By Joel Guinto
INQUIRER.net
The Scout Ranger and Marine officers accused of an alleged coup plot in February 2006 walked out of their court martial hearing on Friday, after military prosecutors insisted on proceeding even with a crucial document remaining unsigned by the chief of staff.
Defense lawyers walked out first, followed by the officers, who allegedly plotted to overthrow President Gloria Macapagal-Arroyo on allegations of election fraud.
“I cannot take part in these sham proceedings because the accused are not legally charged. They have the right to know the allegations against them. They have the right not to participate in these sham proceedings,” defense counsel Francisco Chavez said.
Other lawyers followed Chavez, leaving only two defense counsel — Trixie Cruz-Angeles and Gilbert Gallos — in the courtroom.
Military police tried to prevent the walkout by closing the door, but ex-Marine commandant Major General Miranda, pushed it open, saying, “Padaanin nyo kami, kaso namin ito [Get out of our way. This is our case].”
The bone of contention was the pre-trial advice (PTA), the equivalent of an indictment in civilian courts, in which Armed Forces chief of staff General Hermogenes Esperon Jr. recommended the filing of mutiny charges against the accused officers.
The PTA overturned the recommendation of the pre-trial investigation (PTI) of military prosecutors, which only recommended the filling of lesser charges against the group.
Defense lawyers refused to continue with the trial unless Esperon signed the PTA.
The military has argued that Esperon did not need to sign the PTA since he issued a memorandum that approved the filing of charges against the 19 Scout Rangers and nine Marine officers for mutiny.
The law member of the court panel, Lieutenant Colonel Marian Alledo, asked Angeles and Gallos to represent all 28 accused, but the officers refused, saying they had the right to counsel of their choice.
The court then called Captain Isagani Criste to exercise his right to peremptory challenge, but he refused, saying, “I will only exercise my right to peremptory challenge once the PTA is signed.”
A peremptory challenge is a right accorded to an accused to before a court martial to eject any member of the court, without laying basis, at any time before his arraignment.
Four others gave the same answer when called to the stand, Captain Frederick Sales, Captain Allan Aurino,First Lieutenant Ervin Divinagracia, and Lt. Jacon Cordero.
At this point, the court, acting on a motion from the prosecution, waived the right of all the accused to a peremptory challenge, after which, the members of the court, led by Major General Jogy Leo Fojas, were sworn in.
“The court is now duly-constituted,” Alledo said after the hearing.
Asked what would happen if the accused refuse to attend the next hearing, Alledo said: “We will cross the bridge when we get there.”
The swearing-in of the court members will pave the way for the arraignment of the accused. The court has to arraign the officers before the two-year prescription period from the commission of the offense prescribes next year, or else, the charges could be dropped.
The 28 officers are detained at a maximum security compound inside Camp Capinpin, where the hearings are held.
“Both parties have reached a deadlock. We cannot proceed until General Esperon signs the PTA,” lawyer Alex Avisado, who represents Criste and Major Jason Aquino, said earlier in the hearing.
“Can the court proceed based on an unsigned information? Jurisprudence says it cannot,” said Chavez, who represents Major General Renato Miranda.
Angeles, who represents Captain Ruben Guinolbay, said that based on Section 35-B of the Manual for Courts Martial, the chief of staff, as convening authority of the court, should sign the PTA.
“The charge sheet is imperfect and incorrect because the PTA is unsigned,” Angeles said during the hearing.
The accused officers are led by ex-Marine commandant Major General Renato Miranda, ex-Scout Rangers chief Brigadier General Danilo Lim, and ex-1st Marine Brigade chief Colonel Ariel Querubin.
Lim and Querubin, supposedly with Miranda’s knowledge, allegedly planned to lead soldiers in a mass withdrawal of support from Arroyo on Feb. 24, 2006, the 20th anniversary of the 1986 People Power uprising that ousted the dictator Ferdinand Marcos and restored democratic institutions in the country.
************************************************
From Malaya:
27 accused soldiers walk out of court martial
by Victor Reyes
THE officers being court martialed for last year’s attempt to grab power walked out of the courtroom with their lawyers Friday afternoon to protest the military tribunal’s decision to proceed with the hearing despite the unresolved questions on the basis for their trial.
Twenty-seven of the 28 accused walked out when the court waived the right of four junior officers to exercise peremptory challenge when they refused to challenge any member of the general court martial.
The 28th accused, Marine Col. Januario Caringal, was not present, being confined at the Manila Naval Hospital due to hepatitis.
Before the walk-out, the court ordered the prosecution panel to clarify with the court’s convening authority, AFP chief of staff Hermogenes Esperon, if he had approved the pre-trial advice (PTA) of his staff judge advocate.
The PTA reversed an earlier recommendation by a pre-trial investigation (PTI) panel to drop the mutiny charges against the accused and indict them only for conduct unbecoming an officer and a gentleman.
Esperon issued a memorandum in November 2006 ordering a court martial of the officers for offenses that include mutiny and conduct unbecoming, using the PTA and the PTI report as his basis.
