I took off last Thursday for a much-needed vacation so I missed the court martial hearing of the 28 officers accused of mutiny and conduct unbecoming of an officer and gentleman for allegedly planning to withdraw support from Gloria Arroyo in February 2006 after her thwarting the will of the people was exposed by the Hello Garci tapes.
But thanks to a friend who was in the hearing. She wrote me the following narrative of what happened last Thursday. I’m sharing this with you to better understand the latest development on the case of these patriot-officers who continue to hold on to their principles despite emotional, economic and physical hardships.
“The hearing started late, as usual. It was almost past 10 a.m.when the panel with a quorum of five emerged from the chamber that signaled the start of the hearing and the exit of press photographers and cameramen. It proceeded in the usual order, prayer and the entering of appearances of counsels. Then the court proceeded to swear in the new member of the panel, Maj.Gen. Gilbert Llanto who replaced a retired member. His oath taking on Wednesday was delayed due to lack of quorum.
“Llanto was the only member whose oath taking was recognized at least by the accused. It can be recalled that the court was constituted in the absence of both the accused and their private lawyers after they walked out in one of the hearings held in Tanay last year. Before the arraignment, Atty. Trixie Angeles raised a challenge for cause. Col. Marian Aleido, the law member of the panel attempted to postpone the challenges for cause until after the arraignment but the defense panel had to refer to Manual for Court Martial that states that the “challenges should be made before the arraignment, but the court may permit challenges to be presented at any stage of the proceedings.”
“Aleido conceded. Angeles manifested to approach the bench to inform the panel to whom the challenge was directed instead of presenting it in open court “to avoid embarrassment.” She huddled with the panel and retreated to personally engage Air Force Brig. Gen. Rolando Capacia. Angeles said she just offered Capacia the option to inhibit or to proceed with the challenge for cause that will entail discussion in open court where the media is present and even if he kicks it, the facts that will be brought out will linger on as another issue altogether against the integrity of the court.
“The court went on break with the pending issue of Capacia either inhibiting or taking the challenge for cause. But he opted the latter when court resumed in the afternoon prompting Angeles to withdraw her manifestation for a challenge for cause. In voluntarily inhibiting, Capacia said “I have participated in the proceedings of this court with utmost objectivity and impartiality but as I see a potential conflict of interest with my personal circumstances, I would like to inhibit myself from participating in the proceedings of this case.”
“It was so encouraging to see how Capacia as a former member of the court earned the salute of the accused junior officers after he opted to leave the court. He was commended by the defense team and was applauded after he extended a hand to the senior accused officers. Shortly after that, his replacement, Brig. Gen. Gilbert Abanto was sworn in.
“Then on to the arraignment, Maj. Gen. Renato Miranda was called in to stand right at the middle of the court facing the panel. In a faded combat uniform, Miranda stood beside Angeles who was dwarfed with the general’s towering height. He was asked whether he wanted to dispense with the reading of the charge, but he insisted to hear it. But he would have preferred that they dispensed with the reading of all the names but one defense lawyer insisted that the case as alleged is conspiracy so all 28 names of the accused will have to be read before Miranda.
“For over 10 minutes, Miranda bravely listened as the crisp enunciation of the words that described his alleged violation of the 67th Article of War echoed in the hall, “conniving, confederating to attempt to create, incite and begin a mutiny for planning to withdraw support from President Gloria Macapagal Arroyo by planning to join the mass protest of the so-called civil society on February 25, 2006.” It was an unusual scene of an accused standing tall and proud while the charge of mutiny against him was being read and it made it so uneasy for the panel to even look back at Miranda. The 55-year old general, a classmate of AFP Chief Gen. Hermogenes Esperon stood valiantly and was looking straight at the 5-member panel. Miranda was the most senior officer in the court, even the panel members included.
“The prosecution attempted to read the other charges that have supposedly prescribed but was preempted by the panel when the law member reminded the prosecution to ask Miranda’s plea first. But before Miranda can enter a plea, military defense counsel entered an urgent manifestation for an urgent declaration of a “nolle prosequi.”
“Lt. Col. Basilio Pooten’s in his urgent manifestation was deduced by the law member of the panel as a motion asking the prosecution to review the records of the case to determine if there is a basis for “nolle prosequi.” When translated, “nolle prosequi” means null prosecution or no prosecution and it involves the withdrawal of charges.
“As Aleido clarified in court, a ‘nolle prosequi’ is a business or an agreement between the prosecution and the defense panels that the panel cannot rule on. It’s only the convening authority, Esperon in this case, who can act on a recommendation of nolle prosequi. The panel can only grant the motion to suspend proceedings pending the review of the case and the action on the recommendation for a declaration of nolle prosequi.
“Angeles clarified that a ‘nolle prosequi’ is not a special plea because it was a motion filed by the military defense lawyer to review the records of the case to determine if there is a basis for “nolle prosequi.” But the motion had more meaning to it having been urged by a uniformed officer of the court to another.
“Addressing the prosecution, Pooten said, “you and I have read the Pre-trial Report and we know there was no evidence to proceed not even an iota of evidence that would substantiate the charges against these young and talented officers thus an urgent declaration of nolle prosiqui not just to Gen. Miranda but to all the accused.”
“In the Pre-trial Investigation Report, mutiny charges against the 28 officers for the alleged February 2006 plan of withdrawal of support from President Arroyo were recommended dismissed “for lack of factual and legal bases.” The report is one of the bases for the convening of the court martial, although a pre-trial advice overturned the recommendations in the PTIR. But it was not signed by Esperon to signify his official approval and it was not attached to the charge sheets.
“They have been detained for two years for mutiny and other charges. Charges of ‘Conduct Unbecoming of an Officer and Gentleman’ and ‘Conduct Prejudicial to Public Order and Military Discipline’ were supposed to have prescribed after the military court failed to arraign them for those offenses within two years from alleged date of the commission of the crime.
