Update: We got Esperon and Bacarro’s reply on Gen. Miranda this evening, Sept. 29:
Result of follow-up check up conducted afternoon of Sept. 28 on Maj. Gen. Miranda: patient is not admissible. He can be managed as an out-patient. Condition (benign positional vertigo) has improved from that of last check-up (18 Sept) tho the patient still complains of occassional dizzines but hearing in affected ear as well as otoscopic finding showed improvement.
Patient has enlarged tonsils. medication has been prescribed.
Sept. 19 lab test (blood chem) results FBS and ALAT slightly elevated. Considered normal and controlled as patient is taking meds.
There are no life-threatening findings.
Update: As of now, 11:53 a.m. of Sept. 29, one day after the court was informed about the Gen. Renato Miranda’s illness,his custodians are still waiting for clearance from Esperon to bring him to the hospital.
By Victor Reyes
Former Marine commandant Maj. Gen. Renato Miranda, the alleged leader of last year’s failed power grab, has been seriously sick the past two weeks but the military would not allow him to get out of his detention cell to go to hospital because he is a “security risk.”
An irked former Scout Ranger commander Brig. Gen. Danilo Lim, another leader of the plot, specifically lashed at Brig. Gen. Alfredo Cayton, the former commander of the AFP’s Headquarters and Headquarters Support Command, for denying Miranda of the needed medical attention.
“He wants to go to the hospital but they would not let him. His (request for treatment for his )serious medical needs are not granted,” said Lim, addressing the court.
Last week, Lim said Miranda collapsed at the bathroom and his head almost banged on the floor. Miranda is suffering from diabetes, high cholesterol, high blood sugar, which explains his vertigo. Lim and Miranda share a detention room at the AFP Custodial Center inside Camp Capinpin in Tanay, Rizal.
Lim said Lt. Col. Edwin Leo Torellavega, the head of Camp Capinpin hospital, requested Camp Aguinaldo for Miranda to be taken to a hospital inside the camp but Cayton, who had the control of detention facility, turned it down.
“The answer of General Cayton is its not allowed, he is a security risk…People are playing Gods even when it comes to the health and lives of people…Some people are playing Gods here. Why are they so stingy when it comes to health problems, we are not yet convicted criminals,” Lim said.
Of the total 28 accused, Miranda and Col. Januario Caringal were not present in yesterday’s resumption of the court martial. Miranda remained in his detention
cell while Caringal, previously diagnosed afflicted with hepatitis, is confined at the AFP Medical Center in Quezon City.
Miranda’s medical condition was raised before the court’s attention by a military defense counsel, Maj. Basilio Pooten, who said the former Marine commandant is “very very sick”, could not get up and that requests to get medical attention are ignored.
In a statement given to media at the sidelines of the proceedings, Lim said Miranda is also suffering from ear infection.
“Col. Torrelevega, head of the 2nd Infantry Division hospital called Camp Aguinaldo to inform GHQ of general Miranda’s need to be hospitalized. Brig. Gen. Cayton informed Col. Torrelavega that General Miranda is a security risk and cannot leave his detention
place,” said Lim in the statement.
Cayton had been replaced as commander of the AFP’s HHSC Friday last week by Col. Irenio Espino. Cayton is due to assume next week his new post as the military’s
deputy chief of staff for civil military operations.
Lim said Torrelavega is attending to the condition of Miranda “but without equipment, he can only do so much.”
“Meantime, (general) Mirandas serious medical needs are not being attended to. He could collapse again anytime or go into coma due to hypoglycemia. Some people are playing God even when it comes to the health and lives of other people,” said Lim.
“To add insult to the injury”, Lim said that the wife of Miranda had been lied to by the AFP’s deputy chief of staff for logistics, Rear Adm. Ludovico Franco, that her husband is already confined at the hospital.
Franco and Miranda are classmates at the Philippine Military Academy class of 1974. The other prominent members of the class are AFP chief Gen. Hermogenes
Esperon Jr., Air Force chief Lt. Gen. Horacio Tolentino and Navy chief Vice Admiral Rogelio Calunsag.
The president of the general court martial, Maj. Gen. Jogy Leo Fojas, directed the prosecution panel to coordinate with the convening authority, Esperon, so
that Miranda can be given the prompt medical attention.
Addressing the court also, Querubin said he was due to undergo a “blood chem” about two weeks ago at the AFP Medical Center but he is not being brought there. Querubin had been diagnosed by military physicians as afflicted with malaria.
“I have the same predicament as General Miranda…Until now, I have yet to hear from the doctors what the reason for the delay,” said Querubin, one of the several living officers who had been awarded with the highest combat award, Medal for Valor.
Also, Pooten asked the court to cause the giving of the necessary medical treatment on accused Col.Orlando de Leon, Lt. Col. Armando Banez and 2Lt. Belinda Ferrer who had been brought out from confinement at the AFP Medical Center although they still have some ailment.
While Lim was protesting the military’s inaction on Miranda’s health condition inopen court, de Leon blurted while seated: “Esperon is not a doctor, it should be now.” He was referring to Miranda’s need for immediate medical attention.
After which, accused Capt. Ruben Guinolbay said: “Does that mean we will just let him (Miranda) die?” Guinolbay is an Army Scout Ranger officer who was awarded the Gold Cross Medal for a feat against the Abu Sayyaf in Lamitan, Basilan in 2001.
At the resumption of the proceedings, Querubin’s counsel, Sigfried Fortun, asked for the re-scheduling and set the exercise of the peremptory challenge of the accused, who were not represented by civilian counsel, in the next hearing.
After an exchange of arguments and counter-arguments by the Fortun – who was the only civilian defensecounsel present – the military tribunal agreed to set the exercise of the peremptory challenge of the accused next week.
The other defense lawyers were not able to attend because of the hasty scheduling of yesterday’s trial.Initially, Fortun said the resumption of the trial was supposed to take place on Oct. 5 but sudden changes led to its scheduling yesterday.