Defense lawyers, however, contend that the accused are not legally charged because Esperon did not approve the PTA, while the prosecution insists Esperon’s November 2006 memorandum is proof enough that he had approved the PTA.
On the insistence of the defense, the court directed the prosecution’s Lt. Col. Jose Feliciano Loi to make a “written action” before Esperon’s office to establish if the PTA had been approved or not. After this, the tribunal ordered the proceedings to continue, turning down the defense request for a suspension.
Lawyer Francisco Chavez, saying that he could not participate in the “sham” proceedings where the accused not legally charged, left. He was followed by other defense lawyers, including those representing ex-Scout Ranger Brig. Gen. Danilo Lim and Col. Ariel Querubin, and Vicente Verdadero and Rodrigo Artuz, who said the trial should be suspended until the PTA question is resolved.
Two civilian defense lawyers – Trixie Angeles and Gilbert Gallos – stayed on with the military defense counsel Maj. Basilio Pooten.
Angeles asked the court anew to suspend the proceedings but was turned down.
The court then called Captains Isagani Criste, Frederick Sales and Allan Aurino, and 1Lt. Ervin Divinagracia and Jacon Cordero to exercise their peremptory challenge but the five declined, pending the settlement of the PTA question. On the motion of the prosecution, the tribunal waived the right of the fiveaccused to exercise their right to peremptory challenge.
At this point, Angeles, Gallos and the officers walked out with soldiers securing the courtroom unsuccessfully trying to stop them.
Also yesterday, the members of the court, headed by Maj. Gen. Jogy Leo Fojas and law member Col. Mariane Alledo, took their oath. This means the court would try to arraign the accused in the next hearing.
Photo captions:
1. Capt. Isagani Criste raising his fist. Ahead of him is Atty. Frank Chavez, lawyer of Gen. Miranda.
2. Criste, Col. Orlando de Leon, Col. Custodio Parcon, Col. Ariel Querubin. Man in barong is Atty. Rolando Cipriano, also Gen. Miranda’s lawyer.
3. Chavez and Atty. Jose Miguel Palanca, lawyer of Col. Januario Caringal.
4. Gen. Miranda; Maj. Basilio Pooten, military lawyer; Col. Archie Segumalian and Brig. gen. Danny Lim
5. Rep. TJ Guingona, who attend the hearing, with Capt. Ruben Guinolbay.
6. Capt. Joey Fontiveros
7. When the walkout started, troops were immediately augmented. Complete with shields.
“PAGPAG”:Recycled Garbage Food for the Poor
I just watched the episode on” Poverty in the Philippines” on ANC’s “Crossroads ” .I got so depressed when I learned about a coping mechanism of our very poor called “pagpag”.In the vernacular,”pagpag” is a verb that describes the act of dusting off dirt.One does this with food, such as a piece of bread, when it accidentally slips your hand and you rescue it from the floor. You can still eat it, just dust it off or “pagpag” it.
In Payatas, people makes a living by recycling garbage.”Pagpag” is apparently a very common practice there.
They gather the thrown away plastic, papers, and whatever they can find, including food, that could still be recycled. They sell the papers and plastics to the factories and the recovered food items, usually half-eaten meat, to some stall-owners who cook them again and sell them to the customers. This dish is “pagpag”. The verb has become a noun.
One angry viewer called the “Crossroads” program to express outrage that the “Pinoy Big Briber” can give away P500,000 packed in brown bags to Governors and Congressmen while the very poor are eating recycled garbage food called “pagpag”.
Gloria ,your callousness cries out to high heaven, your stinginess to the poor cries out to high heaven!You remember them only during elections.
Hi Equalizer,
How do we contact Gawad Kalinga, can ordinary people like you and me join?
“The Scout Ranger and Marine officers accused of an alleged coup plot in February 2006 walked out of their court martial hearing on Friday, after military prosecutors insisted on proceeding even with a crucial document remaining unsigned by the chief of staff.”
Ellen, That was the only right and decent thing to do! Bravo officers!
Juggernaut, allow me to answer your question: I can give you the e-mail of the person in Manila who is a friend of mine and who is one of the good people behind Gawad Kalinga by asking Ellen to transmit your e-mail to me, I can do it.
JUG:
http://www.gawadkalinga.org/howtohelp.htm
Tanong lang po, ang tagal nang pinagtatalunan yang PTA na yan. Bakit nga ba di pa pirmahan ni Esperon yan? Tutal binalewala nya rin yung rekomendasyon ng PTI, bakit di pirmahan? Ano ba ang implikasyon nito kay Esperon kung pipirmahan nya to?
Thanks Anna, I’ve been trying to make a list, you know, “if I had only a year left in the Phils what would I do?” other than spend as much time with my family, there must be something else right? I really appreciate it. What do you need? My email address? Or you can get it from Ellen? I give her my permission (no need to ask) if its needed.
There’s a historical parallel above re Alcaraz, because of so much uproar from the press, and subsequent support from his “mistahs” Marcos was forced to order the proceedings dropped.
The mistahs of Querubin and Miranda need to remember the “SAME BANANA” movement of Class ’40.
Juggernaut, will send it to you as soon as I receive your e-mail addy from Ellen; btw, so the expat move is on the roll? Excellent news.
