I think Col. Feliciano Loy’s tantrum near the end of last Friday’s court martial hearing of the mutiny case against Maj. Gen. Renato Miranda and 27 other officers was more panic than anything else as reality dawned on him that what he has is a losing case.
“We believe that the prosecution has been trapped, We will have to withdraw from the pre-trial,” he said eliciting surprise, disgust, anger and amusement from the defense lawyers.
Col. Loy is the head of the prosecution team implementing the order of former AFP chief Hermogenes Esperon to have the 28 officers convicted for allegedly planning to withdraw support from Gloria Arroyo in February 2006 following the revelations in the “Hello Garci” tapes that she cheated in the 2004 elections.
The 28 officers including Brig. Gen. Danilo Lim and two Medal of Valor awardees, Col. Ariel Querubin and Lt. Col. Custodio Parcon, were charged with mutiny despite the recommendation of the panel that investigated the February 2006 non-event to dismiss the charge of mutiny (violation of 67th Articles of War) “for lack of factual and legal basis.”
The officers were also charged with conduct unbecoming of an officer and gentleman (violation of AW 96) and conduct prejudicial to good order and military discipline (AW 97) and disrespect towards the president (AW 63). But these minor charges were dropped when no arraignment was conducted after two years.
Last Friday was the third pre-trial hearing. At 3:30 p.m., Loy reported to the panel that both sides were through with stipulation of facts and the marking of evidence. He declared the end of pre-trial and for them to go to trial proper. He even made a snide remark for the officers who have been in detention for almost three years “to prepare for a long battle.”
Atty. Donald Diaz, counsel for Lt. Col. Parcon and Capt. Aurino, reminded the prosecution the agreement that no additional evidence would be presented or else there would be no end to the “fishing expedition” and that would defeat the purpose of the pre-trial. No objection was raised to that.
When the hearing resumed after a short break, Atty. Rogelio Bagabuyo, counsel for Maj. Gen. Miranda, said that in the interest of speedy trial, he is admitting “hypothetically that all the evidence presented by the prosecution are true.” He said he is filing a demurrer because the evidence presented “are not enough to convict the accused of mutiny beyond reasonable doubt.”
A demurrer is a pleading in effect that even if the facts as alleged by the opposite party are true, they do not sustain the contention based on them.
All the defense lawyers manifested the same pleading. Atty. Vic Verdadero, counsel for Brig. Gen. Danilo Lim, said, “We shall not be using our evidence. We admit that the prosecution’s evidence is true and that they cannot sustain the charge of mutiny.”
The pre-trial investigation report on the Feb. 2006 incident defines mutiny as “concerted insubordination, or concerted opposition, defiance of, or resistance to, lawful military authority by two or more persons subject to such authority, with the intent to usurp, subvert, or override such authority or neutralize it for the time being.”
The pieces of evidence submitted by the prosecution consisted mainly of affidavits of officials who were at the “Gazebo,” a reception area in the residence of the AFP chief of staff in Camp Aguinaldo, the night of Feb. 23, 2006. At that time, it was the residence of the AFP chief Generoso Senga, who is now ambassador to Iran.
They were supposed to be discussing the restlessness of the young officers over the “Hello Garci” expose which validated what they knew that the military was used extensively to cheat in the 2004 elections in favor of Arroyo. There was talk about some officers planning to join the protest rally the next day, the 20th anniversary of the 1986 People Power. The meeting ended with Senga giving the order to “Go back to barracks” which everybody obeyed.
One of the affidavits in the prosecution’s arsenal is that of Esperon, who was then the chief of the Philippine Army.
Loy said the defense team was being “presumptuous” because they have not presented the witnesses themselves.
Atty. Teddy Rigoroso, counsel for Maj. Francisco Domingo Fernandez and Lt. Belinda Ferrer, said since the witnesses are not expected to say anything contrary to what is contained in their affidavits, they would just be wasting time because the defense would just agree to what the witness would say.
Loy asked the court to nullify what transpired in the three pre-trial hearings. That’s when the soft-spoken Bagabuyo, who was a former senior state prosecutor, turned testy. He told Loy that “it is never right for any one to say ‘Yes’ today and say ‘No’ the next day. That is never done.”
Atty. Trixie Angeles, counsel for Maj. Jason Aquino, asked the court to order Loy to “tell the truth” and show cause why he should not be cited for contempt for delaying the trial.
Atty. Gilbert Gallos, counsel for Col. Orlando de Leon, took exception to the allegation of Loy that the “prosecution has been trapped.” He said no one forced the prosecution to submit their evidence. All that the defense was doing was to admit their evidence. “I can’t understand where he is coming from.”