The court said it shall not allow anymore the deferment of the exercise of peremptory challenge after yesterday’s hearing. It also reminded the prosecution to ensure that proper notices of hearing are served to the defense lawyers.
Ellen,
Even convicted criminals have the right to medical treatment.
There is grave abuse of Miranda’s human rights here.
I think the Commission on Human Rights should be alerted. Tanay is not Guantanamo Bay. Even there, the US provided the detainees with doctors.
This is very bad, bad indeed. If Miranda dies, there will be hell to pay.
Tangna. If one is a Malacanang boy required to testify in court or Senate hearing, he could fake illness. Remember the likes of Gen. Garcia charged with graft who complained of high blood and then was immediately rushed to hospital? Basta tuta ng Palasyo, sumakit lang ang ulo at inubo, dinadala agad sa hospital para lang makaiwas sa investigation. Tapos maraming araw pa sa loob ng maganda at comfortable na hospital room. Kasabwat pa ang doctor na magi-issue ng certificate na hindi pa daw kuno handa lumabas ang pasiyente. We’ve seen this happened many times in the past to people accused and charged of crimes who were close to Malacanang. Special treatment. Dinadala sa hospital kahit walang sakit. What about this Gen. Miranda? He and his family should manifest in writing that if anything should happen to him, Malacanang and the government must be held liable. Tangna.
Now, perhaps, there will be class action to condemn Esperon, and his president, et al at the ICJ!!!
Mag-alsa na kasi.
Mga sundalo ba natin, wala ng bayag?
I have never seen Brig. Gen. Danny Lim angry as in this morning’s hearing. He didn’t even ask permission from the court to speak. He just stood up and spoke.
He didn’t raise his voice but one can feel the anger. The other officers, Colonels Querubin, De Leon, Segumalian, Major Doctolero,and Capt. Guinolbay spoke one after another to condemn the inhumanity of the treatment of Miranda.
This is the height of arrogance on the part of Assperon.
We’ll make sure he’ll pay.
Ellen,
Am really proud of Lim! There’s your true soldier and protector of the Constitution!!!!
Ellen,
Did de Leon just say ““Esperon is not a doctor, it should be now.” meaning without using the title General?
If so, that would be very telling!
I can just imagine the anger in the hearts of ordinary Marines. Hindi sila makakibo at makakilos. Alam natin na nasa kay Miranda ang mga simpatiya nila. The Marines are a disciplined and elite group. Mahirap sa kanila ang makita na ganyan ang trato sa kanilang dating commander na wala naman nagawang kasalanan maliban kontrahin ang pang-aabuso ng pamahalaan ni Impakta. May mga bayag ang mga sundalo natin…pero wala lang bala ang mga baril. I hope you guys get my point.
“The president of the general court martial, Maj. Gen. Jogy Leo Fojas, directed the prosecution panel to coordinate with the convening authority, Esperon, so
that Miranda can be given the prompt medical attention.”
Fojas is a wimp of the most idiotic variety!!!!
He as president of the general court martial could HAVE TAKEN THE DECISION RIGHT THEN AND THERE for Miranda’s medical treatement.
I am so gobsmacked that at his level major general, presiding a court, his turf, his kingdom, couldn’t even muster the courage to do what’s expected of him.
I can tell you now that this is a kangaroo court presided by a kangaroo general.
Anywhere in the world, in a court martial, the presiding judge has FULL AUTHORITY to decide on such issue as medical treatment for the accused! That Fojas doesn’t know his job.
Yes, Anna, Col de Leon just said “Esperon” without the title. You can sense the disdain the way he said it.
The court apparently was concerned with Gen. Miranda’s condition but were at a loss on what to do. The law member, Col. Aleido said they are trying to do their best but stressed their limitations.
The court asked for a five minute recess that stretched to almost 40 minutes. Segumalian joked that maybe they are still calling Esperon for instructions but the phone lines jammer in the camp was not removed so they have difficulty contacting him or understanding his instructions.
The court panel was visibly unsettled by Gen. Miranda’s condition, when they resumed the pending motions (postponement of peremptory challenge by those without lawyers and adjournment of the hearing) were granted. The officers and members of media, who were used to hearing the panel just say, “Denied, denied, denied” were taken aback.
Imagine the panel didn’t say “Denied”. It was novel!
Ellen,
In a court martial being presided by my husband once, even before the proceedings started, the lawyer of the accused complained to the court that the accused had been throwing up in his cell (which was true) and was sufferring from stomach cramps, fever, etc. and was in no position to stand trial that day – my husband adjourned the trial and ordered that the accused be taken to the hospital RIGHT AWAY!
FOJAS didn’t have to instruct anybody to talk things over with Esperon – by golly, he, a major general to boot, wouldn’t be breaching military rules by deciding on the spot to have Miranda taken to hospital or a doctor called in at the very least.
Punyeta!
Why did they have to contact Esperon? Is he now called Dr. Esperon? Common sense dictates that if one is very ill or needs emergency treatment, he must be immediately attended to.
Even to an ordinary citizen dinadala agad sa medical clinic o hospital kung mabigat ang karamdaman para ma-check; what more to a former Marine General? Legally, hindi na kailangan pa ng permission from anyone. One in need of immediate medical treatment must be brought to the hospital. This is very basic.
“The law member, Col. Aleido said they are trying to do their best but stressed their limitations. ”
Aleido should have proposed to the court himself that because of this delicate development, a medical issue of no light matter, raised by no less than a general, General Lim, that the accused be allowed by court to seek medical treatment PRONTO.
Mga inutil! Punyeta!
Pechanco,
Legally, under military laws, yes, the accused needs permission FROM THE COURT MARTIAL PRESIDING OFFICER – Fojas has full authority to decide right then and there!
Mga inutil!
Bayag, Sampot? Kung meron man, tuldok na lang! Kawawa ang Pilipinas kapag nilusob iyan ng mga intsik sa totoo lang. Hindi pa man, talo na, at baka sinurender na noong dugong aso. Iyong ngang mga tulisan talo sila e. Puro paporma lang!