Ellen, Is First Lieutenant Ervin Divinagracia related to Commo Divinagracia (Class 62)?
Juggernaut,
I wonder if the Col Querubin is getting support from his mistahs?
Ellen,
What if Esperon signs the PTA even at this late date? Have the officers defence counsels formulated a strategy to essentially beat Esperon’s charges?
Anna, Juggernaut, I’ve sent you the emails.
GMA’s attack dogs should’ve handled this case like gentlemen earlier, allowing these officers to leave the service with their honor and dignity intact as they would have quietly left “for the good of the service.” Instead, they sadistically treated them, apparently without grounds for detaining them. Tsk, tsk, tsk, scared, desperate, blunders. I hope the media and the lawyers keep up the pressure, someone will have to capitulate.
Thanks Ellen.
Anna, I don’t know if Lt. Ervin Divinagracia and Commodore Divinagracia are related. If I have a chance, I’ll ask.
Re: “What if Esperon signs the PTA even at this late date? Have the officers defence counsels formulated a strategy to essentially beat Esperon’s charges?”
I’m sure the defense counsels have already thought of that.
There are more exciting incidents in yesterday’s hearing. I’ll write about it Monday.
ADB,
I’m pretty sure the recent events (to include the Magdalo) is tearing at the very fabric of military discipline, even threatening to polarize the officer corps.
There seems to be an ambiguity on how our soldiers view the concept of “honor.” On the one hand, a strict adherence to the rules of military discipline or “chain of command” (professionalism or my country right or wrong) and professionalism in the “moral” dimension ie rejecting morally unlawful practices/orders, hence withdrawal of support to an oppressive and corrupt authority.
Twenty two years ago, in January 1985, Alcaraz published “an open letter to the men of the armed forces,” urging all cavaliers to “exert pressure on your superiors…to make sure they are guided by all times by professionalism and the honor system as taught in the old Philippine Military Academy.” The military, as history will show, has always weathered corruption and reconstructed itself.
Juggernaut.
Agree. As you say, “The military, as history will show, has always weathered corruption and reconstructed itself.”
Btw, sent you the promised name of person and his e-mail addy already.
Thanks too Ellen!
Its times like these that we feel proud of our media, the press people, although endlessly maligned, have kept their stand as the voice of truth and justice to those who are deprived. Making them a truly indispensable element of a democratic society.
Thanks ADB, goodnight…
Ellen,
Just some input: Commo Divinagracia was not one of the most appreciated officers of his time particularly towards the end of his career. He was so sure that he was going to be the next FOIC (I suspect because his classmate was CSAFP as well as expected successor was also from his class) that he challenged his own FOIC’s decisions under whom he was CNS (chief naval staff) virtually all the time.
Even his own classmate, Boy Abadia was disappointed in him on account of one navy project by Australian proponents; he decided to “sponsor” through thick and thin despite decision by navy command to forego the Aussie project, that when it went up at higher hqs, the enmity between FOIC & his CNS was already so well known in the military hierarchy to the extent that Boy Abadia was forced to make a personal stand during an AFP weapons board that was speially chaired for the purpose by CSAFP Chief Abadia at the time.
At end of the closed door deliberation and meeting recommending for the disapproval of the Aussie project in favour of another, Abadia said (almost verbatim), “This now shall be official command decision. Those who are not in favour of it, speak out now. After you leave the four walls of this room, I don’t expect you to challenge command decision anymore. If you challenge this decision outside of this room from here on, I will take prompt action.”
But Davinagracia chose to disobey and even challenged his own FOIC at every turn after that day. (Btw, the Aussie defence naval shipyard that was selling their project to RP promptly folded a few months after AFP decision and was picked up for a song by another Aussie company — it seemed the company needed the Phil navy contract desperately to stay afloat.)
Divinagracia was passed off ultimately for FOIC position and his lowerclass Pio Carranza Class 63 was promoted instead because of suspicions of corruption.
This to me looks like asspweron is in a hurry to arraign the officers. With the encouraging oral hearing of Col Querubin on the 8th, the decision of which may come in less that 30 days, what would a favourable decision by the court of appeals do to a hastily enpanelled military court? Will the court of appeals’ favourable decision prevail over the hastily installed military court? If the officers and their lawyers refuse to participate in this Kangaroo court, will they be charged anew? This military court sounds like a sham asspweron kangaroo court! At this point in time, can asspweron simply sign the PTA so the officers will be oficially charged?
You’re welcome Juggernaut. Nite nite!
Those accused have the right to walk out from the sham military proceedings. So-called “military justice” is just a copycat of the justice system now operative in the country under an equally sham leader.
One should not expect anything good to come out of a system whose core is rotten, despicable and corrupt. Such a system is absolutely infectious – it contaminates the better part and eats it up.
Since day one, Gloria’s bogus regime has shown all the bad side of governance. By its character, it can never redeem any value or quality that will make Filipinos at home or in exile proud of their country. The HK based risk consultancy group has just confirmed this by its revealing announcement on GMA’s government is, “the Philippines is now the “MOST CORRUPT” country in Asia.”
