The injustices done to military officers are so many that even the court seems to be confused.
Last Aug. 31, the Supreme Court dismissed the petition of Ma. Fe Aquino, wife of Army Maj. Jason Aquino, for habeas corpus .
Immediately after the February 2006 aborted alleged withdrawal of support from Gloria Arroyo, Aquino was arrested and placed in solitary confinement at the Intelligence Security Group compound. He was not allowed contact with his family and lawyers for weeks and months.
It was only in the fourth month of his confinement that he was able to see a lawyer. His wife filed a petition for habeas corpus before the Court of Appeals, which dismissed it . She appealed to the Supreme Court.
Meanwhile, Maj. Aquino has been transferred to Camp Capinpin in Tanay together with 25 other officers allegedly involved in the Feb.2006 case. Maj. Gen. Renato Miranda and Brig. Gen. Danny Lim, who are allegedly the leaders of that undertaking, are also detained in Camp Capinpin but in separate quarters.
The other day, the Supreme Court released its August 31 dismissal of Marife Aquino’s appeal. It also ruled that the articles of War allow military officials to detain their personnel.
Is it clear with the Supreme Court that what Mrs. Aquino was questioning was her husband’s inhuman treatment at the ISG for four months?
Even if Aquino is already out of ISG (Capt. Dante Langkit is still there. Also Lieutenants Aldrin Baldonado and Sonny Sarmiento), injustice had been committed and somebody has to be made responsible for it.
SC upholds detention of Army major in Feb ’06 coup try
By Tetch TorresThe Armed Forces of the Philippines (AFP) committed no violation in detaining an Army Scout Ranger accused of participating in an alleged attempt to oust President Gloria Macapagal-Arroyo last year.
In a 24-page decision, the high court, through Associate Justice Minita Chico-Nazario said it is only proper for Army Major Jason Laureano Aquino to stay in military custody because he is facing violations of the Articles of War.
Aquino is being tried for violation of Article 67 or attempting to begin or create a mutiny, and article 96 for conduct unbecoming of an officer and gentleman.
The high court said that a close look at the charge sheet showed it followed all the procedural requisites provided under the Articles of War.
“With more reason do we herein uphold the validity of the amended charge sheets against Major Aquino considering that they were executed in accordance with the law, and without breach of the Articles of War,” the high court said.
The high court added that no right of Aquino was violated since he was allowed to submit his counter-affidavits and corresponding evidence.
Niether, it added, can Aquino and his wife invoke the writ of habeas corpus because the officer is not unlawfully detained.
Not, it said, is there any indication the officer’s confinement is punitive in character.
Aquino, of the First Scout Ranger Regiment of the Special Operation Command, was allegedly one of the officers who were to join Brigadier General Danilo Lim declare a withdrawal of support for President Gloria Macapagal-Arroyo on February 24, 2006.
Dito iyan, Ellen, case dismiss agad iyan. Pag hindi nag-follow ng procedure, nadi-dismiss ang kaso. Question ko lang, bakit hindi lower court ang humahawak ng mga kasong hindi pa naman napapatunayan kung indictable or not. Ano bang ginagawa ng federation of bar associations diyan? Bakit pinababayaan ang ganyan. Kung sabagay, mahirap talaga ang sila-sila na lang ang nag-iinterpret ng batas, tapos mali pa.
My sympathy and condolence to the victims of injustices in the Philippines! Kawawang bansa!
Ellen,
Following these judicial mishaps, military and civil, the tip from a friend an AFP friend of mine then might just come true or is real.
Offtopic: ZTE Broadband Project – A Threat to Our National Security
Not only is it anomalous, it’s a security bombshell!
“Disclosure by the Financial Times that the People’s Liberation Army, or PLA, assaulted part of the Pentagon’s system used by policy advisers to the defence secretary, Robert Gates, is the latest and potentially most serious breach and set alarm bells ringing across the US military.
…
The German chancellor’s objections followed a report in Der Spiegel magazine that Chinese spying software had been found widely scattered through the networks of Germany’s foreign and economic departments, and even in Mrs Merkel’s private office.” – http://www.guardian.co.uk/technology/2007/sep/05/hacking.internet
We shall exert all efforts to block this project or we risk losing our sovereignty even in cyberspace.