Don’t you think human and medical laws prevail over military law in time of medical emergency by the detained soldier? Even inside the prison or cell, the inmate must be immediately brought to the clinic if he’s seriously ill. Eh kung mamatay noon din si Miranda? Hihintayin pa ba ang permission if it’s between life and death? That’s my take on the issue.
Pechanco,
Kaya nga, dapat si FOJAS should have decided on the spot – HINDI niya kailangan makipagusap pa kay Esperon.
Asking for permission by the accused is mere legal formality – in the face of a medical issue, the presiding judge has FULL authority to decide.
Putanginang Gloria, Asspweron and Cayton!
Ang pagmumura sa mga walang pusong ito ay balewala kung ihahambing sa parusa ng mga “men of honor” na walang kasalanan kundi ang nais lang ay mapabuti ang lagay ng Pinas.
Kapag may nangyari kay Gen. Mendoza ay magtago na kayo sa lungga ng mga daga Hitlers, iyan ang magdadala sa inyong nilalasap na maitim na kapangyarihan!
Penchanco,
Re: “Hihintayin pa ba ang permission if it’s between life and death? ”
Sabi ko nga ang permission is only a legal formality – it takes 2 minutes for the accused (his lawyer of course should be asking it on his behalf) to say what’s wrong and another 2 minutes for FOJAS to decide.
The issue here is that FOJAS couldn’t decide and that’s the problem not the military laws but the ones enforcing the laws.
That was also what Gen. Lim was saying.
One of the officers lamented that they had to wait for a hearing to have Gen. Miranda’s condition attended to which should not be the case.
As cited by Gen. Lim, the camp hospital director had made a request last week for Gen. Miranda to be confined at the hospital inside the camp.
Gen. Miranda, Sir…taos pusong dasal po para sa inyong lubusang recovery from illness.
Ellen,
What is wrong with Esperon’s generals? All they have to do is to READ the frigging military manual in case of doubt. They have the right to decide on what to do with an incarcerated officer when it comes to medical issues.
There are no ifs and buts.
Mga punyetang inutil na nagkukunyaring mga GENERALES!
Napakarami nang kasalanan ng Human Rights Abuses ang mga corrupt military officers na ito ni Gloria. Kung nagagawa nila yan sa kanilang mga kasamahan sa militar ay lalo nang bagsik ang pwede nilang gawin sa pangkaraniwang mamamayan. No wonder na hindi matapos-tapos ang mga disappearances at salvagings. Ano pa ba ang ginagawa ng mga gallant soldiers natin? ANG TAONG BAYAN AY HINDI NA RIN LIGTAS SA KUKO NG MGA HALIMAW NA MEN-IN-UNIFORM! SAVE THE PHILIPPINES!!!
Paano naging security risk ang isang maraming sakit?! Lintek naman talaga!
Tangnang Gloria, habang nakikipagtsikahan at nangu-ulol sa kaso ng Myanmar na ibalik daw ang demokrasya ay eto at isang noble general ang hindi man lang payagang maospital!
I noticed that both Magdalo and Tanay groups are being pressured by severe security restrictions. Capt. Gary Alejano who was allowed by the Makati Court to attend to his new born daughter’s baptism, has not been allowed to leave by the Marine Commandant, despite the court’s order. Capt. Faeldon, who was scheduled to have therapy on his back, has been denied medical attention, also because he is a security risk. Now, Gen. Miranda is not allowed to have his life-threatening condition attended to.
The rule in civilian courts is that there is no need to seek court approval for medical attention. The warden does that.
Refusing medical treatment goes beyond arrogance. It is murderous.
Right! “Refusing medical treatment goes beyond arrogance. It is murderous.”
AdeBrux, the Manual on Courts Martial states that the security conditions and arrangements of the detainees are not under the jurisdiction of the court martial panel. However, they can make recommendations to the custodians (who are under the convening authority — in this case, Gen. Esperon). But, like I said, kahit yung mga gwardiya lang, pwede mag-authorize ng medical treatment.
Dun sa sinasabing security risk daw si Gen. Miranda, bakit di ba nila kayang bantayan ang isang prisoner nila. Ganyan ba sila katanga at kabobo? O baka naman takot sila Esperon dahil hindi sila sigurado sa LOYALTY ng mga pangkaraniwang sundalo nila. Esperon and his corrupt generals knows that there is a great devide in the institution. And the division is more of horizontal, The corrupt Garci generals against the gallant lower ranking soldiers.
“AdeBrux, the Manual on Courts Martial states that the security conditions and arrangements of the detainees are not under the jurisdiction of the court martial panel.”
I take it today that Miranda who’s very ill was in Court – and therefore, like I said, the decision for Miranda to be taken to hospital or to seek treatment could be taken by the Court right then and there.
There is nothing in the manual that says that this cannot be done – nothing at all.
“The president of the general court martial, Maj. Gen. Jogy Leo Fojas, directed the prosecution panel to coordinate with the convening authority, Esperon, so
that Miranda can be given the prompt medical attention.”
****
Bakit kailangan pa ang go-signal ni Asspweron sa isang emergency?!…isugod na sa ospital kaagad si Gen. Miranda!
Ang ina ng mga halimaw Gloria Impakta at mga halimaw niya…masunog kayo lahat sa impierno!
Fojas, in his capacity as presiding judge, could submit a formal report to the convening authority thereafter that he had personally authorized the accused to be seen by a doctor and why.
# Ellen Says:
September 28th, 2007 at 9:23 pm
Yes, Anna, Col de Leon just said “Esperon” without the title. You can sense the disdain the way he said it.
***
Tama, walang dapat tumawag kay Asspweron na General. He does not deserve the title!
If Miranda had been suffering this long while in custody, Cayton as the custodian should have made the necessary recommendations, even if he is afraid of Esperon, to have Miranda at the very least checked in by military doctors.
Cayton, another punyetang inutil, has it in his power to decide under military laws to do this.