Filipino pride can only be restored by removing the source of all evil. I concur with the Black and White movement –
Patalsikin na, now na!
Sobra na ang panggagago sa masang Pilipino!
Why can’t esperon sign his own pta, looks like he is afraid of his own shadow.
Twice now that Asspweron tried to start the trial without signing the PTA. I think they should declare it a mistrial if for the third time this alleged coup officers show up in court without that cheat-of-Staff’s signature. He’s just mocking the damn kangaroo court.
Of course! It’s a sham proceedings.These courts-martial seem unlikely to placate the brave soldiers. Instead, they are likely to be another source of mistrust and a reminder of the humiliation,abuse and death that soldiers faced at the hands of Esperon’s notorious act as Gloria’s most brutal torture and executioner general.The lack of judicial faith in the proceedings stems from a general distrust because of the proceedings unfulfilled.It’s a fake trial,to make the ugly face of Esperon look pogi to his master. The supot general should not decide whether these soldiers are guilty until the soldiers has presented all evidence in defense.If it concludes that the soldiers are guilty beyond a reasonable doubt,he should consider the soldier’s evidence in extenuation and mitigation,and then decide what punishment is appropriate.
The flight of these soldiers have no uncertainty because Esperon’s heart is so adamant,he is using all his power to confine,restrict or condition the liberty of the accused soldier, confinement deprives soldiers of liberty during the period when they are presumed innocent,and confinement also may make it difficult for soldiers to prepare their defense. That is the rule of Esperon on Punjabi prison.
Unlike civilian proceedings,military proceedings have no provision for release on bail.He has all the rights to confine an accused soldier only when it appears necessary to insure the accused’s presence at trial or to prevent foreseeable serious misconduct,and when lesser forms of pretrial restraint are inadequate.He is not required to try lesser forms of restraint before using pretrial confinement if he has good reason to believe that lesser forms of restraint will be futile.These soldiers are all agonizing pain and despair compared to Japs Garrison,on nutrition of only bread and water.Wait! Don’t piss Esperon, he might give a pick and shovel to these soldiers to do some rigid arm muscle exercise under the scourging heat of the sun.
ellen,
after the incident yesterday, bacarro,mrs. querubin were interviewed. after a few minutes, mr. esperon was interviewed? i was not able to hear that interview but someone said mr esperon made a comment ala santa claus….”better watch out, boys???” how true????
what does he mean???mas pahihirapan sila??? o pamilya ng mga ito????
Curious lang po mr. esperon….please be man enough to tell the truth.
keisha 10;
We are talking pure evil that is running our military is just a bunch of sheep-le bleating out the mantras they’ve been so well programmed to bleat. Esperon brutal rules that so negatively impact these soldiers lives.
All who hate Esperon for what and who he really is, struggling against that tide of vomit that threatens to erupt from the very core of our beings every time atrocity is committed by this hyenas running the show,have become increasingly more frustrated and disgusted,but maybe even more by the lame airheads supporting this Gestapos in every fresh atrocity as they apparently will until the bitter end.
Who are prominent mistahs of Col. Querubin?
Juggernaut, allow me to answer your question: I can give you the e-mail of the person in Manila who is a friend of mine and who is one of the good people behind Gawad Kalinga by asking Ellen to transmit your e-mail to me, I can do it..
>>can i also have the email of gawad kalinga?
Question: where do these military men get financial support since they have been released from service?
Does anyone know how i can be in touch with the querubins?
gloria arroyo is an honorary mistah of general lim. i think the officers in active service (especially those in mindanao) have reached a boiling point already. the marines, for instance, are losing their officers already. several upright and decent and competent officers have opted to retire. the troops are tired of fighting, theyve lost all hope and inspiration.
you watch out esperon, you might end up a roasted cow for christmas. push people to the wall, and like any animal, they would ferociously fight back. sige esperon, push them even more and dig your own grave you silly dog! no, not dog. as a member of your staff would put it, your not just a dog. your a ‘tuta’! shame on you, you moron. the junior officers will not sit idly while their comrades and the legends of their corps are harassed by some good-for-nothing, prestige hungry idiot and pretentious battle officer. que barbaridad esperon, que barbaridad!
a donde vas el militar de filipinas? a donde vas los officiales que tiene dignidad y prinsipyo? pero no mas pierder fe. all evil will fall, el diablo esperon no puedo esta na puesto hasta para fin de todo! you will fall you demon, and you will fall hard.
I’m glad to hear that the group of BGen. Lim is now showing bravado that they should have shown from day one of their mock trial. 3 cheers to you brave soldiers!
It sure is great to know that the Philippine military still have soldiers who can definitely fight for their country regardless of whether or not they can inspire the ordinary Filipino to fight this government run like hell by a criminal and her minions.
I want to be proud of that land of my birth, but right now, the fight must go on so that dream can be fulfilled.
yo no hablo en español, pero intiendes un poco.. walking out of a COURT hearing is a big start in building the Last Castle!! they should do that more often..
and encourage the 4th estate to monitor more the the plight of the FEW GOOD MEN we have..go on hunger strike if you must to deliver the message of disgust to the politico-military clicque of the Mole of Asia!!
