By Joel Guinto
Inquirer
Court martial proceedings for the 28 officers accused of an alleged February 2006 coup plot on Friday were deadlocked on whether or not the lesser charges against the group have prescribed and should be dropped.
The defense panel argued that the charges for violation of Articles of War 63 (disrespect to the president), 65 (willful disobedience of a superior officer), and 96 (conduct unbecoming an officer and a gentleman) should be dropped since the charges prescribed last February 23, or exactly two years from the commission of the offense, as specified in the charge sheet.
But military prosecutors argued that the prescription period was “interrupted” when the charges were filed in December 2006, and moved for the arraignment of the group.
The president of the seven-man court martial, Major General Jogie Leo Fojas, gave the prosecution and defense panels until Tuesday next week to submit position papers on the issue. He also set the next hearing on June 17.
Lawyer Trixie Cruz-Angeles, who represents Captain Ruben Guinolbay, cited Article of War 38, which states that a charge prescribes two years from the commission of the offense.
“Article 38 says nothing about the filing of the charges,” Angeles said, adding, “We ask the court that the simple rules on prescription be operationalized to them [accused].”
Article 38 reads in part: “Except for desertion, murder, or rape committed in time of war, or for mutiny or for war offenses, no person subject to military law shall be liable to be tried or punished by a court martial for any crime or offense committed more than two years before the arraignment of such person”
But Lieutenant Colonel Jose Feliciano Loy of the prosecution panel cited a city ordinance in Manila, which states that the prescription period is interrupted by the filing of charges.
Since the city ordinance applied to a civilian court, it is also applicable to courts martial, Loy argued.
Angeles countered that rules of court could not overturn laws, such as the Articles of War.
Several weeks back, the 28 officers were arraigned for violation of Article of War 67 (mutiny), an offense that does not prescribe and carries life imprisonment as maximum sentence.
The charges stemmed from an alleged plot by ex-Army Scout Rangers chief Brigadier General Danilo Lim and Marine Colonel Ariel Querubin to lead soldiers in a mass withdrawal of support from President Gloria Macapagal-Arroyo on allegations of election fraud.
The highest-ranking accused, ex-Marines chief Major General Renato Miranda, allegedly knew of the plot.
Earlier in the hearing, Loy said that the accused should be arraigned on the lesser charges, even if the question on prescription has not been resolved.
“Prescription will be a good issue for demurrer after the arraignment,” Loy said, drawing strong reactions from defense lawyers.
“If the case has prescribed, there is no charge, that is common sense your honor,” said lawyer Francisco Chavez, who represents Miranda. Arraigning the accused before the prescription issue is resolved would be like “putting the cart before the horse.”
“I don’t understand why we are bamboozled into these proceedings,” Chavez said.
Miranda was absent from Friday’s hearing. One of his co-accused said he was suffering from vertigo, which was likely triggered by the alleged recall of his pass to visit his wife, Delia, last Monday.
Mrs. Miranda underwent surgery to remove a tumor on her breast at local hospital in Calamba City, Laguna province over the weekend.
Military spokesman Lieutenant Colonel Ernesto Torres Jr. could not be reached on his mobile phone to confirm if Miranda’s pass was revoked, or if it was good for last Monday only.
Photos taken during lunch break in the trial:
1. Maj. Leomar Jose Doctolero with daughter Amy and son, Leomar Jr.
2. Maj. Francisco Domingo Fernandez with wife, Anne.
3. Lt. Jacon Cordero and wife Mazenith
4. Brig. Gen. Danilo Lim with his “boys”, Army Rangers Captains William Upano, Ruben Guinolbay and Dante Langkit. (Langkit was brought to trial in handcuffs which CHR Chair Leila de Lima said is inhuman and unconstitutional.
5. Lim and Col. Ariel Querubin
6.Marine Colonels Armando Bañez, Achilles Segumalian, and Januario Caringal.Behind them is Maj. Fernandez.
7. Lt. Cordero with fellow junior Ranger officers:Lieutenants Richiemel Caballes and Homer Estolas and Captains Allan Aurino and Ervin Divinagracia.
8. Col. Querubin and son Val.
Its a waste of time arguing with TJAs. Kulang sa review.
Anyone following this case and saw the video clips of that event in February 2006, know that there was no coup plot or anything for these gallant men to admit guilt.