But as ever, these 1, 2, 3 star generals have lost all their moral courage to do what is right even if only to enforce what the military manual says.
Mga duwag!
AdeBrux Says:
September 28th, 2007 at 9:38 pm
“The law member, Col. Aleido said they are trying to do their best but stressed their limitations. ”
****
Well, if true..your best is not enough, gago!
There should be no limitations in case of serious illness! Lintek!
“Fojas, in his capacity as presiding judge, could submit a formal report to the convening authority thereafter that he had personally authorized the accused to be seen by a doctor and why.”
This is correct. Fojas should have just taken responsibility for it. Ano ba naman ang ipa-ospital and may sakit?
When Lt. Col. Loy, who is the Asst. Trial Judge Advocate fell ill at trial, he was immediately attended to. His rights and the rights of the detainees are exactly the same. Kalokohan itong ginagawa nila.
“ang may sakit” Sorry for the typo
Everything is wrong in this country!
This is the problem with our military – they are not professionals.
The only ones who are professionals are in stockade.
That’s why they don’t know how to interpret what the manual says. They go through the drills, marching left right left right, they graduate, they fire the gun, they do battle alright but when it comes to the real military crunch, military principles, leadership, etc. somebody has to teach them all over again!
I have lil respect for many of the people in the Philippine military because of this.
Klingon,
What you say is common sense – as I’ve said above, it behooves the court martial president to decide on such medical issues when the accused is in his court just like the anecdote I posted above (not only question of military leadership but of common sense):
“In a court martial being presided by my husband once, even before the proceedings started, the lawyer of the accused complained to the court that the accused had been throwing up in his cell (which was true) and was sufferring from stomach cramps, fever, etc. and was in no position to stand trial that day – my husband adjourned the trial and ordered that the accused be taken to the hospital RIGHT AWAY!”
What they’re doing with Gen. Miranda’s condition is not acceptable!
Rise up, soldiers…simulang lusubin si Asspweron to death!
Chi,
“Rise up, soldiers…simulang lusubin si Asspweron to death!”
It might come to that one day but I doubt it today. Esperon can do this, defy military procedures, do away with military decency, dump the manual in the thrash bin because the military in the Philippines is not yet a professional military.
I’m not saying that the western military institutions are without fault – heavens, they are not at all, but military folks in the West abide by military rules and natural common sense, there is that doctrine that officers are LEADERS and therefore capable of leading, making a decision.
That’s what we don’t have in Pinas. Our military officers believe they are trained to obey, which is quite true in a military setting but that is an INCOMPLETE VERSION OF WHAT MILITARY OFFICERS ARE TRAINED TO DO: TO LEAD… that is what is wrong with the training of our military officers – LEADERSHIP and leadership goes with being able to DECIDE!
Anna, Gen. Miranda was absent during the hearing. same with Col. Caringal.
His custodian was called and he reported that Gen. Miranda was in bed when he checked before the trial.
That’s when Gen. Lim spoke.
Dapat ang mga kilos protesta ng mga Black and White Movement, Bayan (what can we expect from this group when it comes to the soldier’s case? NADA!), and other civil society groups, should not be limited to the political scenes…those involving Gloria and her wimpsand pimps!
Kahit hindi kayo mag-grupo sa Tanay ay magpakita naman kayo na pantay ang inyong tingin…Ipaglaban din ninyo ngayon ang simpleng karapatan ng mga “Men of Honor” na maospital man lang and bigyan ng tamang health care!
Kakaiyak, Ellen.
Ellen, Thanks for the clarification – in that case the blame should be put and thrown at Cayton! Same difference!
The military principle that Cayton, being the custodian, didn’t have to wait for the Court Martical presiding officer to decide on his behalf to order that Miranda be seen, checked by military doctors and if necessary confined to a military hospital.
It’s the plain ABC of his command responsibilty!
So sad, Anna.
Never thought that the unprofessionalism of our military will come to this low, all because of Gloria’s power bitching!
Tangnang Cayton, bahag ang buntot! Common Sense lang naman a! Kung merong seriously ailed kahit kaninong pamilya, isinusugod sa ospital, hindi na kailangang pag-aralan pa or hintayin ang go-signal ng sinumang punyeta! O, hindi nga pala niya kapamilya si Gen. Miranda.
Chi,
Just recounted Miranda’s and Cayton’s “story” to my husband.
At first like me he thought Miranda was brought to court ill and his immediate curt comment was: “Trial adjourned! Accused be authorized to be attended to by doctor.”
But when I explained that Miranda had been already ill in stockade and of Cayton’s non decision: “Farcical! Sheer humanity dictates that camp commander do the right thing: call in doctors or send Miranda to hospital.”
Anna,
I first thought that Gen. Miranda was given an immediate release for hospitalization by the military court (that was before I finished reading Ellen’s article). ‘Yun pala ay sinirku-sirko pa!
Cayton’s non-action in favor of Gen. Miranda’s hospitalization was inhuman, it should be denounced by all loving pinoys. We will make these SOB’s pay for their arrogance.
AdeBrux Says:
September 28th, 2007 at 9:48 pm
Penchanco,
Re: “Hihintayin pa ba ang permission if it’s between life and death? ”
Sabi ko nga ang permission is only a legal formality – it takes 2 minutes for the accused (his lawyer of course should be asking it on his behalf) to say what’s wrong and another 2 minutes for FOJAS to decide.
…But it takes one minute or less to die. Kung minsan nga seconds lang tepok agad. My point is, why not do away with all these legal shit when the man is very sick? Military or civilian, who cares?
Re: “My point is, why not do away with all these legal shit when the man is very sick?”
In theory, no need for legal shits, military or not, to get Miranda the medical treatment – sheer humanity dictates that a decision must be made on the SPOT but as ever it’s not the military legal shit that’s a problem but it’s the enforcer of the military laws – in this case, the commander.