“We shall exert all efforts to block this project or we risk losing our sovereignty even in cyberspace.”
Sampot, agree more than 100%!
You bet. It must be one of those Chinese companies planning to control the cyberspace worldwide. Free blogging likewise is threatened with all those restrictions that are, I suppose, already being imposed in China.
Re: SC’s “…considering that they were executed in accordance with the law, and without breach of the Articles of War,”
Well, don’t know about that. While I do realize that the SC is not a trier of facts, it behooves SC to examine the Articles of War and the way the people who “interpreted” the articles in the military arrested Major Aquino.
With SC’s decision denying the petition of Major Aquino’s wife, there is little leeway for her left unless of course, she asks for a reconsideration and re-presents a new petition focusing on the specific article that violated arrest procedure in the Articles of War.
SC with Justice Minita Chico-Nazario (di ba siya ang “playmate” ni Gloria sa Sandigan?) is either confused or ignorant that “what Mrs. Aquino was questioning was her husband’s inhuman treatment at the ISG for four months?
SC, thru Gloria’s appointees, must have been “ordered” that when it comes to the appeal of the “Men of Honor”, walang justice-justice!
Sa panahon ito na lahat ay ino-“order” ang fabricated, even decisions of the SC are clouded with suspicions.
SC has not redeemed itself yet even with some pro-militant and significant decisions. It can only do so if Justices will look and judge the imprisoned soldiers on merits of the case. Otherwise ay nasa bulsa pa sila ni Gloria impakta.
Kay Gloria na ang cardinal Rosales, kanya pa rin ang injustice Nazario!
Ellen,
It just came to my mind that the gera-gerahan in Basilan was staged as a gift delivered personally by the commander-in-cheat Gloria to Bush in APEC.
The petition for habeas corpus has actually been overtaken by events. Maj. Aquino is no longer in solitary confinement and his family and lawyers now have access to him.
But that is not what Justice Nazario cited. She defended the legality of the detention. It’s not even clear if it’s solitary confinement or the present detention that she was referring to.
Once SC has rendered its decision, the one and remaining step is to file for a motion for reconsideration. Like most lower courts, SC would not revert its decision. Ang nakikita ko diyan…pati mga Korte, SC at AFP ay may sabwatan. Over the years, GMA has succeeded in controlling the AFP, judiciary, and even church groups using tax payers’ money to bribe them or grant favors. Walanghiya talaga!
Baka affected ng alzheimers si Nazario?!
Ibalik sa SC para review ang kaso ni Major Aquino! Mali-mali pala si Nazario ng intinde.
Not of legal mind, I have the right to be confused when it comes to legal cases, but not Nazario, a justice member of the Supreme Court.
sa palagay ninyo, sino ang pinakikinggan nitong si justice minita-balimbing este chico nazario? kung sino ang nag-appoint sa kanya sa korte suprema ‘yun ang papanigan niya.
hindi naman mahirap intindihin dahil mas mahirap pa nga ang wan pls wan!
ellen,
ang dapat bigyang diin ay kung paano nakulong si major aquino. kung paano nilabag ang kanyang karapatang pantao sa pagkakait na paharapin sa kanyang abugado noong basta siya idinitine at walang komunikasyon sa loob ng apat na buwan.
mahilig kasi sa short cut ang very short na babae kaya nakukuha niyang diktahan ang kanyang mga inilagay sa puwesto na maliwanag lamang na pawang walang mga buto! hindi nila ginagamit ang alinmang probisyon ng batas at pikit mata na lamang sila sa pagsunod sa takot na biglang tanggalin sa puwesto.
hindi rin maikakaila na mabigat ang papel ni esPWEron kaya walang hindi ang mga mahistrado sa anumang naiisin ng lovers in crime.
Mrivera,
Ang linaw ng “order” ni Gloria sa playmate niyang si Minita. Tingnan mo nga at minali-mali ang kaso.
chi,
‘yan nga ang kalintekan ng batas (o butas) na umiiral mulang mapaupo sa palayok ang baliw na kagaw.
sumarosep na nangyayari na ‘yan! sumobra ang mga dunong ng sino mang mapakapit sa umaalingasaw na saya ni GMA (gloria mukhang aso).
sa pagsunod ng kanyang mga sipsip na inilagay sa puwesto kahit ‘yung pagtulay sa liwanag ng flashlight ay gagawin kapag inutos ng salot!