Maybe some are right that she is the prized possession of the dubya admin..thus she remains untouchable even she is the most corrupt administraitor of the history in phil. politics..
Keisha10, did esperon say that? I’ll check.
Wala ba kayong napapansin sa mga pictures? Dehins yata naba-bagay ang suot ni Chavez na Amerikana sa venue ng hearing. Ganyan na ba kahirap ang kasundaluhan? O ang pundo ay napupunta na lang kay Esperon?
Asspweron is the one that better watch out. All he has is the the stars on his shoulders to hold-on to. Without that, he’s just a piece of crap on the road we accidentally step-on.
azcarraga_times;
re; a donde vas el militar de filipinas? a donde vas los officiales que tiene dignidad y prinsipyo? pero no mas pierder fe. all evil will fall, el diablo esperon no puedo esta na puesto hasta para fin de todo!
El idiota e imbecil con pequena cabeza Esperon puso a todos los soldados valientes en la carcel.
Como es usted mi amigo? Agradable hablando con usted,yo espero que podamos continuar hablar mas a menudo.Hace que usted comer? burritos y el pollo loco frito, el pollo loco con baboy adobo.Hagale quiere beber? margarita,tequila y San Miguel Genebra? Yo viven aqui en California.Que tal usted?
Ariba La Raza,Zapanta!El pozo negro estallo en Gloritea como bomba atomica en Hiroshima.Dela pot-pot,Dela bomba,Dela Pinya.Hehehehe! Joking joking lang Paisano.
Gloria’s Parallel Universe
* On Hunger: “Kasi iyun naman ang question ng hunger, do you miss one meal during the last three months? Pati naman ako, I’ve missed one meal in the last three months,” Gloria Arroyo said in an interview after a roundtable discussion on education and social services.
* On Human Rights:”The Philippines is the most democratic country in the region. We have championed that human rights be included in our ASEAN charter. We have no tolerance for human rights violations of any kind.”
* On Extra-judicial Killings:”We deplore any and all killings of political activist and journalist. I have met personally with the journalism community and the same with the human rights activist, we share their outrage.”
* On the Philippine Justice System: “We live by the rule of law. We abide by what the courts of the land decide. We must be a government that honors contracts and agreements that go through the required processes despite media attacks. And we must be a government that abides by what the courts of the land decide on matters of dispute.”
* On Electoral Reforms:” We can disagree on political goals but never on the conduct of democratic elections. I ask Congress to fund poll watchdogs. And to enact a stronger law against election- related violence”.
* On the Economy:”We have reached a new level of maturity and stability with some of the strongest macroeconomic fundamentals in 20 years. And I’m glad to see the rate of poverty is down, the rate of poverty is down, general poverty as well as what we have seen, extreme poverty. “
Etnad, a coat and tie is a usual attire for lawyers. Many of those lawyers, like Frank Chavez, have flourishing law practice.
Usually, in one day, they have other cases to attend to.
You have to admire those lawyers because many of them are giving their services pro-bono or at special friendship rates.
I know Atty Chavez even donated 15 electric fans for the use of the detainees in their detention quarters.
Statement of Atty. Trixie Angeles:
This is to clarify the news items that indicated that both Atty. Gilbert Gallos and myself remained inside the court room after other lawyers and the accused walked out of the proceedings.
As lawyer for Cpt. Ruben Guinolbay and having entered my special appearance as counsel for Cpt. Allan Aurino, I stayed behind after Attys. Frank Chavez, Vicente Verdadero, Alex Avisado, Dante Xenon Atienza, Jayjay Mendoza, Ian Pangalangan and others walked out.
Together with Atty. Gilbert Gallos, I argued for a suspension of the proceedings because by the court martial panel’s own admission, the Pre-Trial Advice, to be part of an effective notice to the accused, must be signed by the convening authority, Gen. Esperon.
This is evidenced by their directive to the Trial Judge Advocate (the prosecution) to secure written orders on the request made to the Chief of Staff for a signed copy of the PTA.
We also asked for a suspension of the proceedings because the other officers were not represented by counsel and could not exercise their rights to peremptory challenge without their lawyers.
When the court martial panel denied this and even insisted that we represent the other accused, Atty. Gallos and I had no other recourse but to remove ourselves from the proceedings that we would inadvertently legitimize by our presence.
What was most particularly problematic for myself was the continued refusal of the court martial panel to justify their decision to continue the peremptory challenges despite their own decision recognizing the need for a signed PTA. They refused by saying simply that they do not have to explain their decision.
Thus, I would like to correct the impression that any of the lawyers were left behind. Atty. Gallos and I walked out after the denial of our motions, and the accused followed thereafter.
Thank you.
In the picture above, Atty. Angeles is the one in black. partly hidden.
Ellen,
Does it look like Esperon is just “riding along” the rationalization 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 (like signing the PTA) 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.
I will be saying goodbye to the Philippines soon again but I’m glad to have witnessed the exceptional courage and selfnessness you and the lawyers here have shown, inspite of all the images of despair all around us, its people like you that keep alive the pride of being a Filipino…
What more can Esperon do to the detained officers? Detain them some more?
