By Joel Guinto
INQUIRER.net
Colonel Ariel Querubin, one of the alleged leaders of the botched February 2006 coup, found an ally in former vice president Teofisto Guingona, who attended the officer’s habeas corpus hearing at the Court of Appeals on Thursday.
Guingona, who wore a button pin bearing Querubin’s face, sat beside the colonel during the proceedings.
“I give full support to Colonel Querubin because I know how it means to be imprisoned,” Guingona told reporters after the hearing.
“I think justice will be served… I think we will get out of this soon,” Querubin said.
Mrs. Querubin questioned her husband’s detention citing the pre-trial advice (PTA), which was not signed by Armed Forces Chief of Staff General Hermogenes Esperon Jr.
In the PTA, Esperon approved the filing of mutiny charges against Querubin and 27 other Marine and Army Scout Ranger officers, overturning recommendations by military prosecutors to charge them only with lesser charges.
“The confinement is not only unlawful, it also has no basis in fact and in law,” Querubin’s lawyer, Sigfrid Fortun, told the three justices of the appellate courts 5th division.
Fortun said the PTA was the equivalent of an indictment in criminal courts, without which, suspects could not be detained.
“This is about a valid indictment. If there is no valid indictment, Colonel Querubin should be allowed to go scot-free,” he said.
He said this should apply to Querubin’s case, even if he is under military law. “[Soldiers] are not a class of people with separate rights. They have rights under the Constitution.”
“One and a half years of this soldier’s productive life has been lost,” Fortun said, adding. “He is not a flight risk, with seven children and a homemaker wife. He should be allowed to go [out of detention].”
Fortun said Querubin should freed, since if the original recommendation of military prosecutors was to charge him only for violation of Articles of War 96 (conduct unbecoming an officer and a gentleman) and 97 (conduct prejudicial to good order and military discipline).
Querubin and his co-accused have been detained at a maximum security facility in Camp Capinpin in Tanay town, Rizal province, since mid-2006.
Arguing the case of the government, Assistant Solicitor General Amparo Cabotaje-Tang, said Esperon did not need to sign the PTA, since there was an “amended charge sheet” that included mutiny.
“Even without signing [the PTA]. It was effectively and legally approved,” Tang said.
The presiding justice, Martin Villarama, grilled Tang on her argument.
“He can just put a line there. Approved or disapproved. Why do you think is the reason?” Villarama said.
To, which, Tang replied: “I was not informed of the reason [why Esperon did not sign].”
Villarama then said: “Effectively approved? Why did he not say so? It will only take him two seconds [to sign].”
Tang also accused Querubin’s camp of “forum shopping,” saying he also has a pending petition for certiorari, questioning the legality of the court martial trying him.
Fortun countered, saying his client’s detention and the jurisdiction of the court martial were two different issues.
Villarama gave both sides 15 days from Wednesday to submit memoranda, for Querubin’s camp to prove that they were not forum shopping, and for the Solicitor General to cite precedents when a PTA was not needed to send a case to court martial.
Hopefully Col Querubin will get justice this time. It is about time he gets one. I heard through the grapevine that he had an excellent representation in court today both by his legal counsels and the support of relatives and friends. I heard too that asspweron is out of the country…mmmm I wonder where he is spending his money these days.
“Never was so much owed by so many to so few”… Winston Churchill
“We will never surrender”
again Winston Churchill!
oh yes!! i am very sure!! this few good men will soon have justice.. it is written and they can have it!! we all have learned our lesson,that what GMA and her evil mania groups will soon be ousted, either be the hard way!! no evil leaders have last for a lifetime,they will all go down the drain and stink..like hitler,mousolini,saddam husssein,marcos and even GMA..they will all be a bad example as the criminals that once roam in our civilization!!GMA will be oustd, and so is this mr esperon and all GMA`s evil minion`s and it is just around the corner!!
