pag nasa advance state of decomposition na ang isang bangkay, mahirap nang malaman ang talagang cause of death. Kasi ayaw naman nilang ipaalam ang totoo at palabas lang nila ang ginagawa nila na gruesome pa. Tawag diyan, demonyo!
There’s no case at all. There never was. Si Gringo Honasan ang puno daw noon ng Magdalo group. Kung siya’y pinakawalan, bakit hindi ang mga tauhan niya ngayon? This GMA government has the habit of making up stories or planting evidences to pin down their political enemies. Kapag mabisto ang sasabihin lang “Ay mali”. Tapos ang kuwento. Ganoon na lang ba? Just like those libel cases filed against the opposition and media.
Kapag nasa kapangyarihan tulad nila Gloria, lahat ay puwedeng gawin at laging may nakahandang palusot kung mabisto. If the soldiers and officers who are now in jail are reading this, I say to them: Kaunting tiis na lang mga bayani namin. Malapit na ang inyong kalayaan. Nasa likod kayo ng bayan. Hindi kayo pababayaan ng Poong Maykapal.
Believe din ako kay former Solicitor General Frank Chavez. Ang haba ng pasensiya niya. Ako iyan, palagi akong magwawala sa mga kabobohan ng mga ungas na in-assign ni Esperon sa kasong ito. Puro mga bobo! Kakakulo ng dugo! Hats off ako sa kaniya at sa mga matiyagang nagtatanggol sa mga sundalong ito, pati na doon sa Magdalo. Puede naman silang mag-volunteer. Saka na sila bumawi, because they can file a can file cases against Esperon et al for abuse of power, false accusation, etc. later maliban pa doon sa kaso ng pagkuha ng backpays and other damages.
Sabi nga, “Crime does not pay.” Justice will no doubt prevail. All they need to do s persevere. As the old adage goes, “Perseverance is genius in disguise.”
PSB:
Dito sa amin, maximum na ang 20 days to finish preliminary investigations to establish a case and indict a suspect. Pag humaba diyan, nadi-dismiss ang kaso. Kaya dito disiplinado ang mga pulis. They cannot afford to do a topsy-turvy job because no one is indicted unless they are able to find valid and proofs of culpability. Otherwise, walang kaso. Pero tignan mo naman ang Magdalo, 4 years nang nakakulong pero wala pang definite na kaso. Tinakot lang iyong ibang leaders nila para sumuko. But that’s good. Nakita ang talagang matapang. Kung i-terminate nila sila Gambala, OK lang. Mahirap ang duwag na mga sundalo sa totoo lang!
Oops, this should read, “they are able to find valid EVIDENCES and proofs of culpability.”
Yuko, yes justice delayed is justice denied. Look at the vultures in tiyanak’s regime. They all wiggle their way though without any case. Did you see Abalaos constantly smiling while he was answering questions on the anomalous ZTE contract? Leviste who supposedly killed someone is out on bail and is enjoying his life. Look at Honasan who supposedly inspired the Magdalo and even had a hand in the Feb 2006 (Left aligning with the right theory to topple the tiyanak), he is out free and worse, aiding the entity he so abhored! Imagine sentencing Joey Marquez maybe for 50 yrs in prison on the purchase of “brooms”, yes you heard it right “ting ting” ,without going through the process called “bidding”? Hah,hah, hah and Abalaos may just laugh his way through the ZTE deal with an $ 329 million overpriced and unbidded contract with ZTE with sex trips to boot! Onli in the Philippines talaga.
Everyday now, I read an anomalous transaction or an unethical act, or a murder connected to tiyanak’s group, or an abduction. What can we expect from a woman who has prostrituted herself to power. She has to pay back the people she owed favors from to get her stolen position. She can not say “no” because every single one of these benefactors know her “dirty” secrets!
Yet, tiyanak has the audacity to accuse these men of honor for standing up to their honor code! Now who would merit the respect of the people?
I told you, PSB, that these creeps are able to stay only because they have managed to put their people in departments responsible for putting crooks like them to prison. Now, it is up to the Filipinos to remedy that. Unfortunately, the people they choose to sit in the Philippine Senate and Congress responsible for approving or rejecting these political appointees are lame ducks themselves, and once they are elected, they forget their election promises to serve the people who voted for them as their public servants not their bosses.
Taragis, pagkatapos ng election, amo na sila ng mga taumbayan. Dito lang siguro sila nakakatikim sa Tokyo na nai-snub sila ng mga pilipino who know what they are—public servants with a capital T maliban na lang doon sa mga overstaying pilipino na na-i-invite sa mga official functions even when it meant discourtesy to the host country. Kaya tuloy nababastos ang mga pilipino sa Japan compared to the Thais or the Indonesians who are respected more especially the latter.
Truth is I have never heard of overstaying Thais being invited to the birthday of the King in December when they have an open house at the Ambassador’s residence that is in fact near the place where I reside. Courtesy daw sa Japanese hosts. It’s one way to discipline their nationals, I guess.
Maganda din ang residence ng ambassador ng Thailand—reparations payment din. Hindi pinag-iinteresang ibenta di tulad ni unano at asawa niya na taeng-taeng ibenta ang mga patrimonies ng Pilipinas sa Japan. Ganid talaga!
