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Prosecution agrees to review charges vs Miranda et al

From Malaya:

by Victor Reyes

The prosecution on Thursday agreed to review the charges against 28 Marine and Army officers who are facing trial for the alleged attempt to grab power in February 2006 based on the “special plea” of former Marine commandant Maj. Gen. Renato Miranda, alleged plot leader.

At Miranda’s arraignment yesterday, military defense counsel Lt. Col. Basilio Pooten moved for the withdrawal of the charges (noli proseque), citing lack of evidence against the accused, after Miranda was asked for his special plea.

Miranda had not entered any plea after the charges were read against him since this is not part of the arraignment process under the military justice system.

“We manifest for the urgent declaration of noli proseque for the officers. The government will not only save time and effort but also save the careers of these talented officers,” said Pooten.

Civilian defense counsel Vicente Verdadero added that the charges were a product of observations and not of facts.

Chief prosecutor Lt. Col. Jose Feliciano Loi told the court that they need at least one week to restudy the charges and documents against the officers who are facing several offenses under the Articles of War, including mutiny. If there is basis, he said they will recommend to the AFP chief – the court’s convening authority – the declaration of a noli proseque.

A pre-trial investigation had earlier dismissed the mutiny charges against the accused but the staff judge advocate of AFP chief Gen. Hermogenes Esperon reversed the findings. This paved the way for Esperon to convene the court martial against the accused.

Off court, civilian defense counsel Trixie Angeles said withdrawal of the charges is a big step. “The fact that they have agreed to review the records and see if there is a possibility for noli proseque is a step in the right direction,” she said.

Court spokesman Capt. Edgardo Abad said the prosecution agreed to the review to show good faith. “Our goal is to seek the truth so if there is a chance for us to revisit the records, why not? We will revisit the records, a sign of good faith, determine if there is indeed evidence or none,” Abad said.

In yesterday’s proceedings, the prosecution administered the oath to two new members of the court, Maj. Gen. Gilbert Llanto, who replaced Maj. Gen. Alfredo Ubengen who had reached the mandatory retirement age of 56; and Brig. Gen. Gilbert Abanto who replaced Maj. Gen. Rolando Capacia who resigned due to “personal issues.”

Court president, Maj. Gen. Jogy Leo Fojas set the next hearing on April 18. – Victor Reyes

Published inFeb '06MalayaMilitary

17 Comments

  1. parasabayan parasabayan

    This indeed is a step to the right direction. But Ellen, I do not trust asspweron! Do you think asspweron will be merciful to these men? Baka pa kay Yano maniniwala ako because I have not heard bad things about him, just his parroting asspweron on the Mayuga report. Bad enough but I will reserve my assessment of him on this later. He could just be playing the game of the generals.

    I am praying to the Holy Spirit that he would touch the soul of asspweron and make him a Barabas who knew how to ask for forgiveness somehow and repent at the last minute. Siguro nga kung meron pang naiiwang kahihiyan sa sarili niya na alam niyang aminin na siya ang nagpalala ng “coup” kuno na ito. These men may have thought of joining the demonstration but Senga prevailed on them. Wala ni isang sundalo ang nagmartsa sa kalye. Besides, if Senga was ever propositioned at all, bakit pinauwi pa niya si Gen Lim at Col Querubin. Senga was able to put the situation under control.

    If asspweron was man enough and a good leader, he should have listened to these officers and pacified them and listened to them like a father. But he was so gungho in putting them away! Asspweron already convicted them outright! He already made pronouncements that they will be convicted and put away! Is this a true leader or he was just “impressing” someone to get his Cheat of Staff position?

  2. parasabayan parasabayan

    Asspweron can still redeem himself. Let us see if these incarcerated officers will forgive him. These men went through a LOT! While asspweron was fattening his pocketbook, these incarcerated officers are sweating it out in their bartolina cells. These battle tested officers who are so upright are jailed and the anomalous generals are out enjoying themselves.