Again, nothing to do with military laws being bad or good – it’s all up to Cayton or to Fajos. They are the ones who are to be blamed because they cannot decide on how to enforce the military legal shit you speak of.
Shame on this Cayton! He’s a second degree cousin on my mother’s side as a matter of fact, but I don’t know him personally. We have the same great grandparents, though, with his grandfather being a younger brother of my grandfather, the cousin of the Luna brothers. I was hoping he would have more balls. Sayang ang pagiging Cayton niya!!!
BTW, his uncle was a director of the Veteran’s Memorial Hospital some years back. Malakas siya doon dapat. Natakot siguro na lumaki pa ang mga ibinibintang sa kaniyang neglect!!!
Common, Fred the Second, puede ba magpakabayani ka! Nakakahiya ka! Pwe! Laking Mindanao kasi ang ungas!
Re: “Laking Mindanao kasi ang ungas!”
???????
Meaning, different from our brave and courageous kins from the north!!!
Who does this Brig. Gen. Alfredo Cayton think he is ???? What a f*ckin’ SOB ! Maybe like Esperon, he is aspiring to be the Philippines’ version of Pol Pot (Vietnamese Khmer Rouge leader).
Due to lack of brain cells, these Philippine Pol Pot’s should be reminded of the Universal Declaration of Human Rights of the United Nations (in 1948) where it states:
Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
and
Article 25: (1) Everyone has the right to a standard of living adequate for the HEALTH and WELL-BEING of himself and of his family, including food, clothing, housing and MEDICAL CARE and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in cicrcumstance beyond his control.
Denying Gen.Miranda’s request for hospitalization is more severe than “Keelhauling”.
That “bayagless” general who refused Gen. Miranda to be brought to the hospital should be castrated –scraped through and through! Para justifiable ang ginawa niyang inhuman treatment sa pareho niyang tao… Aywan ko, I have a feeling that the people are still waiting for a big figure from these few good men to be a Sacrificial Lamb” before they are going to march on the streets again! Sana. magising na ang mga tao. Huwag na nating hintayin ang matulad sa Myammar!
My prayers for your recovery, General! Please fight back! The country needs a man like you!
Esperon is commiting the seven deadly sin.The seven deadly sins are Pride, Envy, Wrath, Sloth, Greed, Gluttony and Lust. Each of the seven deadly sins came to be associated with a certain demon as well. Pride and Wrath were associated with Satan, Greed with Mammon, and Lust with Asmodeus. Leviathan was associated with Envy, Belphegor with Sloth, and Beelzebub with Gluttony. For many the world of demons was very real, and it was thought demons specifically tempted people to stray from the path of God and commit one of the seven deadly sins.
The president of the general court martial, Maj. Gen. Jogy Leo Fojas, directed the prosecution panel to coordinate with the convening authority, Esperon, so that Miranda can be given the prompt medical attention.
Re; This is the basis for what is known in contract law as the parol evidence rule. Under common law, parol evidence such as a signed contract is considered to be fully integrated, meaning it is the last and most official form of a binding agreement.
Parol evidence, at least in the eyes of contract law, is supposed to be clear and unambiguous. The document may state in writing that prosecutor agreed to provide medical treatment to Miranda. If Miranda provides evidence that prosecutor failed to provide him treatment, the judge should have a signed contract stating the precise arrangements. This would be considered parol evidence. If the judge ruled strictly on the terms of the contract, Gen.Miranda would most likely prevail in his motion to see a doctor and prosecutor would have an obligation to honor his motion.
Gen.Miranda could has his treatment.
Hello Garci General Assperon must be held responsible for deteriorating health condition of Maj. Gen. Miranda at ‘Tanay Hilton’. There’s no doubt that slow death is premeditated. It appears that AFP chief General Assperon imitated Viet Cong prison camp’s terrorizing and torturing tactics. The Viet Cong deliberately denied medical care and withhold food and medicine to American P.O.W‘s.
General Miranda’s relatives may try filing a petition for a writ of habeas corpus.
It is true, that the writ will only issue if the detention is unlawful. The general is being tried, and is lawfully detained. But the prison officials may be forced to grant a furlough for medical reasons.
In the case of Cardona v Winn (170 F.Supp.2d 131) prisoner Cardona (already convicted) requested for medical furlough to undergo a kidney transplant. The First Circuit Court of Appeals indicated that it would have granted the prayer, but stated that the prisioner needed to exhaust his administrative remedies i.e. file an appeal with the higher authorities in prison. Although the time to appeal with the prison authorities had lapsed, the Court extended the time to file the appeal, to benefit Cardona.
That case shows that habeas relief may be applied for, if the prisoner has medical needs; after all, medical needs, are inextricably intertwined with the right to life.
Note that Cardona is a convicted offender; General Miranda is still being tried. He certainly deserves more consideration than a convicted offender.
Although the Court held that administrative remedies need to be exhausted, in the Philippine context, one may go directly to court if the administrative remedies do not provide speedy relief. Since the military officials have been passing the buck, and the court martial panel has not acted on the request, despite its clear authority to do so, then resort to court may be made.
It is a long shot, but better to fail trying than to fail to try.
In all likelihood, the courts will hear the case. In the case of Potenciano and Erlinda Ilusorio v. Erlinda Ilusorio-Bildner, the wife of Potenciano Ilusorio filed for habeas corpus, to get custody of her aging husband from her daughter, on the ground that the father was being detained by the daughter. Although the prayer was denied, the case was in fact, heard at the Court of Appeals, and later the Supreme Court.
“Ang dagdag, ang dagdag.”
In the case of Cardona, the kidney transplant was not an emergency. He was just a candidate for kidney transplant at a Florida hospital (he had to wait for an available kidney). Kailangang, may matigok, para may ma-harvest.
In the case of General Miranda, there is a medical emergency, one need not exhaust administrative remedies, and immediately go to court.
Ellen,
Do you have the latest info about Gen. Miranda? Nadala na ba sa ospital?