“As you sow so shall you reap” This is the Law of Karma. Interestingly, both science and religion recognize this law. In science it is often stated, “For every action there is an equal and opposing reaction.” Its religious counterparts are, “An eye for an eye, a tooth for a tooth”; and “As you do unto others, it will be done unto you.” Simply stated, “What goes around, comes around.” This is the law of karma, of cause and effect.NO exemptions at all(including the MARCOSES and PIDALS!)
Nakakalungkot na ang AFP court martial natin under Esperon’s leadership CANNOT handle and exercise FAIR proceedings concerning their own men. Paano natin ipagkakatiwala ang ating bansa sa kamay ng mga AFP High Command na ito, na isip nila ay sila ang hari at laruang tau-taohan ang mga nakbababang ranggo. Dapat kay Esperon ay ma-firing squad!
Palagay niyo kaya pag retire na si Esperon ay mapapalaya na sila Querubin and Co? Hanggang nandiyan yang mga Pidal na yan ay mabubulok sila sa kulungan. Mabibigyan lang sila ng “Fair & Square” na laban pag nag-evaporate na yang Pekeng Gobyerno natin.
Si Glorya at ang mga hayuk na mga TUTA niya ang problema natin.
Court Martial is guided by Military Court,which lists criminal offenses that include serious crimes such as murder and assault,as well as military-specific crimes such as failure to obey an order from a superior officer.The term court-martial refers to the investigation,trial and punishment of members of the armed forces accused of breaking the law Military’s legal process exists independently from civilian/criminal law and courts.
Esperon is calling the shot being the ace in the military under the direction of the president who is pulling the string.Gloria has asserted broad,exclusive presidential powers under the Commander in Chief Clause.However,the minimalist language of the Clause never specifies what powers a commander in chief possesses,and the contemporary theory of civilian-military relations,that the commander-in-chief power is narrow rather than broad.In a democratic republic,however,the purpose of fused dominion is entirely different.It is to ensure civilian control of the military – to safeguard against coups, usurpations, and adventurism.For purposes of civilian control of the military,there is no assumption that the civilian commander in chief possesses any military competence or exercises real military command.
There is,therefore, no reason to suppose that the commander-in-chief power incorporates a broad, uncircumscribed set of powers.The contemporary theory of civilian-military relations reveals the continued importance of maintaining separation of civilian and military functions.In short, the political theory behind the civilian commander in chief centers on the need to restrain power, not to enhance it; and it is this theory that provides the interpretive key to the Commander in Chief Clause.Yes,Querubin and company can get justice if these two Berdugos; Esperon and Gloria is out in the picture.
WWNL,
I admire Winston Churchill and I really like listening to the recording of his WW2 speech when he bellowed, “We shall never surrender…”
But truth of the matter is Winnie, as ever, a spoiled brat of a politician committed strategical blunders too because of his over-confidence and belief that Asians could be a magnificent force to contend with, eg., the unnecessary and humiliating disastrous fall of the so-called impregnable fortress Singapore to an inferior in number but well-prepared and more determined Japanese force.
Ooops, “OR NON-belief that Asians could be a magnificent force to contend with.”
Tang twisted the logic behind the unsigned PTA. Note that it was only until very recently was it discovered that the much delayed release of the PTA was to hide precisely that.
If the Ass omitted it on purpose, what could be the legal implication and likewise Ass’ reason? Lawyers?
TonGue:
You can read into the justice’s mind through his line of questioning. He asked what is the reason that Esperon did not sign, Tang could not advance any, which shows that there is no justification to the implied request to exclude it from the general rule that it be signed.
Tang argues that it was “effectively” approved. But Villarama, through his questioning is saying, how do you effect an approval without signing? By drawing a line on the words approved? Anybody can do that, so how do we know Esperon did it, and not another person? In other words, Villarama is saying sinungaling kayo.
I imagine the paper has the words “Approved/Disapproved” on it, and a line was drawn underscoring approved, without a signature.