  3. Mrivera Mrivera

    psb,

    moro moro ang nangyari at ginawa ni es-PWE-ron bukod pa sa talagang gigil siya sa mga nakakulong na magigiting na opisyal.

    walang paggalang at pakundangan kahit sa kanyang ka-mistah na alam niyang diretso at hindi katulad niyang namamalimos ng awa para lamang mapapuwesto.

    para sa kanya (es-PWE-ron) ay balakid sa kanyang landas at mga binabalak kung nasa laya ang kanyang mga pinakulong sapagkat batis niyang parang iisang tao ang mga ito na haharang sa kanyang mga panlilinlang sa taong bayan at mabubulgar nang lubusan ang mga anomalya partikular na ‘yung naging partisipasyon niya sa dayaan noong 2004 election.

  4. chi chi

    I’ll never trust GloriaAsspweron, not in this lifetime or in the nexts or in the afterlife!!!

    The kangaroo court panel is showing a bit of ‘softness’ as ordered by the bitch commander-in-thief because she would like to be remembered as a compassionate commander, albeit fake aside from the fact that there are no merits to the charges against the incarcerated courageous men and women of AFP .2010 is just around the corner, although for the poors and the Men of Honor and families, the date equals eternity. Like it or not, the bitch is preparing and leaving no stone unturned for her ‘graceful’ exit.

    The bitch is politically dead that even her tongressmen and Pidal gang can’t resuscitate her. She’s using her military to show her fake ‘softening’ side for her own propaganda benefits. This current play will not wash, people already realized GloriaAsspweron’s true stripes a long time ago.

    I wish and pray for the victory of the Men of Honor against the moro-moro charges inflicted upon them…the real and true victory.

  5. What a mockery of justice! Nababoy na ng husto ang hustisya sa Pilipinas despite the abundance of supposedly brilliant lawyers. Taragis iyong boba nasusunod na parang walang alam sa batas, or better still, hindi naiintindihan ang batas kaya gumagawa siya ng sarili niyang batas. Bakit nakakalusot iyan?

  6. nasira na ang moral ng mga pimoy. lalo na yung mga nasa gobyerno. kung ano ang puno, siya ang bunga. sana yung mga empleyado ng gobyerno, wag nilang ipakain sa anak nila yung galing sa masama. dahil ang mga anak nila at natin ang magmamana ng pilipinas. puro basura na ang laguna de bay. sabi ko sa mga anak ko, kahit ano mangyari, paguwi ninyo sa pinas, ayusin ninyo ang bayan natin, tulong tulong kayong mga kabataan. kayo ang pagasa ng bayan. iyan lang maipapamamana ko sa inyo, ang magkaroon ng sariling bayan. alam nila kung gaano kahirap ang laban natin ngayon.

    mga kaibigan, lahat ng bagay ay may katapusan. tatanda rin yang mga iyan. hagupit ng langit, di naman sila imortal, mga anak at apo natin ang makakasama ng mga anak at apo ng mga nakaupo ngayon. Diyos lang ang nakakaalam sa mangyayari. this is our destiny. be thankful.

  7. Off topic, but a severed part of a body believed to be of a missing Filipino bar hostess, 20, who was reported missing since April 3, was found in a condo in Tokyo.

    Police believe that she and her companions were working in Japan illegally, and were being strictly controlled by the man, the suspect, hired to keep tab on them.

    Japan in fact has banned the deployment of Filipino Japayuki to Japan since 2006, but the bugaw apparently has continued to send them by what means the police are also now investigating on. Matigas talaga ang ulo ng hinayupak!

    We’re informed that the idiot is hoping against hope that Japan will grant her request for the ban to be lifted in a year or two in addition to the caregivers she forces Japan to accept even when they cannot qualify due to the language and other barriers.

    The dorobo must be thinking that with their permits set for longer stay, they may just as well try to work in bars and clubs should they find the job of caring for non-English speaking Japanese hard and difficult. In short, labas mga wannabe prosties pa din.

    However, what we see now is something like an epidemic. Filipino women are now the target of some perversion, etc. by some Japanese psychos as in the case of the woman I am visiting now. She was torched by her live-in partner, a member of a Yakuza gang, and sustained first degree burns from head to knees. She was in coma for 3 months but she just has that tremendous will to live that she is still alive.

    Another was killed by her husband with her baby just two weeks ago in what was supposed to be a family suicide, and now this case of the 20-year-old Japayuki.

    I understand there are other cases where Filipinos are either the victims or perpetrators of heinous crimes not just in Japan but also in other countries in Asia, Europe, US and the Middle East. Kawawang mga nilalang!