Cocoy,
Masaya sana kung iyong mga demonyos associated with the 7 deadly sins being committed by Asspweron ay maningil na, isama na nila si Ass sa impierno. Isampay na nila sa kanilang balikat si Gloria, baka malimutan pa!
Chabeli:
Pamangkin ng Mother ko si Fred Cayton, but I have never met him nor know him personally, but siguro ganyan ang nangyayari sa mga taong kulang na tiwala sa mga sarili kahit na marangko sila.
His grandfather was a younger brother of my grandfather. He was a musician drafted in the US Army kasi mestisong Briton. Nadala sa US where he died and was buried at the national cemetery at Arlington. Kaya nagtataka ako why he should feel inferior and not brave enough to stand against these crooks who are lording it at the AFP. Akala ko pa naman matapang siya kaya gusto siyang paalisin kaya ginagawan siya ng alingasngas sa base niya. Ngayon playing safe na siya para huwag matanggal!
Oh, no! Hindi ganyan ang lahi namin as a matter of fact. Kaya sabi ko sa itaas, siguro kasi dahil doon sila lumaki sa Mindanao!!!
Madaling makamatay ang kunsumisyon. Kalmante lang si Maj. Gen. Miranda, pero siguro kulong-kulo ang dugo niya na masama talaga sa katawan. Di bale kung makakapag-blog siya dito, baka maalis ang stress niya. Yup, that’s the word, “stress.” But I pray that God will sustain him to the end. There is a reason for everything.
Itong mga nakakulong ay pihadong siyang pini-prepare ng Panginoon sa mga darating na pagbabago sa Pilipinas. Kailangan kasi nilang makita ng husto ang mga mali at someday soon try to right the wrong. Huwag silang patatalo. They should be strong.
Recommended reading sa kanila ang story ni Daniel in the Lion’s Den, etc., and most of all iyong story ni Jesus Christ and how He sacrificed Himself for mankind.
Miracles can happen you know when we least expect them gaya ng ginawa ni Joey dV, who is now being threatened and intimidated by the Fatso no doubt through his emissaries like Abaloslos para mag-turn about siya. Kaya kailangan niya ang moral support hindi lang ng ina-inahan niya but the people of the Philippines versus the GLORC!
GLORC as in SLORC in Burma.
I guess ang nagdidikta kay Fred Cayton si Enrile, whose special bodyguard is a cousin of Fred, and mine, too, I guess kasi Lacuesta.
I did not notice, but Fred Cayton is now described as “the former commander of the AFP’s Headquarters and Headquarters Support Command.” Kaya siguro naduwag!
Chi,
Esperon is the Chief of Staff, Armed Supot(s) of the Philippines
Cayton is Commanding General, AFP Supot Command
Hahahah! I like that Anna. The Armed Supots of the Philippines. Bagay sa kanila.
Anna,
Yup, Ex-commander of the HQ Support Command. Ngayon, Supot Command na! Now, I cannot attend the family reunion they are planning to hold!!! Invited pa naman ako dati! Kinana rin pala ang isang ito.
Chi, I’m trying to find out.
Chi, as of now, almost 11:50 am., Sept. 29, 2007, Gen. Miranda’s custodian is still waiting for Esperon’s clearance to bring Gen. Miranda to the hospital.
am all tears for this inhuman treatment of mgen miranda by no less than the undeserving highest military ranked officer in command of the whole AFP. a despicable ungentlemanly act of an usurping chief of staff who actually is a SHIT of staff!
chi,
ang tinutukoy ni anna ay partikular command/unit ng AFP inside GHQ, ang AFP Hqs & Hqs Support Command, hindi ang buong hukbong sandatahan ng pilipinas. madadamay ang may natitira pang dangal at tapang na paglingkuran ang inang bayan.
Even in the battlefield, the enemy soldier cannot be left without medical aid. Ito pa, one of our own?
Hindi ba conduct unbecoming an officer yan? Kaya lang, who will try Esperon and the panel?
What about the Commission on Human Rights? Wala ba silang magawa?
Lusubin na lang kaya ni Biazon, bringing medical staff and equipment. Siguro naman may moral ascendancy pa si Biazon, having been former chief of staff.
atty36252, Senator Biazon was at the Marine Brig to attend Sen. Trillanes’ committee hearing, at hindi nga ininda ni Dolorfino. Pong Biazon was a former Marine commandant and Chief of Staff. Indahin kaya siya ng Army o ni Esperon?
Excuse me, but what is “Indahin?”
Atty,
I also said that earlier: Report this to the CHR – there’s grave abuse of human rights here.
Esperon is tempting fate. If Miranda dies while in prison, he will create a martyr and could cause internal chaos, demoralization among the troops and demoralization could spread like wildfire.
If that happens, the AFP will be split; to make the troops obey, he will have to fire.
Esperon is gunggong!
This is the latest from Esperon (apparently a report to him):
I thank the good attorney for concurring with my position that
Miranda did not have to get order and permission to seek immediate medical help. My opinion differed a bit from that of AdeBrux.
Pechanco,
Ayan ka na naman! Sige na nga tama ka na!
Permission is but a mere formality like asking “Can I go to the toilette Ma’am/Sir?”
In the military just like in Miranda’s case, “I’m ill, can I see the doctor?” Answer: “Yes!”
Let’s not split hair, shall we?
I believe what atty there was saying was that there was a need for the man to receive medical attention – no need to go about 360 degrees before receiving medical attention, i.e., no need to get clearance from Esperon, should be on the spot (just as any right-thinking officer, commander, general, corporal, private or whatever would have done – decide on the spot.)
I said the same thing, Cayton or Fojas could decide on it! No need for him to get bloody clearance from Esperon. Nothing in the manual that says he can’t decide.
I think we are clear on that.
Re: I said the same thing, Cayton or Fojas could decide on it!
If Miranda had been caught ill and life threatened because of illness, Cayton as custodian, camp commander could decide to send him to hospital without going throuhg clearance from Esperon.
If Miranda had been caught ill in his court – Fojas’ court that is, then Fojas as presiding judge should decide on the spot – no need to get clearance from Esperon.