I will score this round for Sigfrid Fortun.
If the tiyanak and asspweron will not stick their fingers in this case with the court of appeals, Col Querubin has a chance. But if this evil duo will employ their dirty tactics like digging dirt on someone’s life and using that as a leverage to change the course of justice, justice may just be an illusive dream for the Querubin camp. I am hoping that the justices handling this case now really have the moral integrity to stand on. We just have a few of these principled judges around in this regime. Corruption is not only in the Executive and Legislative levels, it is eating up the Judiciary body as well.
Thanks, atty36252. Bill me later. The judge’s leaning (for now) is quite obvious to me, too.
I also wanted to know what the Ass could have tried to achieve by not signing (if done on purpose).
************
Btw, atty, I’ve been intrigued by the suffix “36252”. Is it your birthdate – 1936, 25 February, or does it stand for the phone-etix for “Dobla”, “Emala”, etc? Or is it your vital stats – 36″ chest, 25″ waist, 2″…STOP! Joke lang! Hehehe!
Two inches nga –
radius.
Radius of the knee.
I think if I remember rightly, the PTA recommended the dismissal of the criminal charges against the officers but recommended the filing of ‘minor charges’ (??), conduct prejudicial to good order, hence Esperon who disagreed could neither sign approve or dissapprove the recommendations. He was prepared to short-cut the whole proceeding by annexing his own advice which in the end tended to detract from the real issue, i.e., shall we or shall we not charge them?
Esperon is getting a kick out of this because even he could have foreseen that when he threw a monkey wrench in the court that he himself authorized to be convened, there would be endless wranglings that would and will continue to result in delays.
It’s a tactical operation. He wanted the military proceedings to proceed as slow paced as possible, incarcerate these men to prevent any further real trouble against his queen or at least until such time that he retires. By that time he will have groomed his likely successor who will be following in his every foot step and who in turn will be issuing separate and conflicting directives to further muddle the issue.
It is good though that these soldiers have excellent lawyers taking the battle to the higher courts even if say, they were shopping for forums if only to defeat Asperon’s stupid fumbled beachead. Besides, their cause is being heard by a much wider audience this way and by a more qualified panel of legalists than those idiotic legal blunderers of Esperon’s kangaroo court.
That’s an excellent assessment, Anna, dear. Thanks.
Radius, hahaha! ‘Galing ng buwelta mo, tsip! Bilib ako sa talas mo.
If I have my way and non-relatives can visit the detained soldiers, I will just give them an unsolicited advise that they “should now build their [LAST CASTLE]inside the detention center” because obviously the minions of the Mole of Asia will not accept that they are wrong for their underestimating the resolve of the soldiers especially if they belong to the “ORAHHHHH!!!! CLASS OF BREED”
Why, thank you Tongue dear.
It’s really strange to see how Esperon is treating Querubin as there is usually a tendency for a leader to be protective of his own men. What we see here is the opposite, almost akin to fear or insecurity. If he perceives Querubin to be a threat to the military then dismiss him (commensurate to his offense) and let him strart a new career as a civilian, he has a family to support for God’s sake. Philippine military history is full of stories of gallant officers who opted to resign and join the private sector rather than compromise.
It is also heartening to see the “civilians” rallying together to protect a soldier, a far cry from the “martial law ” days when the soldier was the jailer and torturer of civilians.
adb’s assessment only mean that this guy is a psycho.
It’s the best move against Assperon’s Kangaroo Court. It’s a sham court martial proceeding from the start.
Daily Tribune headline: Defiant AFP ‘coup plotters’ walk out, blast ‘sham’ trial
Accused officers reject court martial proceedings bereft of signed PTA. 2007/11/10
Anna, it was the pre-trial investigation report (PTIR) that recommended dropping of mutiny charges and charging some officers of conduct unbecoming of an officer and a gentleman. (“Some” because there were others who were recommended not to be charged at all.