  8. andres andres

    Mabuhay ang mga magigiting na Kawal Pilipinong may paninindigan!
    To Gen. Miranda, Gen. Lim, Col. Querubin, Sen. Trillanes, et al..
    We are with you in your fight against the corrupt regime of GMA and her conspirator-generals. They will have their day in the people’s court!
    Tuloy ang laban!

  9. patria adorada patria adorada

    Mabuhay ang tunay na mga sundalo ng ating inang bayan!Palayain sila!!

  10. purple1982 purple1982

    it really is a BIG step considering that when the panel first convened, the only word they knew was DENIED.

  11. parasabayan parasabayan

    Asspweron realizes that his kangaroo court will not hold up once he is no longer the CS. Mabibisto siya na kaso-kasohan lang ang kaso ng mga Tanay Boys. Lahat ng mga coerced na statements ng “witness” kuno ay mababago dahil ang katotohanan ay lalabas din. Kapag nawala na si asspweron sa AFP, hindi na takot ang mga sundalong kakuntsaba niya para idiin ang mga Tanay boys. The truth will hopefully come out. Siguro si John “Rat” lang ang solidong witness ni asspweron dahil they are one and the same.

    Kaya siguro yung panawagan ni Gen Miranda ay ipinagdasal ni asspweron dahil yun lang ang paraan na maabsuwelto niya ang mga ikinulong niya ng walang tutuong mabigat na kasalanan.

    Let us see how the asspweron and the evil bitch will put a spin on this. Siguro sasabihin ni evil bitch na in the spirit of peace and unity kaya sila pakakawalan. Ang totoo niyan wala namang “coup” talaga.

  12. Ellen, how does the reported back-channeling of Esperon with the incarcerated officers play into this?

  13. Mrivera Mrivera

    juanito dela cruz II Says: “…….di naman sila imortal.”

    talaga naman!

    sila’y mga IMORAL!

  14. Mrivera Mrivera

    ang tanging kasalanan ng mga nakakulong na opisyal ay nagkaroon sila ng mukhang maaaring pagkatiwalaan ng taong bayan at dangal na hindi maaaring pasubalian sapagkat hindi nabahiran ng kahit gurlis ng katiwalian. idagdag pa rito ang kagitingang kanilang ipinamalas sa buong panahon ng kanilang panunungkulan sa dating marangal at may dangal na sandatahang lakas ng noo’y tinitingalang republika ng pilipinas.

    ‘yan ang wala si es-PWE-ron!

    wHat es-Pwe-ron has is a face even his mother would not love to see!

  15. bitchevil bitchevil

    Bad News!

    MANILA, Philippines – Two of the nine junior officers were sentenced to reclusion perpetua or life imprisonment Tuesday by a local court after they were found guilty of staging a failed mutiny close to five years ago against the Arroyo administration.

    Judge Oscar Pimentel of the Makati regional trial court handed down the life term to Captains Nilo Mastrecampo and Gerardi Gambala for leading at least 300 troops that seized the posh Oakwood Apartments in Makati on July 27, 2003.

    They had demanded the resignation of President Gloria Macapagal-Arroyo and defense and military leaders over allegations of corruption.

    Meanwhile, Captains Albert Baloloy, John Andres and Alvin Ebreo, and Lieutenants Lawrence Luis Somera, Florentino Somera, Christopher Brian Yasay and Cleo Dongga-As were sentenced from 6 to 12 years imprisonment.

    Senator Antonio Trillanes IV and several other c-accused who have claimed innocence will continue their defense.

  16. happy gilmore happy gilmore

    Sun Tzu said it best :

    a snake that has bitten you once will bite you again…

    these officers should be punished and dismissed from service.

  17. Mrivera Mrivera

    happy gilmore,

    kaya nga mas mabuting ikaw ay dikdikin na lamang hanggang sa tuluyang matodas, pagkatapos ay sunugin at ilagay sa isang baul na sususian nang mahigpit upang huwag mabuksan sapagkat nakakatakot kung ikaw pababayaan pang mabuhay!

    lahat ng mga sinasabi mo ay bumabalandra sa mukha mo!

    ikaw ang ahas sa kalipunan ng mamamayang pinahihirapan ng katulad mo ay manhid at walang pakiramdam!

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