If he meant that he will convict them, the officers know that as long as he is chief of staff they won’t get justice from the military court.
Juggernaut, if asspweron would be withdrawing support from you know who, I wonder if he really has the command over his officers. I am 100% sure that most of his officers are anxiously awaiting his retirement. As is good riddance! He is a disgrace to the AFP!
As to the PTA, no wonder this document took almost eight months to be issued out. Hearing after hearing, the counsels were demanding for a copy of the PTA. He slipped one day and finally let go of the report. The PTA, per the counsel of Col Querubin is like a charge sheet. It has to be read and acknowledged. Without the signature it is not an authenticated document.
Finally, all the lawyers and officers walked out from the sham court trial in Tanay! Sana noon pa. More power to our “men of honor”!
There is a big possibility that asspweron purposely omitted his signature on the PTA because he knew the truth on what really happened then. He knew that this PTA was just a made up report to threaten the “accused” officers and justify their incarceration. Probably there was no mutiny etc…just disconted officers who wanted to be heard on the complete disregard of a few AFP top brass who used the force in rigging the 2004 elections to install an illegitimate president. But obviously it will boomerang on him. Imagine the pain and sacrifice of these men and their families for one and a half long years. If indeed he incarcerated them wrongly, he is in big trouble!
Correction: just discontented officers.
Fortunately, we have one real person here who came from the PMA and who could provide us with first hand info on what they really taught our PMA bred officers in active duty like Esperon and cohorts who are trying to bamboozle the public with their own brand of ‘militarying’.
Thanks again Juggernaut for being with us!
i am really behind here. sorry but i have’nt noticed that we have a pma grad among us and a juggernaut at that. i wonder if you are still in active duty. it seems to me ellen’s has all the ingredients to cook whatever it may please us. i am really very thankful i came across this blog.
thanks ellen for keeping track of the court martial proceedings.
esperon’s fate will be the same as gloria’s.
JUGG:your presence in this blog is highly appreciated.pls.give us your perspective on current developments.
MLQ and RM are the best Philippine Presidents so far.
In your opinion, who is the worst ever Philippine President?
if interested,pls vote in my blog.
I’m sure you all already read the disturbing news about Marianette Amper. If you can weep for Rene, I hope you’ll find the time to weep for this little.
“AN 11-year-old girl hanged herself in a Philippines shanty after leaving a letter and diary depicting a life in rampant poverty, newspapers reported today.
The case put a human face to poverty blighting the nation, where nearly 14 per cent of the 87 million population live on less than a dollar a day even as the Government says the economy is on a roll….”
If this young innocent hopeless child found the courage to hanged herself because of poverty or the lack of P100 peso. I hope, very soon, bogus illegitimate Gloria Macapagal Arroyo will also come to realize that she should also hang herself for the crimes against the Pilipinos.
When the peso is improving but a 12-year old girl commits suicide after losing hope—something is terribly,terribly WRONG!
As for the talking point: I’ve my reservation about the accused walking out of the court martial proceeding. Two wrongs doesn’t make it right! I believe the accused and the defense lawyers should’ve argued the sham, if it’s a sham, in court. This behavior is now becoming the acceptable standard in the court of law in the Philippines, anybody can just lie, make any kind of excuses or walkout anytime they feel like it. And, no one is accoutable. What a way to get justice!
Apparently, there is a breakdown of military discipline. But don’t blame the accused. They are just reacting to the perversion of military justice.
What they did is a protest against the perversion of military justice. They are demanding that the Constitution and the rule of law be observed and upheld in this trial.
Direct the blame to the one who made the trampling of the law the rule rather than the exception.
On the Philippine Justice System:”We live by the rule of law. We abide by what the courts of the land decide.”GMA
Pardon Erap after 6 weeks from conviction on PLUNDER.
Juggernaut, thanks. I’m honored by your visit.
In this globally connected age, we are just a click away. Drop by anytime.
Re your questiona bout Esperon’s reason for not signing the PTA, I tend to believe it’s his way of protecting himself from the retributions that would later on be exacted when Gloria falls.
I believe Esperon knows there is no chance that the reform-minded officers would patch up things with him. The enmity is too deep.
“We live by the rule of law. We abide by what the courts of the land decide.”GMA
Ha!Ha! ha! That’s really funny, EQ
On the Economy:”We have reached a new level of maturity and stability with some of the strongest macroeconomic fundamentals in 20 years. And I’m glad to see the rate of poverty is down, the rate of poverty is down, general poverty as well as what we have seen, extreme poverty. ”GMA
Does she eat “pagpag”(recycled garbage food)?
On Electoral Reforms:” We can disagree on political goals but never on the conduct of democratic elections. I ask Congress to fund poll watchdogs. And to enact a stronger law against election-related violence”GMA.
Where is LINTANG BEDOL?
On Extra-judicial Killings:”We deplore any and all killings of political activist and journalist. I have met personally with the journalism community and the same with the human rights activist, we share their outrage.GMA”
Where is Jonas Burgos?
This trial has reached a dead-end. Only two choices, to turn back or to breach the roadblock. Which way will it go?