Mrivera,
Nakakasura nga e. Doon ako sa post ni Ellen mag-refer kasi iyon ang aking naintindihan; “It’s not even clear if it’s solitary confinement or the present detention that she was referring to.”
O, kundi man tuliro ay sumusunod si Minita sa order ng baliw na kagaw. Sabagay, itong si Minita ay matagal ng naibenta ang kaluluwa kay Lucifera.
Wala nang Dept. of Justice ngayon patay na. What we have now is Death of Justice and the secretary is of course Iloilo’s favorite son- si raul o. and the favorite daugther na si brenda. Death of Justice secretary still hangs on..is his medical expenses covered by the gov’t? if it is – “till death do us part indeed” at kaya hindi mag sick leave, mag resign or mag retire…Marami atang tuko, linta, tungaw, kagaw at halimaw sa atin and rolled up into one pa! Only God can give him an involuntary permanent sick leave to rest peacefully..Soon it will be!
Kaya nga kapag mag uumpisa ng hearing at misa ang mga SC, judges at cardinal ay ang pag cross nila ay:
Sa ngalan ni gluria,
Sa ngalan ni mike
Sa perang makukuha namin. Amen.
Dito lang naman sa atin nangyayari ang mga kagaguhan na ito. Kung sino ang nag sasabi ng katotohanan at gustong mabago ang bansa ay siya nilang kinukulong. Samantala itong mga magnanakaw sa gobyerno ay nagpapasasa sa kabuhayan at nag papasarap at nakakapag abroad gamit ay pera ng bayan.
Dito lang sa atin yata iyan. Baliktag ang law dito. Talamak na ang kamandag ni arrovo at kumalat na (nasa sc, judges,germsneral, tongress house, senate, gov. Etc.) Kalat na kalat na.
Bistado na ang nakawan pero denied to death naman.
Kaya hindi mo rin masisisi ang iba dahil kapag kumapit ka sa mag asawang arrovo ay instant millioner kana agad.pati
ibang cardinal ay nagumon na rin na parang sugapa sa gamot pero ang pag ka iba ay pera ang kanilang kinukuha.
Amen.
The business community runs like a Mafia. The Makati elite that’s composed of big businessmen came out with a statement saying Erap should be convicted to avoid precedence. GMA like Bush is protected by big business groups. I strongly recommend you to read Herman Tiu Laurel’s recent column at Tribune. Maganda ang sinulat niya doon.
Vonjovi, please take note that I edited your comments into sentence case.
Please don’t capitalize your comments. It’s distracting. it does not make for easy reading.
Thanks.
Big business group’s statement favoring Erap’s conviction was followed by Chavit Singson’s own statement saying Erap will surely be convicted. Sabi pa ni Chavit, hindi naman daw talaga nakakulong si Erap sa Tanay at masarap ang buhay niya doon. Lahat ng kailangan at hinihingi ibinibigay. Unlike in other countries where even high government officials are handcuffed and treated like other criminals. Nagsalita ang banal at matinong Gobernador. Gago siya. Siya nga ang dahilan kung bakit nakakulong ngayon si Erap. Chavit should have been in jail not Erap or at the very least, Chavit should join Erap in jail. Ang tutoo niyan ay si Chavit ang unang malilintikan kung makalaya si Erap. Kapag wala na ang kanyang partner na si GMA sa puwesto, delikado siya. Wika nga, lintek lang ang walang ganti.
Chi,
I doubt if Bush is eating up her cake. Ang daming CIA sa Pilipinas for the Americans not to know the real score re the Abus with or without the supposed intelligence reports of ISAFP with staff who even invent their figures.
But then, of course, the Americans will lap it up because they need to have another military base in Asia with owners of lands where they have bases in Japan saying they are not going to renew lease agreement with the US and Japanese governments.
Ang nakakatakot is when Bush makes his threat to attack anywhere there are supposed to be Al-Qaeda cells. The nerve of the Malacanang squatter to the mad man that there are such terror cells in Mindanao!