I think I understand. Loy’s statement betrays his own assessment of the weakness of their evidence. What if the court approves the defense’s demurrer? AFP Chief Alexander Yano, in contrast to Esperon who was known to exert pressure on the panel, has always said he will respect the decision of the court.
If the demurrer is approved, the accused officers would be released to go back to the service. Will Arroyo and Esperon allow truth to prevail?
The panel headed by Maj. Gen. Jogy Fojas denied Loy’s motion to nullify the pre-trial proceedings. He gave the defense seven days to submit their demurrer and another seven for the prosecution to comment. Next hearing is on Nov. 28, 2008.
Tonque posted this under the Nov.8 article about the hearing last Friday:
Marines’ present maturity rules out coups’
Malaya
More than two years after its commandant supposedly joined an attempt to overthrow the government, the Philippine Marines yesterday said it has already reached the maturity level that guarantees that no one among its officers and men will ever join another such move.
Marines spokesman Capt. Neil Estrella made the fearless forecast two days after the celebration of the 58th founding anniversary of the Marine corps, whose officers and men have been involved in coups as early as in the 80s.
“We’ve learned a lot after that. In terms of maturity, we’ve matured a few years back after that, after what happened,” said Estrella, referring to the February 2006 alleged power grab attempt that involved then Marine commandant Maj. Gen. Renato Miranda.
Miranda and 27 other Marine and Army officers are still detained and are being tried for mutiny. They supposedly planned to march to the Edsa Shrine, join anti-government protesters there, and publicly withdraw their support from President Arroyo.
Aside from Miranda, the other prominent Marine officers involved in that incident were Col. Ariel Querubin and Lt. Col. Custodio Parcon, both recipients of the Medal of Valor, the highest combat medal in the military.
Marines who figured as core leaders in the short-lived Oakwood mutiny in July 2003 were Captains Gary Alejano and Nicanor Faeldon. Both were also involved in so-called Manila Peninsula standoff in Makati City on Nov. 29, 2007 where they holed up for hours with Sen. Antonio Trillanes inside the hotel calling for Arroyo’s ouster. Faeldon escaped after government forces were able to quell what officials said was another attempt to grab power.
“The maturity of the troops and the organization has increased a lot. We’ve been saying that we should be responsive, transparent, and in transparency, you have to admit your mistakes and find solutions for them,” said Estrella.
He noted that among the thrusts of the current Marines leadership is to be institutionally strong, organizationally capable and people-oriented. He said such reforms should be pursued by the junior officers as they go up to the ladder of leadership to avoid “ugly” developments.
The thrusts also include the strengthening of other reform programs and making them a continuing effort. – Victor Reyes
Re above article: Di sige.
Capt. Neil Estrella, “noted that among the thrusts of the current Marines leadership is to be institutionally strong, organizationally capable and people-oriented…such reforms should be pursued by the junior officers as they go up to the ladder of leadership to avoid “ugly” developments.”
I believe that leadership should first be a model of excellence, which is far cry from lacking. With wh*re Gloria at the helm, commander-in- chief, the most corrupt leader of free nation, how would you expect to thrust junior officers to follow such poor leadereship that includes Assperon who participated in fixing the outcome of a national election. This is just more of ugly talks which amount to nothing, in my opinion. Two years of the same bs, as usual. We got enough bs from wh*re Gloria since day one to cover the entire island of the Philippines, we don’t need more of it, sh*t. As they said in layman’s term, either dump or get off the pot.
Mahirap mangyari ang *get off the pot* dahil kapit-tuko si Gloria Arroyo. Mas okey ang dump. Kailan kaya?
Only IDIOTS make their own trap.
…transparent, and in transparency, you have to admit your mistakes and find solutions for them,” said Estrella.
Transparent naman daw kasi nag-I AM SORRY na. Kaya lang, hindi nag-admit ng mistakes. Ang masama, iniiwasan pa ang solution, kundi man pilit na itinatago.
Loko to si Estrella, pinaparinggan ata si Gloria.
Marines din kami dito sa South. Nagtatawanan kami sa statement na yan. Natatawa kami…hihihihihihi
May I ask Mr Estrella….Can we call it MATURITY to close our eyes to the cheating, lying and thieving ways of Gloria? Can we call it MATURITY to allow the AFP to subvert the will of the people. Can we call it TRANSPARENCY to prevent our Marines from testifying in the “Hello Garci” scandal? Did we ever admit our MISTAKE in keeping a blind eye and closed mouths while the AFP and the Marine Corps are being prostituted? Yes, we have offered solutions….but were these considered? What happened to those who offered solutions?