Certainly, not I blaming the accused. I’d like to think the military are much better than illegitimate Gloria and her dogs. But, for walking out in the court of law, they’re no different. They just wants to be ” Tigas Titi”, as in our kalsada lengo, that they can be as stubborn as Gloria and her dogs. Personal opinion, which is why Pilipinos are not going to change for the better. Our behavior need to change and somebody need to take the high road. And, if the military is not going to set the good example, who else in the Philippines? Of course, not illegitimate Gloria. It’s just that I’ve high hope on our military. I was wrong.
Tongue, that’s what I fear.
tongue, breach the road block with the filipino people in full force
Ellen,
Re: “I believe Esperon knows there is no chance that the reform-minded officers would patch up things with him. The enmity is too deep.”
I think you are very right. It is really mindboggling that he should continue to go in the opposite direction when his own investigators said there’s no sufficient evidence to warrant the charging of the officers as their PTIR showed.
Esperon is caught between the devil and the deep blue sea of his own making. I hope he shits in his frock!
Toney Cuevas, what “court of law” are you talking about? Such a thing does not exist in asspweron’s court martial. If these principled accused officers know they will have a fair trial, they would have submitted themselves to the process. They did for sometime, submit themselves to the sham court. But what did asspweron do? He purposely delayed the release of the PTA, for 8 months! Just for your information, there was a pre trial investigation(PTI) finding the accused not guilty of mutiny and the heavier charges and only a few of them to be charged with the lesser offenses such as conduct unbecoming of an officer. But what did asspweron do? He overturned the PTI and came up with the PTA which overturned the PTI and added in this investigation the mutiny charges and other heavier charges. This PTA is what this sham kangaroo court is hanging on. The accused are questioning the legality of this PTA because asspweron did not sign it.
Ellen, I can just imagine if you did not get a copy of the PTI report the first time! The accused would have been hanged long time ago. Thank God the investigation report was leaked and it found its way to a responsible journalist like you. You are heaven sent to these accused!
Toney Cuevas, I was in one of these court martial proceedings and frankly, If I were one of the “accused”, I would have walked out of that court from day one. There were no documents presented, hearings were cancelled without ample notice thus the lawyers of the accused sometimes missed the hearings because of prior appointments, substitution of the military panel without due notice, correspondences were not routed on time and sometimes pertinent documents were considered “confidential” by the military and copies were not furnished to the accused but would be the basis of the day’s arguments, the military panel would quote a case without the full knowledge of what the case was all about. Thank God, one of the civilian lawyer knew what the quoted case was all about! The case had no relevance to the case of the accused. What an embarassment to the military panel!If this is the kind of court who will try these elite officers, they will never get a fair trial. Early on asspweron already made pronouncements that these officers are guilty! Asspweron ordered the court martial and he will make the final decision as to the guilt of the officers. Thank God again that the proceedings went slow because the lawyers of the accused were fierce in defending the accused. These are brilliant lawyers, the best in their fields!
Toney Cuevas,
I agree with you re due respect to the “court of law” and these offciers should not have “walked out” of the proceedings. In retrospect, they have observed this “respect” but please understand these are also human beings, there is a limit to their patience and capacity to absorb humiliation.
Without the civilian support (lawyers and press) they would have suffered in silence and will continue to subject themselves to millitary justice and the chain of command and rot in incarceration. One of my initial fears at the time of their arrests was even the possiblity of “mysterious suicides” that has claimed lives of officers who refused to compromise in the past.
Respect begets respect.
The accused since they were incarcerated last year followed the rules. But what is happening now is what you call the grave abuse of power or grave abuse of discretion on the part of Mister Esperon. He controls the members of the panel like what a dog handler does to the dog… If he says SIT! then the members of the panel will sit.
Who do you think who is in his right mind can still swallow the unjust, illegal way they are trying the 28 officers in Tanay?
Toney Cuevas, I sugest that you attend the next court martial hearing so you will know first hand how the officers are being treated.
To everyone who has the time to spare, please go and visit the prisoners in Tanay. Visitors are allowed to enter from 9am to 5pm. Relatives upto the 2nd degree of consanguinity and affinity can visit. Just inform the guards how you are related to any one of the prisoners. If you need the list of the prisoners, I would gladly furnish you a copy.
But i think it would be best if you can attend the court martial hearing. Very interesting. Very disappointing. You would want to throw stones…
Juggernaut, I hope you can find time to visit your fellow PMAers in Camp Capinpin, Tanay while you are still in the country… 23 out of the 28 officers in prison are from PMA Class 1974, 1978, 1979, 1982, 1987, 1989, 1991, 1994, 1995, 1997, 1999, 2000.
Some mistahs have cut thier ties with the their prisoner mistah… maybe afraid that if they will be identified with the prisoners they will not be promoted or will be relieved from their present post.
But the more principled ones, take the risk and visit.
Gawad Kalinga is a project of the Couples for Christ, right?
Col Querubin and his wife are members of the Couples for Christ (CFC) and Brotherhood for Christian Businessmen and Professionals (BCBP)
We hope that Gawad Kalinga will help the enlisted personnel of the Army Scout Rangers who were discharged from the service last month. Some have new born babies. Many have little children who still drink milk formula. Others have children who go to school.