Col Pete Davila wrote a pre-trial advice (PTA)to Esperon recommending that the PTIR be overturned and to charge everybody with mutiny and conduct unbecoming of an officer and gentlemen.
Esperon never signed “approved” or “disapproved” the PTA. he just transmitted it, together with the PTIR, as references in the court martial trial.
Ellen,
Thanks for the clarification (getting all muddled up by so many PTI PTA PTIR, etc)
In other words, “Esperon never signed “approved” or “disapproved” the PTA. he just transmitted it, together with the PTIR, as references in the court martial trial.” points to the fact that Esperon himself has decided even from the very start to throw a monkey wrench to the entire proceedings a kind of delaying tactic… hahaha!
Senga his predecessor did the same thing by refusing to face the music squarely and making a command decision before he retired preferring to throw the ball to his successor so we now find that Esperon is using same delaying tactic and will then throw the repsonsibility to his successor!
Ano ba yan mga iyan? Walang bayag? A military officer with bayag is expected to be able to make life and death decision! While this fellow here must have left his balls in some intel seminar course that he went through (after he virtually had no field combat command experience…
Anna, the longest and most efficient job asspweron had was to be a bodyguard in Malacanang!
Its obvious that somebody wanted these men to be charged with a “heavier” offense – MUTINY, instead of just “CONDUCT UNBECOMING” but this somebody initially didn’t want to go on record by not signing the PTA. Hmmmmmm, so he knew it was an obvious blunder if he did? If Esperon didn’t really have actual field experience, it seems likely that his INSECURITY is showing by making the “battle field” officers feel that he is in control here? Very selfish indeed, what about the families of these men, doesn’t he know he is punishing them also?
Kudos Ellen!
You know, if you weren’t following this case, the powers that be could have done anything they wanted and we wouldn’t know about it. Evil men can only do evil deeds with impunity under cover of darkness…
It seems that Esperon has lost all semblance of moral courage and is now just “riding along” the rationaliztion of “following orders” from a superior civilian authority – Commander in Chief GMA. What he may have forgotten (quite conveniently) is that the “civilian authority” as taught in the academy is the FILIPINO PEOPLE, although supposedly represented by the President but the illegitimacy of the sitting one should disqualify her of this “representation.”
Or he may have opted to deliberately “omit” certain aspects of his job so that he has a “way out” later on when things get hot and he can have an “epiphany” like realizing his mistake and is withdrawing his support to …you know what I mean.
“Just to Survive”
An Interview with Lt. Gen. Hermogenes Esperon
for Filipinas Magazine, October 2006
http://www.homepage.mac.com/jdalisay/blog/Manile%C3%B1oJuly-Sept06.html
Nope. http:// needs to be typed before .homepage (no www)
Part of the interview said:
“So I took the PMA exam, urged by my batchmate Pepu Chanco, who also took and passed the exam along with a third batchmate, Rogie Calunsag (now a rear admiral).”
Juggernaut, I was trying to access your link to Esperon’s interview and I could not go through. Give me your website address too, please.
Oooops, ingat. Merong naligaw!
Here is the link:
homepage.mac.com/jdalisay/blog/Manile%C3%B1oJuly-Sept06.html
Remember to put h t t p / /
before the “homepage….”
Ka-batch pala ni Butch Dalisay. Had many beer-inspired chats with Butch Dalisay, Jerome Bailen (UP anthropology) and other habitués at the PCED. That was before Alex Magno hooked up with the “mainstream”.
The Daily Tribune – 06/10/06 – October 6,2006 Friday
Vol.7, No.206
GMA pledges P26B for soldiers’ pension pay to quell unrest
AMID LOUDER MILITARY GRUMBLING AND RESTIVENESS
But nelbar, Esperon couldn’t even give the soldiers’ combat pay — he said there’s no money. Siguro promisory note lang yan pero walang pupuntahan.