You can see and feel the joy in their happy faces.
Applause and jubilation erupted when law member Marian Aleido declared, “Therefore, the motions of the accused are hereby granted and the questioned charges are dismissed.”
“The decision reflects the changing characteristic of the military under a new leadership,” Atty. Alex Lacson, lawyer of Col. Custodio Parcon, said.
“This is the restoration of sanity in an insane situation,” Atty. Homobono Adaza, lawyer of Col.Ariel Querubin, said.
Following is the story of Malaya’s Victor Reyes.
A military tribunal, ruling in favor of accused officers on the issue of prescription, yesterday dismissed four of five charges filed against them in connection with the alleged attempt to overthrow the Arroyo government in February 2006.
The charges that were dropped were violation of Article of War 96 (conduct unbecoming an officer and a gentleman), 97 (conduct prejudicial to good order and military discipline), 63 (disrespect to the President) and 65 (willful disobedience of superior officers).
The remaining charge against the 28 Marines and Army officers is violation of AW 67 or mutiny. The officers, led by former Marines commandant Maj. Gen. Renato Miranda and former Scout Rangers chief Brig. Gen. Danilo Lim, have been arraigned on this non-prescriptible offense.
The defense panel had moved for the dismissal of the four offenses, on the ground that under military laws, these prescribed last February, the second year of the commission of the alleged crime, because they were yet to be arraigned.
But the prosecution argued the proceedings were delayed by the motions and petitions of the defense. It said the defense has filed 139 motions and petitions since court martial proceedings started in December 2006. It has asked the court to deduct a year, six months and three days from the prescription period.
In the ruling read by law member Col. Marian Aleido, the court said it agrees with the defense that AW 38 is the “applicable law that governs the period of prescription.”
AW 38 states that except for desertion, murder, or rape committed in time of war, and mutiny and war offenses, no person shall be prosecuted or punished for offenses committed more than two years from the time of the commission of the offense if not arraigned.
“The mere filing of numerous motions or petitions, while these may have resulted in delays, did not place the accused in state of being not amenable to military justice,” the ruling read.
“The court considered Section 59 of the Manual for Court Martial which provides the period of prescription of an offense shall commence to run from the day the crime is discovered by the offended party, the authorities or their agents,” it added.
The decision also said the military court considered a decision of the Supreme Court “which ruled that the period of prescription is reckoned from the day of the commission of the offense up to the arraignment of the accused.”
“The court believes that the offenses, of which the accused are charged except for mutiny, are barred by the statutes of limitations,” the ruling said.
The accused applauded after decision was read.
“We are happy. We feel these (dismissed) offenses are the offenses that could pin us down. There is no case to speak of,” said Marines Col. Ariel Querubin.
“Praise God, praise God,” said Lt. Col. Custodio Parcon.
Parcon and Querubin are two of the few officers still in the active service who are recipients of the Medal for Valor, the highest military decoration.
“We are all happy and we can concentrate on the mutiny (case) and we are prepared to defend ourselves in that particular case,” Miranda said,
He said the seven-man court, presided by Maj. Gen. Jogy Leo Fojas, “behaved independently” in coming up with the decision.
“They made the judgment based on the merits,” he said.
The decision came around a month after the retirement of AFP chief Gen. Hermogenes Esperon Jr., whom the officers accused of interfering with the affairs of the court.
Esperon, now presidential adviser on the peace process, was succeeded by Gen. Alexander Yano.
Photo Caption:
1. A happy Miranda speaking to teh media. To his left, partly hidden is Atty. Vic Verdadero, llawyer of Brig. Gen. Danilo Lim, and Lt. Col. Nestor Floredeliza. To his right is Atty. Trixie Angeles, lawyer of Capt. Ruben Guinolbay.
2. Major Jason Aquino and Atty. Homobono Adaza, lawyer of Col Ariel Querubin, surrounded by (left to right) Capt. Dante Langkit, Lt. Homer Esrolas, Lt. Belinda Ferrer, Capt. Frederick Sales, Capt. James Sababan.
Behind them are Capt. Montano Almodpvar, capt. William Upano, Capt. Erwin Divinagracia, Capt. Allan Aurino, Lt. Richiemel Caballes. Partly hidden is Lt. Jacon Cordero.
3. Captains Allan Aurino and Joey Fontiveros with lawyers Dante Xenon Atienza and Nole Panganiban.
4. Lt. Col. Edmundo Malabanjot
5. Flordeliza, Caballes, Estolas and Upano
6.Wearing their new uniform (we call them the Marines band): Lt. Col. Achilles Segumalian, Col. Custodio Parcon, Querubin, maj. Francisco Domingo, and Col. Orlando de Leon
7. Querubin with his relatives, cousin Tess, sister Sonia, and Jojo Chuidian
8. De leon and his visiting relative from Madrid, Spain
9. Brig. Gen. Danny Lim with a friend
10.Col and Mrs. Parcon
11. Maj. Leomar Jose Doctolero
12. Maj. and Mrs. Fernandez
Harinawa.