I think we are all saying the same things – but there are military rules to follow indeed but the commander is the one that makes the decision not the military manual.
Ellen,
Good to know that there’s no life threatening thing but question is: have they/Esperon used a brain scanner to determine that there is no potential danger, vertigo, etc. could be a problem.
Have they done complete blood tests?
Miranda is a Marine and in theory should be in good physical nick but as ever, incarceration could cause deterioration in physical condition because of lack of exercise and proper nutrition.
“indahin” root word “inda” meaning “to pay attention to” or “to respond to”
I was thinking, does he have to be near death to be brought to the hospital?
When does one become “not admissible” to a hospital?
Does a military prisoner, who is not even convicted of any crime,lose a right to be treated in a hospital (inside a military camp)?
Ellen,
Re: “Does a military prisoner, who is not even convicted of any crime,lose a right to be treated in a hospital (inside a military camp)?”
OF COURSE NOT!
Must tell you that my husband just shakes his head when I tell him this… His comment: “High command (AFP) is farcical!”
He met Miranda when the latter visited Paris sometime in Oct 1996. Miranda was then N-7.
klingon, thanks!
Thanks, Ellen.
I can’t understand the inhuman treatment of Gen. Miranda by these military monsters. They were ‘one’ before…is that not enough for them? Gosh, no conscience at all, nakakapanlantutay!
My husband has given lectures on air defence to AFP (army, air force and navy) and has met many of our officers who are in high command today.
“I was thinking, does he have to be near death to be brought to the hospital?”
***
Iyan din ang iniisip ko.
Ang meron si Asspweron ay puso ng saging. Sana ay mangyari na walang magdala sa kanya sa ospital kapag siya ay nagkasakit ng malubha!
Baka nga naman gawa-gawa lang ni General Miranda ang sakit, para makalabas and stage another coup.
What was that Tagalog saying again? Kung ano ang gawa, siyang hinala. Didn’t Norberto Gonzaels feign illness para hindi humarap sa Senado? Do we expect the same dishonesty from Miranda?
Isn’t this the General who said don’t touch my men; they were just obeying orders. I take full responsibility.
That is the very definition of honor; of a true leader. When something good happens, credit your men. When there is trouble, take the heat for your men.
Kung ako ang sundalo niya, I will stage a hunger strike, hanggang mabigyan ng medical attention ang general. Loyalty must be a two-way street. My officer was willing to take the heat for me. Ngayon ako naman, I will honor him, by risking another court-martial for his health.
Kung sit-down hunger strike, they cannot charge the men with an attempted coup, dahil walang force; nagpagutom na nga hindi ba?
Ano ba ‘yang medical findings kay Gen. Miranda, hinipo ni Bacarro ang noo ng General and then tapos na, ligtas na sa malubhang karamdaman ang may sakit?! What on earth…%$#^%$!
One thing I notice about prisons and jails in the Philippines is that they are dirty. In 2000, I visited a Japanese inmate in Muntinlupa, and boy, muntik akong masuka sa diri.
I hope the cells where the brave ones are incarcerated are not like the dirty pig’s pens we call “butabako” in Japanese. Nakakaawa naman ang sobrang pambabastos sa mga bayani!
Down with Glorc, Esperon and Company! Sipain na, now na! Gayahin ang mga Burmese!
Maraming nagkakaroon ng TB sa Philippine prisons as a matter of fact. Nabasa ko iyan sa diaryo.
I just wonder how Esperon and Company would feel if MGen. Miranda dies because he has not proper medical care. But then, what can you expect of these criminals? Hindi na nga pala puedeng tablan or are they capable enough of being pricked still by their conscience that I doubt they have.
Sa totoo lang nakikilabutan ako when they say “My President”! Golly, kriminal presidente nila? Yuck!
AdeBrux Says:
September 29th, 2007 at 9:14 pm
Pechanco,
Ayan ka na naman! Sige na nga tama ka na!
—-Siyempre, tama ako kasi I’m your teacher. A student is not better than his teacher. But I also got your point. Those idiots could have decided on the spot without having to ask Esperon’s permission. You, the attorny and I were all correct kasi sila ang mali dahil hindi nila pinayagan si Miranda. Next case…
Ayyy, oo nga pala! Excuse po Teacher!
Good. Next time makinig ka ng mabuti. Don’t embarrass your teacher again ha?
Re Atty’s :”Baka nga naman gawa-gawa lang ni General Miranda ang sakit, para makalabas and stage another coup.”
Gen. Miranda’s request was to be brought to a hospital inside Camp Capinpin. Hindi naman outside the camp. How can you stage a coup in a hospital inside the military camp?
Ellen, puwede pa rin mag-stage ng coup in a hospital inside the military camp…inside the coup-beta (CR). Sometimes, I find our beloved attorney’s statement and opinion quite inconsistent.
Re:Kung ako ang sundalo niya, I will stage a hunger strike, hanggang mabigyan ng medical attention ang general. Loyalty must be a two-way street. My officer was willing to take the heat for me. Ngayon ako naman, I will honor him, by risking another court-martial for his health.
***
Sana nga Atty. Pero para sa akin ay iyong mga loyal na sundalo sa labas ang mag-hunger strike. Kasi iyong mga nakakulong ay baka matuluyan dahil kundi gutom ay puro sakit naman.
Iyong iba nga ay wala ng makain at walang pambili ng pagkain dahil tinanggalan ng sweldo kahit hindi pang hatol. If not for some friends na nagbibigay ng pagkain ay baka buto’t-balat na lang sila ngayon.
Chi;
Korek ka dya’n.
A hunger strike can not guarantee some very specific results.
Hunger strikes like static electricity attracts lightning because serious hunger strikes get people’s attention even when they absolutely do not want to give it.