Yuko,
Of course, we already know (thanks to Gokusen) that there is only Wahab Akbar terror cells in Mindanao, bespren pa ni gluerilla.
vonjovi,
paano sila mag sign of the cross? Patiwarik, sa dibdib bago sa noo tapos inuulit ng 2 beses?
As in inverted, double cross!
What I cannot understand about this court proceeding, Ellen, is why is it being tried now by the SC when there has never been a conviction in the lower and higher courts yet?
The SC is supposed to be a court of the highest appeal where cases are brought for final appeal against unsatisfactory decisions in the lower and higher court, para walang injustice sabi nga. Kaya nga “Supreme Court” or in Tagalog, “Kataas-taasang Dulungan ng Katarungan.”
Also, how can there be fair judgment when the judges there are mostly political appointees of the one wanting these gallant men in uniform sent to jail forever or to their death as in the case of those they have allowed to be massacred in Mindanao?
Golly, sa kasusunod sa isang tungaw, nabobobo tuloy kahit na siguro iyong topnotcher sa bar! Kawawang bansa!
Tongue: As in inverted, double cross!
*****
Ganyan ibinitay si San Pedro, et a. Patiwarik! In fact, records say that he and his fellow martyrs requested such manner of execution because of strict adherence to a prophecy by Isaiah that ONLY Christ would be nailed to the cross!
Yuko, some of the accused went straight to the Supreme Court like Major Aquino. Col Querubin went to the lower courts and the lower court threw out his case too so he elevated his case to the Supreme Court. Although most of the accused have submitted their cases to the Supreme Court, the cases were submitted separately. My concern is that the ruling on Major Aquino may reflect the concensus of the Supreme Court at this time. Although some of the cases may be decided on by divisions (a group of a few justices) some may be decided on collectively (by all the justices). As the kangaroo court of asspweron progresses, the repeated railroading of the military court may swing the Supreme Court the other way. Let us just pray that the justices will see the real plight that these 28 accused are going through knowing fully well that there was no “coup”-unlike that of Angge Reyeses’! It was just a cooked up scenario so tiyanak can eliminate the opposition groups who actually helped her be installed in her stolen presidency. Ganyan talaga ang ahas, tinutuklaw ang mga kamay ng mga nagalaga ka kanya!
One day, like the “Hello Garci” and all the anomalies that tiyanak had done and continue to do, all these will come to the attention of the people and just like Marcos, she will be ousted from her office. She can not forever suppress the truth! She has so far successfully bribed all the people around her with money and positions to get their loyalty but slowly these same people are telling on one another. We will see how her whole Enchanted Kingdom collapses to the ground!
PSB:
Over in more progressive countries, no case can be brought to the Supreme Court without going through the normal procedure of having cases heard, tried and sentenced first in a lower and higher court, each being independent of one another.
The Supreme Court is supposed to be the last place where one can appeal for a just decision, parang langit so to speak. Otherwise, it should not be called such.
Apparently, nababoy na ng husto ang Supreme Court sa Pilipinas since Davide, who connived with the Pidals. So, walang pag-asa that the gallant men in uniform can get a fair deal/decision. Note that I am deliberately avoiding the use of the word “verdict” because for me, these men are not criminals as they have all rights and duties to defy orders of a criminal no matter how much she tries to call herself.
And since alll the agencies responsible for putting her and her cahoots in jail are filled up with her appointees, it is most unlikely that these gallant men will be able to get out of detention, and the only option in fact is something similar to what the Thais did to remove Thaksin.
Meanwhile, we join the campaign to enlighten the whole populace that removing the creeps is not impossible. It only takes will and commitment to do what is right! And kicking these kurakots is the only option they have.
PSB,
Even with significant decisions on other important cases, the lower and supreme courts are obviously “hawak sa leeg” ng trapolita with regards to the soldiers’ appeal. Nakakadismaya talaga.
chi,
‘yung mga lalaking huwes at mahistrado puwedeng hawakan sa “leeg”, paano naman ang mga katulad nina aling mercy at minita? saan sila hahawakan ni gloria?
di ba dapat bubusalan sila ng pera?
Mrivera, kung ang mahistrado ay sa “leeg” ang hawak, ang kina Mercy at Minita ay sa “leg”…sa paggitan ng dalawang legs ang hawak.
maarte,
sira na rin ang buo sa iyo, katulad naming ilan dito.
he he he heeeeh!