Just imagine in the middle of the school year, the father of a child loses his job for doing nothing.
Next month will be December and soon its Christmas… it must be very very sad for these rangers and their families.
The officers in Tanay are very grateful for the presence of Ellen during the hearings.
If not for Ellen and another lady writer, Charmaine Deogracias of NHK TV,no one from the media would have witnessed the sham proceedings.the walkout, and the oath taking.
An officer of the Army brought the media out for lunch and brought them back around three pm already when everything was over. We suspect that it was part of their ploy to stop media from covering the proceedings…
We have to commend MAJOR BASILIO POOTEN,the military defense lawyer from the Philippine Marines for standing up for his principles and the rule of law…
Indeed Army Ranger! “We have to commend MAJOR BASILIO POOTEN,the military defense lawyer from the Philippine Marines for standing up for his principles and the rule of law…”
major pooten, i salute you too! sana, marami pang susunod sa iyo na manindigan din sa kung anong tama.
army ranger,
Thanks for the info, I will be in Davao this week but I will try to drop by this Saturday. I will also be meeting some mistahs there socially, mostly in the private sector already ’89 and some class ’90 and probably meet up if allowed, with the class valedictorian.
army ranger:
Thanks to your suggestion for me to attend the next court martial meeting. For your generalize interest, I’ve no desire to participate nor would want to witness those military personnel making a mockery of the establishment of the law. The reason Philippines in such a mess is because of the military playing politic. A prime example of military blunder was the ascension to power of the illegitimate bogus Gloria Macapagal Arroyo. The sooner the military will stay out of politic, including those corrupt generals protecting bogus Gloria, the Philippines will be better of. If only those accused should’ve stayed out of politic, they won’t be in this predicament now.
Let the “One Million Civilian Pilipinos” take care of bogus Gloria, if they want their country back from that crook.
Toney just so you know, si asspweron at ng kanyang mga “garci generals” and nagumpisa ng lahat ng ito. Ginamit nila ang mga sundalo para manalo ang tiyanak. In disgust, these offiers(General Lim and Col Querubin) approached the then Cheat of Staff Senga to do something about the “pangbababoy” sa AFP but si asspweron na may ambisyong maging “cheat of stuff” pumasok ngayon at ginamit niya yung sitwasyon para makuha niya yung posisyon at para mapagtakpan niya ang ginawa nilang pangdadaya sa eleksiyon. Gets mo?
Furthermore, it’s not the military’s function of who should occupy Malacanang, at least it’s not spell out in the constitution of the Philippines. If the military really wants to help the Philippines, maybe they should put their expertise and military training on putting away Abu Sayyaf for good and make that part of the country safe. Just stay out of politic!
Si tiyanak naman, gusto niyang hulihin at ikulong ang mga kaaway niya sa politika so she took advantage of the situation too para ideklara niya yung kanyang 1017(martial law like decree). Ginawa niyang rason ang alignment kuno ng mga sundalong ito sa mga makakaliwa (communist). There was no truth to this but ito ang ipinalabas nilang istorya. So, in other words, these soldiers have to be incarcerated talaga because they know the whole electoral cheating ng illegitimate na presidente! Asspweron know who the real cheats are and he is one of them! Kaya ganyan na lang ang higpit niya sa mga sundalong nakakulong. These incarcerated officers are the best some of the best carreer officers in the AFP. Hindi marunong makipolitika dahil palagi silang nasa digmaan. Two of them are recipients of the medal of valor. Halos lahat ng nakakakuha ng medal na ito ay namamatay sa pagtatanggol ng bansa. There are only about thirteen medal of valor awardees(ewan ko kung kasama dito yung pinaboran ni tiyanak na isa)alive today. Mahigpit ang proseso ng pagpili dito, para kang dumadaan sa butas ng karayom. So these incarcerated officers were used as the pawns of these ambitious vultures! I hope you get the picture now!
parasabayan;
Which is the very my point of my argument, such as the like of Angelo Reyes, Fidel Ramos, Honasan, Assperon, et al.
In my opinion, those militaries in power are using their position for their own benefit, to get rich and not to help the people of the Philippines. Instead of protecting the country, yet they become problematic.
Question must be asked. Who can you trust in the military, especially when everything in the Philippines can be had for a brown bag of money? Moreover, who’s responsible to the many extra-judicial killings of the activists and journalists? I pressume, we can make an intelligent guess.
Precisely the point! These incarcerated officers are trying to prevent the demoralization of their men. They are not the same breed as asspweron, angie reyes and honasan (although at one point in time they may have been allied with honasan). If you are mad at the above characters(aspweron etc…), you should understand these incarcerated officers. They do not like the corruption of the military and this is what they are fighting for!
parasabayan and tony cuevas,
If you haven’t read this book yet, please do, it documents the beginnings of the extrajudicial killings and even political prisoners, even traces the roots or cause of military politisation.
http://www.amazon.com/Closer-Than-Brothers-Philippine-Military/dp/0300077653
Ok Juggernaut. Thanks…