The hunger strike will obtain at least minimal national publicity on the day the hunger striker finally dies; at best, the hunger strike will create a national uproar of publicity focusing attention on the causes behind the hunger strike, and that publicity will last for weeks, or months even, if there is more than one hunger striker with their life on the line. Before anyone thinks with a hunger strike, a kind of frustration must grow, a frustration that is so debilitating that life itself appears no longer worth living unless change can occur.
Think! If Gen.Miranda hunger strike to express displeasure, Esperon will view him as a psychopaths
viewing his objection to fulfill his desires.
Pechanco:
“Ellen, puwede pa rin mag-stage ng coup in a hospital inside the military camp…inside the coup-beta (CR). Sometimes, I find our beloved attorney’s statement and opinion quite inconsistent.
**************************
That was meant sarcastically. I meant iyon ang iniisip ng GMA group. That is why I said, kung ano ang gawa, siyang hinala. Gawa-gawa lang ni Gonzales ang sakit, they think the same of General Miranda.
That was in the same vein as your sarcasm, coup in the coup-beta.
I did say that I consider him a man of honor, a true leader, so I do not expect the same dishonesty we found in Norberto Gonzales, to be manifested by General Miranda.
Sorry. Next time, I will be more explicit.
Unless thousands are to stage a hunger strike, o kaya ay mamatay ang isang very popular personality due to it, medyo may kahirapan nga na makakuha ito ng lubos na attention.
Hindi ako pabor sa hunger strike kasi ang hirap magutom e, (heheh!), saka sasabihin lang ni Gloria ‘mamatay kayong lahat na tirik ang mata dahil sa gutom, pero ako pa rin ang reyna’! Ang kailangan diyan sa impakta ay ma-Indira!
Attorney, my apology. Hindi naman ako sarcastic, alaskador lang if you know what it means. Frankly, your comments and opinions are very much appreciated here. Kahit papaano’y may abogado dito.
Pechanco, Atty,Tama na yan a. Nitpicking does not impress any one. It’s annoying.
You are better person if you can broaden you understanding of views that are not necessarily the same as yours.
Paliwanag ulit.
”Baka nga naman gawa-gawa lang ni General Miranda ang sakit, para makalabas and stage another coup.”
The above is what I meant as sarcastically meant, not your comment. Sorry for the wrong quote. I did not mean that you were being sarcastic, but that I was being sarcastic when I said the above. Parang yung coup sa coup-beta mo. Frankly I like the pun.
good evening mam ellen, it’s very overwhelming the response of this people about Gen. Miranda’s condition.
we are very much thankful to you for giving time and attention to general miranda and to his fellow detainees
It is true that Gen. Miranda’s condition is getting worse, totoo din po na nag collapse sya sa banyo ng detention nya, totoo din po na diabetic sya, he has to maintain his sugar, thanks to Gen.Lim for looking upto mirandas condition.
Daig pa nila ang mga kriminal sa muntinlupa, remember that this officers are still not convicted.
Yung storya sa Phil.Star last sept.29 na dinala o dadalhin nila sa V. Luna si General Miranda ay isang malaking kasinungalingan, HINDI PA NILA PINA CHECK UP man lang si GEN. Miranda
i will be frank with you mam ellen, kailan nila ilalabas si Gen Miranda at dadalhin sa ospital pag PATAY na?
Now ASSPERON, if you can read this, WALA KANG BAYAG, praning ka na sa mga sarili mong multo na ikaw ang may gawa, General Miranda is not a power grabber, hindi katulad mo na takot mawala sa posisyon.
I chalenge you ASSPERON, mag lakad kayo ng sabay ni GEN. Miranda, sa harap ng mga sundalo ninyo, sino kaya sa inyong dalawa ang babatuhin ng itlog?
nabato ka na nga pala, sa U.P. , remember?
But unfortunately attorney, pareho tayong pinakagalitan ni Ellen. Kung minsan hindi ko maintindihan kung bakit nagagalit siya ng walang dahilan. Hindi naman tayo nag-aaway. I even apologized. Wala yata siya sa mood. She also strongly reminded others not to post long messages when in fact long posts have been going on for so long now. To me, okay ang mahabang sulat basta may laman ang sinusulat. Huwag lang paulit-ulit na parang dasal. Anyway, let’s just obey and cooperate. Nasa ET Court tayo attorney at baka ma-contempt tayo.
If you have a lot to say, I suggest you break it. It’s for readability.Gokusen and others do it.
Thanks for understanding.
How do we break it, Ellen? Pardon my ignorance. Ang pagsulat kasi parang nagsasalita din kung minsan walang tigil. We pour out what we feel at that moment. Lalo na ngayon mga katarantaduhang ginagawa nila sa ZTE deal at iba, how could we not write long messages and how could we break it? Thanks for your reminder anyway. Rest assured that we’ll try to control and limit ourselves.
After four paragraphs, you submit it and continue with your comments.
I tell you, kilometric comments are a turn off. You don’t achieve your purpose of sharing your message because just the sight of very long comments, readers will skip it.
Messages are more effective it they are brief and concise.
Not that I’m justifying my mistake, I think many of the bloggers are guilty of that…kilometric comments. Si Cocoy, Chi at ibang nasa Amerika lusot dahil miles ang kanila hindi kilometers. So, they write milemetric comments. Seriously, thanks for that, Ellen. Iba ang ang may journalism background ano?
Thanks for being broadminded.
Bakit sinabi mong broadbanded ako? Hindi ba may Broadband investigation ngayon?
Ellen,
Do they have health check at least once a month in Philippine jails? Mukhang wala a.
Over in Japan, weekly pa nga ang check-up when they are in detention kasi they understand the effect of such incarceration on the state of mind and body. Kailangan kasing physical and mentally alert ang suspect or accused when appearing in court for arraignment, hearing, etc.
At saka bakit si Esperon ang nagde-decide niyan? Dapat iyong mga lawyers ng mga brave men na ito, palaging nagsasampa ng motion sa korte, pansinin man o hindi for the record. Kasi balak araw naman may makikinig din korte at lahat ng mga ebidensiya noted and recorded puedeng ipresenta.