Rose;Re– Grabe! Talo pa ata ang “Trial at Nuremburg”—– In Esperon Kangaroo court it is a case of the victors holding court over the losers. But the difference is that the trials of Nuremberg had a historic goal. They wanted to get as close as possible to the truth about the Nazi crimes. But in this case , It is the exact opposite. The trial focuses on the gallant soldiers who withdrawn support to the despotic Arroyo regime. What’s the point of a trial if the panel on this kangaroo court denied all the motions? Denying motions from the defences, is just another diversionary tactic by Esperon’s appointed panel that turned into a horrible quagmire. The trial on this so called kangaroo court provide wonderful “Komedya” series with a lawyer and a prosecutor crossing swords.
pareasabayan: Thanks for the explanation.. so the time table for the case to be really tried in the court martial proceeding is Feb. 2008..6 months from now and if and when they cannot pick a panel..the case is dismissed..only officers higher in rank kay Gen. Miranda could be in the panel:
..should officers higher in rank be only active in duty?..ilan pa ba ang naiiwan till Feb. 2008? Kung wala na..can they call on the retired generals? We all know that there is no case from the start..ginawan ng case at ngayon time is running out on them kaya natataranta..rapit ron lang antus anay kamo! And re-Joey Marquez dahil sa walis na ting-ting probable sentence is 50 yrs. ay naku po! ting-aling na nga ang mga utak kasi walang laman..
The new guidelines on court decorum issued by the court martial panel is so absurd. If this is not paranoia, I don’t know what is !
“Next hearing, we will bring a megaphone.”
Good idea ! Let them hear you loud & clear ! Mga bingi yata yung court martial panel.
Rose, the members of the panel should be in active duty.
psb: thanks. Sa isang posting ni Ellen above ang sabi “they can only use their preemptory challenge” once are the detained soldiers and officers more in number than the officers higher in rank? Gosh! baka magagamit na nilang lahat ang kanilang karapatan. It still seems to be a long, long journey for the media and the soldiers families and a lot of hazards on the way…getting to be riskier..Nakakalungkot..pero we can join them in their journal with our prayers..
More clarification:
Only “conduct unbecoming of an officer and gentleman” which is punishable by discharge from the military service has a prescription period. The other sharge which is “mutiny” , punishable by life imprisonment has no prescription period.
On the prescription period, the count starts at the time the offense is committed. That means February 2006.
The Manual for Court martial say’s If it can be avoided, the presiding officer should be higher in rank than the highest ranking among the accused officers.”
The court martial panel trying Maj. Gen. Miranda et al has been putting officers lower in rank than Gen. Miranda. The defense lawyers have been questioning it.
In denying the defense lawyers’ complaints, the panel always invokes the phrase, “if it can be avoided” . They said, “they can’t avoid it” because there are no officers available higher in rank than Gen. Miranda.
Than means, even a sergeant can sit in the panel and judge Miranda et al.
sorry, what I mean to say pala “we can join them in their journey and trials in our prayers.
..Ellen, thanks. Ang definition ni Esperon sa ” conduct unbecoming of an officer and gentleman” and the real meaning ay magkaiba. Ang gusto niya ay maging gaya niya and his Commander..to cheat, to lie, to steal, to kill, etc.
If to be an officer and a gentleman is to be like him..malayo nga sila Gen. Miranda at ang mga kasama. Esperon’s Command Responsibility is sundin siya..kaya si Honasan napasunod niya ang many others like him…to be an officer and a gentleman…be corrupt..
Ellen: In denying the defense lawyers’ complaints, the panel always invokes the phrase, “if it can be avoided” . They said, “they can’t avoid it” because there are no officers available higher in rank than Gen. Miranda.
*****
And the nerve of this people to say that justice can be served in their kangaroo court. Some federation of bar associations should protest against this hullabaloo of a court. They cannot even follow the guidelines of a court martial. Kagaguhan na iyan!
Oops, this should be: And the nerve of these people….
Most of the lawyers of the accused are the best in their field. Unfortunately, in a kangaroo court it just goes one way! The reason why the panel has not been completed yet is the fact that the lawyers had done the best they can to clarify the issues as they come along, leaving no stone unturned. Some of the hearings were short because the military could not outrightly present what the lawyers of the accused were asking. Nakakatawa talagang umupo sa hearing. I am not a lawyer but I could tell what was going on! It is plain railroading! Just one way, their( the military) way. It is a good thing that these brilliant lawyers are hanging in there. There were a few times when these lawyers walked out of the court room because there was just no point to continue with this kangaroo court.
There was one hearing where the military was qouting a case but when asked what the case was all about, the military could not elaborate. One of the lawyers of the accused was the one who quoted the case and upon analysis, the lawyer of one of the accused said that the case being quoted was not in any shape or form related to the case of the 28 accused. Then there was supposedly a list of the alternate candidates of the panel which the lawyers of the accused wanted to get but the military said it was “strictly confidential” and is only for the info of the military.
So, one of lawyers pointed out that how would they know how to deal with the panel if they do not know who these candidates were. What if the candidate took the bar 5 times and failed several times before finally passing it or what if the candidate is a bar topnotcher and the lawyers of the accused are not prepared to engage with him?
Things like memorandum not reaching the accused or their lawyers were a common occurance. It is a real kangaroo court!
Sinabi mo pa, PSB.
i think a kangaroo court is better than this one since such proceedings are quite fast and only depend on the expediency of the moment. the longer a trial with a known outcome lasts, the more it will resemble torture.
Dapat ang kangaroo court sa Australia lang at hindi tulad ng bansang Pilipinas. The problem with the military and civilian courts is that the two are different in some aspects. Sa military court yata umiiral pa rin ang batas militar at ugaling militar ng mga judge advocate at military lawyers dahil na din sa background nila. I understand that before one is commissioned as AFP officer like that of military lawyer, he still has to undergo some basic military training. Sa training pa lang medyo iba na ang judgment ng mga iyan.
unggoy court na lang sa Pinas – pareho ni Asperon, isang unggoy!