Half the battle is won! There is yet the other half to hurdle. But the lawyers for the accused are very confident that even the “attempted mutiny” will be dropped as well. All lawyers I talked to say that there is no such a thing as “attempted mutiny”! This will be a very difficult act to prove! Sana tuloy tuloy na ang pagpawalang sala sa mga magigiting na 28 opisyales na nakakulong. It is about time to set them free. Tama na ang drama ng AFP. Afterall, the ass is no longer the “cheat of staff”. Sa totoo lang, si ass lang naman ang may kagustuhan na ikulong sila para pagtakpan niya yung ginawa niyang pandaraya sa election nung 2004. I believe that there are also good officers in the AFP. Kaya nga lang takot din sila na matulad sa mga 28 nakakulong. Urong ang mga bayag ika nga!
rule of law remains very weak in our country but there’s plenty of hope. peace and order is the responsibility of our security forces. the overall beneficiaries are the people.
Kung anu-ano insane charges ng pinukol ni Ass sa Men Of Honor. Dapat madimis lahat. In the first place, the minor charges were clearly lodged only to make their everyday life miserable
Sana nga, Atty Lacson.
Maniniwala lang ako kung pati mutiny charge na walang basehan ay idismis rin.
PSB,
Nakakaasar na nakakatawa nga e. “Attempted mutiny” ang dahilan ni GloriaAsspweron sa encarceration ng Tanay boys. Imagine, “nakaamba” pa lang na hindi naman totoo (walang materialization),ay katakot-takot na bartolina at paghihirap na ang na-experience ng mga officers and gentlemen.
Si GloriaAsspweron ay nago-orgasm sa pagpapahirap sa mga sundalo!
PSB,
Paano naman sila naging “good” officers kung sila ay “takot” na matulad sa 28 nakakulong na Tanay boys at “urong ang mga bayag ika nga! (heheh)? Ang tawag yata diyan ay DUWAG at walang karapatang maging opisyal ng sundaluhan.
finally… a positive sign of the changing times in the AFP. Gen. Yano should remember always that the military is also for the people, by the people and of the people.
Chi, the good ones, kahit “urong ang bayag” will finally come through. Look at the panel eh di natauhan sila that they can not be above the law and besides siguro during the time of asspweron, takot na takot sila to displease him dahil hindi siya nangingiming ilagay sila sa kulungan just like he did with these 28 men.
Eddfajardo, sana nga General Yano will make up for the gross bastardization of the AFP under the asspweron. Akala ni ass, the military was( wala na kasi siya sa AFP) for the evil bitch, for himself and the people who sucked up to them!
Yun nga ang sabi ng isang lawyer, the attempted mutiny ay parang alanganing pagbubuntis, either you are pregnant or not! Nothing is in between. This was asspweron’s made up charge anyway. Sa totoo lang, lawyers say that the lesser offenses which were dismissed yesterday were the ones which would have caused more “hell” and “headache” to defend because the witnesses can drum up hyped up scenarios.
Mutiny? There was none! This charge was only cooked up by the ass and the evil bitch! Now the people are seeing that the evil bitch can whip up a play and drama in an instant if she wants to create a situation that will justify her actions. BISTADO NA ANG KULAY NI BITCH!
By now, the Esperon men, still in the active service must be getting agitated with fear. Without their padrino and with the prospect of 28 officers unjustly detained and derailed in their careers, they will now try to find means to have these men convicted. The next step is to ensure that the witnesses for the prosecution — assuming there are any suck-ups like that — don’t distort the truth. Half the battle is won. But lets not lose sight of the next half.
That’s right K. The defense should prepare carefully for the proper trial. I understand one of the witnesses of the prosecution will be Brig.Gen. John Martir.
The defense wants to put former AFP chief Hermogenes Esperon in the witness stand.
The two big liars will be the witnesses? The most hated John Rat and the cheat asspweron! Masaya!
Every little victory counts Ellen. These men were incarcerated on the whims of a few vicious men. Yes the battle is on from here on between the truth and the lies. The truth will prevail!
It is still an uphill battle from hereon because those in power will try to be in control. Let us continue to pray for the Tanay Boys.
Their joy is infectious. I’m happy to see them happy.
Para ngang band members itong mga Marine officials in their new uniform. I Imagine them marching in this uniform. Dapat si Lt. Ferrer ang majorette.
Gabriela, I liked that picture too.I liked all their smiles!
In the U.S. military law is not that too legalistic in the terms used and any grade five school boy should easily understand. Many people in the military service are volunteers mostly high school boys. In fact, in military courts, defense counsels and prosecutors, and presidng and courtmembers are not necessarily with law background. We lifted our mlitary court manual from our white brothers. Its normal to put a law member in the tribunal though but he only guides the proceeding to stick with the regulation and not mess things up unfavoring the defense. In highly critical cases the defense would employ high caliber lawyers from the outside to pit with the prosecutor. The other members of the court are not expected to lean on the prosecution. In the present case, we should not expect a guilty verdict, not a chance.