I think some of our Marines have already caught the virus of not being able to distinguish between a “HOSTAGE” and a “HOSTED”.
The patriotic Marines who are in detention:
Detained in connection with the Feb 2006 non-event:
1. Maj. Gen. Renato Miranda
2. Col. Ariel Querubin
3. Col. Orlando de Leon
4. Col. Januario Caringal
5. Col. Armando Bañez
6. Lt. Col. Custodio Parcon
7. Lt. Col. Achilles Segumalian
8. Maj. Francisco Fernandez
9.1Lt Belinda Ferrer
Detained in connection with 2003 Oakwood incident and November 2007 Manila Pen incident
1. Capt. Nicanor Faeldon (out there)
2. Capt Gary Alejano
3. Lt. Jonnel Sangalang
4. Sgt Francisco Bosi
Detained for sharing DVDs “Erap para sa Masa”, “Original Sin” and “At all Cost”
1. Lt. Artemio Raymundo
If there are those I missed, please let me know.
Maturity is a code word for:
Mind conditioning of soldiery not to join the rally or distribute any materials to the public against despot, megalomaniac, and kleptocratic illegitimate de facto occupant of malacanang.
Like I said before, the Philippines Judicial System is dead, died when wh*re Gloria Arroyo and hubby pimp Mike overthrew a legitimate govt while the populace watched and laughed. If the charges against these officers are close to the truth, I submit that Angelo Reyes, the traitor, formerly the bad boy of AFP and others with the same crime committed should also prosecuted. What’s good for the goose is also good for the gander, in a just and fair society, I suppose. A wishful thinking on my part, nevetheless. These officers mentioned deserve much better treatment, but in a corrupt system of the wh*re, these officers have no chance as obviously been demonstrated started two years ago. And, to date still their future are so much in doubt. It’s a doggone shame, that the real guilty of the crime are on the loose and the innocents are being punished. Ain’t no justice!
Ellen:
I would like to add two prominent names on your list who participated in coup d’etat and I believe should be prosecuted also.
Senator Honasan, coup plotter.
Formerly Chief of Staff of AFP Angelo Reyes. On January 2001 led the military brass, defected and backed the mob at the Edsa Shrine calling for the ouster of legitimate president, the Commander-in- Chief Joseph Estrada, who was toppled from the presidency.
I think for a minute what would happen to me if I’m Gloria Macapagal Arroyo’s Bagman.Hehehehe!
Ang mga Patriotic Marines natin ay nagdurusa sa kasalanang gustong sagipin ng taongbayan sa kuku ng isang animal. Habang ang mga General ng animal na ito ay nagnanakaw at biruin niyo kasabwat pati asawa at pamilya, sila ay malaya. Ganyan talaga ang nangyayari pag yong animal na amo nila ay isa ding magnanakaw.
How I wish for a minute,I am Joc-joc Bolante, Garcilliano, Abalos, Neri and the most powerfull among of them all is being a First Gentulisan, never mind the president and don’t bother her,she is waiting for Obama’s call.
Just suppose Me, Myself and I have begun a criminal enterprise. Lo and behold, the enterprise is as successful as my dreams. Money flows in torrents. Actually, it begins to pile up all around me. Am I gonna do a “Scrooge” McDuck and jump around in it and maybe frolick in it and toss it around? Or invite Luningning,Milagring and Mariposa for a million dollar “Pasalog” then Willie will commit suicide.Hehehe! continue reading the rest on my site.
Bakit may Palin kindat pa si Estrella? Taga na ba talaga sa bato? Tuwing lunes may panatang makabayan, may swearing pagpasok sa trabaho, may solemn vows sa altar, yet promises, promises are sometims broken.
Puro may rangko, Wow! At least, di sila labas tumbong, at kagalang-galang pa rin! Konting tiis na lang siguro and they will be out soon!
Okey yan cokes, ang galing nung “First Gentulisan” mo, hahaha!
Maturity?
Hindi maturity ang tawag sa mga taong “Yes master lang ng yes master.” Mga supot tawag dun. Alam mo ng may mali, yes master ka pa rin. Alam mo ng hindi tama, yes master ka pa rin. Binibili na yung kaluluwa mo para mapunta sa impiyerno, yes master ka pa rin. Maturity ba tawag dun?
Mga uhugin lang at mga uto-uto ang laging nagsasabi ng yes master.
Taragis Golberg, ok ka. Isang case ng Carlsberg sagot ko dyan.