Ang linaw naman ng sinabi ni Col. Querubin noon who faced the camera then and asked for the people to help them stop what Esperon, et al intended to do against those who opposed the illegitimate reign of the Dorobo for whom Esperon, et al cheated for in the 2004 election. He was talking about an order for them to plant bombs on the streets the protesters against Dorobo would take and blame the NPA for them, and as a bemedalled soldier, he did not want to do such abominable act to innocent people who were just trying to voice out their grievances the democratic way.
Kaya ang dapat na disiplinahin ng mga authorities sa Pilipinas ay hindi iyong mga matatapang at magigiting na sundalong kinulong ni Gloria Dorobo kundi siya mismo at mga galamay niya, kasama na iyong kurakot niyang asawa, bayaw at mga anak.
From day one, this kangaroo court had always wanted to arraign these officers for crimes that they want to convict them with. This process is purely a waste of resources for all. Asppweron and Senga know what really happened in February of 2006. They know that these incarcerated officers have a legitimate grievance against the illegal president. Instead of addressing the issues, Mayuga came up with the whitewashed report. Knowing how this regime twists facts to justify the end, these incarcerated officers should really put up the best legal fight! I feel so bad for those who are barely making it. It must be terribly taxing for them to deal with the more than two years of incarceration. The emotional burden and the financial toll.
Minsan, hindi ko maintindihan kung bakit ang TJA na syang dapat mas nakakaintindi ng proseso ng court martial ay nilalamon ng buhay ng mga defense counsels. At nagtataka din ako kung bakit, kahit alam nilang mali sila, hindi ba’t obligasyon nila bilang mga abogado — officers of the court, ika nga — na siguraduhin na sumusunod s tamang proseso ang court martial. Ang nangyayari kasi, puro sila kontra sa defense counsels, kahit alam nilang tama at legal and mga pahain ng mga akusado.
TJAs are not necessarily lawyers.
Ellen,
I thought that if they didn’t meet the deadline which was in February or something for filing charges against these officers, the cases would be dropped… what monkey business are Gloria and her corrupt military officials up to again?
(See? I told you, can’t trust Yano — he’s a hustler!)
Ellen, I wanted to post something on this particular topic but the whole day yesterday, it was shut. It was asking for an update all the time. All the other topics were open except this one.
The main purpose of this continued hearings and blatant railroading of all the pertinent issues of this baseless kangaroo court is to simply continue to incarcerate these officers so the evil bitch will continue her wicked ways. No one in the AFP will oppose her bogus rule. Puro brainwashed na silang lahat! Even is asspweron is gone, his tentacles are still alive! Malakas siya kay evil bitch! What he wants to do, he can do! Hindi nga lang siya umubra na maging DND chief. Magkano kaya ang suhol ni evil bitch sa kanya para tanggapin ang “Advicer to Peace” position niya na nakakainsulto talaga! Both to him and the people.
Correction: even if asspweron is gone from the AFP, his tentacles are very much alive!
Anna, do you think that Yano would have been the successor of the asspweron if he is not the same “halang ang sikmura” kind of a chief?
I had been saying it then and I am saying it again, Yano is not different from asspweron. Same banana saba!
As presidential adviser for peace process, Esperon gets to sit in the cabinet security cluster. He will then have a say in matters pertaining to security and that would include the fate of the detained officers.
What a crap sitting an enemy of the insurgents, si Esperon, as adviser for peace process! Ano sila ulol?
Tama si Capt. Faeldon sa sinabi niya na it’s all palabas, no substance, and worse, all pretense. OK din iyong sinabi niya tungkol sa hindi niya paggalang kay Gloria Dorobo na sinabi niya naaalibadbaran siyang tawaging “Presidente.”
Same here. Kaya nga tawag ko Gloria Dorobo! Kasi sa amin iyan matagal nang nakakulong iyan kundi niya kayang mag-seppuku (suicide=harakiri). Sayang wala kasing ganyang kultura sa Pilipinas. Kundi nabawasan na sana ang mga kurakot.
PSB:
Pigura na lang magkamukha na si Yano at Esperon sa totoo lang. Parang pinagbiyak bunga. Buti na lang iyong pinsan kong general trying hard to keep his distance from these creeps in the AFP. Narangko on merits not sipsip.
Dye in the wool military kasi at doon na lumaki sa AFP, at iba naman ang pinanggalingan.
Sarap ng ngisi ni Lt. Cordero a. Mukhang naka-conjugal yung mama, hehehe.
Valdemar, it is true that the TJAs need not be lawyers, however, all of those prosecuting this case of the 2006 incident are lawyers, Col. Feliciano Loy and Col. Ser-me Ayuyao.