Court martial is there to render justice to members of the armed forces. It should not be used to perpetuate injustice to protect the personal interest of some people.
Klingon’s thoughts are well founded. Esperon’s men must be getting worried that they cannot railroad things the way they used to.
The defense team, the 28 officers and their families and the public, should be alert because in the desperation of Esperon and his men, they might be more brazen.
One of Esperon’s galamay is this Lt. Gen. Ferdinand Bocobo. He is now the Inspector General. His report on the allegations of violations of the human rights of the detained officers is a classic case of insensitivity.
He affirms the public’s perception of the ugly side of the military.
Let’s hope that mutiny charge will be junked ASAP. Assperon’s Kangaroo Court is in a shaky ground since its formation. It will self-destruct anytime.
From what I heard, this Bocobo guy investigated the charges of human rights violation against the Tanay boys, particularly those who were illegally detained and tortured like Cpt. Langkit. And he allegedly CLEARED the Army saying that the charges are unfounded, based on half-assed investigation methods. He asked the wives of some of the detainees then asked the ISG where the officers were detianed. Based on that, ayos, cleared na and Army. Napaka-self serving talaga!
Extraordinary! Just gobsmackingly spot on Ellen!
“The defense team, the 28 officers and their families and the public, should be alert because in the desperation of Esperon and his men, they might be more brazen.”
Klingon, ala John Rat pala itong Bocobo-desk assessment lang ok na!
Here’s the Bocobo report on violations of the detainees human rights.
afp-hr-report-by-bocobo.doc
They interviewed Capt. Langkit and he told them all the abuses that the inteligence agents did on him. Not a single line nor word on Capt. Langkit in the report.
This part showed the stupidity of the investigators:
1.There is no conclusive evidence that blindfolding did happen.
2.There is no truth in the allegation of Mrs Aquino that her husband was held incommunicado inside the “bartolina” at ISG, PA, Fort Bonifacio, Taguig City. During the ocular inspection conducted, the detention cell where MAJ AQUINO was then detained does not fit the description of a bartolina. The cell has a window wherein sufficient light pass through. The cell was not that enclosed to absolutely deny penetration of light therein. MAJ AQUINO was not likewise held incommunicado. Incommunicado connotes solitary confinement where visitation is impossible and that the detainee is denied all forms of communication. The fact that the detainee is confined alone does not automatically imply that he is incommunicado if he can and able to communicate with his/her relatives/lawyers and his family. Based on the statements of Mrs Aquino, she admitted that she was allowed to visit her husband after a month of confinement and that under the visitor’s log of ISG, PA, it reflects that she made several visits to her husband thus, negating her allegations that MAJ AQUINO was held incommunicado.
The detainees narrated that they were blindfolded. What kind of evidence do they want? If they wanted to dispute that why didn’t they ask the escorts? They have the record of those who participated in operation on Aquino and Langkit?
Ala Mayuga report pala ang Bocobo report Ellen-whitewashed din!
Bocobo was one of those who prepared the Lopez report on the feb. 06 incident that linked the military officers with the group of former UP president Francisco “Dodong Nemenzo” who was identified in the report as Prudencio “Ka Dodong” Nemenzo. Pinag-isa nila si Nemensio Prudente, former PUP president and Nemenzo.
At the first day of the preliminary investigation of the charges against Miranda et al at the DOJ, gen. Miranda approached Dodong Nemenzo, whom he met for the first time, and greeted him, “So you are et al.”
Come to think of it, nothing happened to that DOJ investigation. Basta na lang hindi tinuloy after two hearings where they did nothing much except correct the names and the charges and argued who will photo copy the 1,000 page report.
Gago pala itong si Bocobo, after one month pinayagang bisitahin ng asawa, e di incommunicado nga!
Here’s the statement read by Maria Fe Aquino, wife of Maj. Jason Aquino, before the House Committee on Human Rights and also submitted to the Office of the Inspector General.
Click here: maria-fe-aquinos-testimony.odt
I think there’s a problem in the linkage of the files. I’ll check later. I’m just rushing my column for tomorrow.
Things are turning better for the detained officers with Yano as AFP Chief. I wonder if those charges would be dismissed if Esperon was still the Chief. No matter what, the detained officers cannot get full justice under this evil government. Perhaps after 2010 when a candidate from the opposition is elected.
BE, not a chance that the court would have dropped the lesser charges if the ass is still in power in the AFP! But let us not forget that the ass positioned some of the generals and other officers in the AFP and some of them may still be beholden to him. Yano seem to be doing very well in balancing his act to keep the AFP together. I am now seeing the light at the end of the tunnel. When the ass was the CS, it was so dark and bleak for these officers.
Yano has a big problem to solve hereafter. How will he position these incarcerated officers back in their ranks?