“The 28 officers have gone a long way now fighting every attempt of injustice to them in the two years of incarceration from one camp detention to another, from Cavite to Tanay, and now at the maximum security detention at the Intelligence Service of the AFP. As Marine Col. Ariel Querubin, a medal of valor awardee, once said, the biggest toll of this legal battle had been on their families.
“To the officers, a short cut to freedom is not a sweet victory while remembering that their men, the enlisted personnel who have been dishonorably discharged, had been the unwilling casualty of injustice.”
Had to find out what nolle prosequi means. Here it is:
Latin for “we shall no longer prosecute.” At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge’s permission to “nol-pros” a case.
Sana matapos na ang caso nila kasi wala namang valid charges against them..Ang tanong ko lang sa lahat na mga militar-past, present and future…ang militar ba ay para sa servicio at sunodsuran lang sa Presidente..at her whims..or are they to protect the people?..Arroyo vs.The People of the Republic of the Philippines? “the answer my friends is blowing in the wind”..how many years do we have to suffer under Arroyo? how many years will it take for us to have a truly elected gov’t, a gov’t for the people by the people and for the people?
Will Esperon face Gen. Miranda in court to read all the charges? Kung tunay siyang sundalo he will but..I doubt if a face to face confrontation will ever happen..ang takot lang niya at wala siyang mukhang iharap (come to think of it may mukha ba siya?)..
..at the same token will Neri face Lozada man to man sa investigations?..Sorry I forgot si Neri pala ay nagtatago sa falda ni Gloria at si Gloria naman ay naka pantalon lagi..
As I earlier blogged, this may be a welcomed plea for asspweron. This is now the time that he can finally let go of his anger on these officers. Asspweron just wanted to protect himself and the evil bitch from the 2004 election fraud. He already succeeded in a way because he was able to whitewash and forever hide the Mayuga report. He was also able to put these officers behind bars to show to the evil bitch that her crime against the suffrage of the citizenry will be safe. But now that asspweron is moving on, whether he becomes a DND cabinet man or not, he will now be a civilian and he does not have the whole AFP shielding him. He will have to face his enemies by himself. Thus, freeing these incarcerated officers may be his last “good deed” as CS.
pb: why would Ass-pwe! be angry at the officers? have they done anything wrong against him? If ever there was anything wrong done on him..it was his own doing..for being such an ass-pwe! It is a sad..because if he reads the gospel (I am sure he does) Jesus said..”what would it profit a man to gain the whole world”..
This may be the result of back channelling negotiations between the incarcerated and asspweron.
Let us all pray that by the 18th of April, these men will finally have their freedom. What will asspweron lose anyway? He will be retiring in a month. Yano is taking over and from the grapevine, these incarcerated can respect any CS, except asspweron. To them asspweron is an epitome of the WORST CS the AFP ever had- no respect for the constitution, had prostrituted himself to get the CS position, had shown allegiance to just the evil bitch and not the people whom he should have served foremost, had gone beyond his bounds in prosecuting his own men(who by the way are respected more than asspweron will ever be!)
Rose his anger is on the fact that these incarcerated officers do not respect him because of what he did in the 2004 elections-he was one of the Garci generals, remember?
Respect is earned and no matter how asspweron prosecuted these officers, he never got them to respect him!
“It was an unusual scene of an accused standing tall and proud while the charge of mutiny against him was being read and it made it so uneasy for the panel to even look back at Miranda” who ” stood valiantly and was looking straight at the 5-member panel”.
Hindi kayo makatingin sa mga mata ni Gen. Miranda, e di nag-walkout na lang sana kayo at nagsabing “release General Miranda and all the Men of Honor”!
Mahirap talagang tumingin ng deretso ang mga GloriaAsspweron puppets sa isang Heneral na Kagalang-galang! E di mas lalo namang hindi makakaharap sa mga respetadong opisyal na ito sina Korap Gloria and her Asspweron!
Noon pa ay pinanindigan ko na na walang ebidensia sa Esperon para kasuhan ang mga sundalo na ito at makakalaya din sila.
Motion to quash is more appropriate plea by the defence. Nolle prosequi will come then from the trial judge advocate and not from the defense.
On the PTI, its only recommendatory that may be approved or disapproved and may not necessarily be a fact material to the case.
hindi ba ang baboy ay laging na nakatingin sa ibaba kasi nahihiya..kaya seguro ganyan si ass pwe at si goria..
hindi ba may Babuyan Island? I don’t mean Glorias Babuyan Kingdom..
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!
waht es-Pwe-ron has is a face even his mother would not love!
“WHAT………”
oras na ng paniningil!
tuliin si es-PWE-ron!
at kapunin!
If the courts verdict is NOLLE PORSEGUI, then that means do not pursue the prosecution. Then, why did the court put these honorable men back in jail? Did the Courts interpret the law because is sounds sophisticated “NOLLE PORSEGUI” This courts are tampering with the lives of these honorable soldiers by order of this rotten pandak. It is very disgusting.
Dandaw, the Nolle prosequi will still have to be studied and it looks like asspweron is the only one who can give this to the incarcerated. Since he has such a vindictive attitude towards these honorable men, it is almost transparent that he may not give this ruling to them at all. Unless of course as I had indicated, he was touched by the Holy Spirit over the lenten season and relizes that he had punished these men enough already for whatever misdemeanors they had (if we can call their acts as such).
PSB, you mean evil spirit? I don’t think pandak and asspweron has any remorse or conscience in their whole body. Both are so drunk of power that nothing to them matters but greed. I don’t think they have God in their soul either. They know where they are going. As they say No hope for their souls to be saved but that is their choice.