Rumor has it that Joc Joc Bolate’s lawyers will declare Bolate insane, incapable of testifying in Congress. Any truth to the rumor?
The great heritage of the Filipino Marines is being injured. Heritage Injuring Virus has already spread to people like Estrella. A high incidence of this infection usually occurs among prostitutes.
“…prepare for a long battle” -Loy to the Tanay boys
Expects Gloria to rule forever ha Loy? Pikon at nagpapanik si Loy, bwahahaha!
Sino daw ang nag-mature na sabi ni Neil Estrella? Ang marines o si Gloria? heheh! Komedyante rin pala itong si Neil.
marines attain a level of maturity that guarantees no more mutiny among its delinquent young officers.
this is good news. this is professionalism par excellance.
i think there is no problem here. who is not happy about a transparent, people-oriented marine corps willing to listen and respond to the needs of its members, urging the junior officers to take a lead in the planning, implementing and monitoring of the needed continuing reforms in the organization?
I smell something is cooking but I don’t recognize the aroma of the brew that is boiling in the pot. If you wanna help me, read here. or check the link: sundalopilipino.blogspot.com/2008/11/statement-of-awareness-and-action.html
This came out a few hours after the 1:00 midnight mass in Malacañang. Hmmm?
Tongue,
Palagi naman ganyan ang message ng Sundalo. Hindi kaya ang nagbo-brew ay ang EK para sikat na naman ang impakta kasi ay pupuntahan niya at luluhod kay Barack para meron siyang maikukwento, kung haharapin man lang sya.
The junior officers had always been used to clamor for reforms. In the 2006 supposed “withdrawal of support” two of the most straight and respected junior officers, General Lim and Col Querubin were used to detest the cheating operations which used the AFP to widely cheat for the illegal president. The then known OPERATOR asspweron made sure that these two valiant officers along with their comrades are locked up until the illegal president leaves her office. When will the SENIOR officers ( the then junior officers in 2006) be the initiators of change? It seems like those who were not incarcerated have become euro generals or simply followed the path taken by Angelo Reyes and asspweron, best described as the “LAP DOGS”!
I no longer believe in a movement that makes too much noise. The group planning to overthrow the most corrupt president (illegal) should just do a swift overthrow and will not announce the attack!
Thanks Tounge!
“Statement of Awareness and Action”
“We, Junior Officers of the Philippine Army (PA), Philippine Air Force (PAF), Philippine Marines (PMar), Philippine National Police (PNP), Philippine Navy (PN) Fleet, are painfully aware that the supposed Constitutional foundations of this administration are grounded on illegitimacy, abuse and impunity….”
Pretty strong statement by the above officers and combined with CBCP’s radical change in the govt, perhaps something is brewing.
The evil bitch is so thick skinned that none of these pronouncements will penetrate her skin! If at all, she may even use these as justifications to declare Martial Law. When will the citizens ever learn?
If the evil bitch could overthrow a legitimate pesident and supported at that by the Chief Justice( of all people!), then cheated in an election operated by the military, then day after day has been caught in anomalies where she and her husband are linked yet she is able to get away from all of these grave abuses! WHO IS STUPID? It is the PEOPLE who simply watch as she destroys all the institutions, parcel off our patrimonies and continue to corrupt the system. Will the people wait until she completes her appointees in the Supreme Court? That would be the day when the last nail will be on the Filipino coffin!
Puro dada, hindi pa umarya. Binibigan pa ng babala ang ungas para makaligtas. Ano iyan? Kung mag-aaklas sila, arya na! Ano ba ang hinihintay?
Koek ka dito Para sa bayan: “I no longer believe in a movement that makes too much noise. The group planning to overthrow the most corrupt president (illegal) should just do a swift overthrow and will not announce the attack!”
Kulang na lang nagpa-advertise. Ano ba yan?
Typo error. It should be “Korek”.
But it still pays to observe closely. Let’s not rule out “coup me”.
They could be brewing a “coup me” instead. Yup, dapat sa impakta ay “swift” kill!
Thanks for the responses. I get excited by pronouncements like these yet doubts fill my mind whether this is the real deal or not. I remember, in the Nov. 29 Manila Pen incident, it was this same website that came out with a statement or something. I remember because the message was also signed “Parasabayan”.
chi, that entered my mind, too. In Manila Pen, it was civil society groups headed by the ex-nun that was said to be pushing the Magdalos but they didn’t even show up!
With the holidays coming up and all these vultures need money to buy gifts for everyone, this “coup” rumor (just that) seem to be a working “solicitation”. The impeachment fetches millions for each of the representathieves. How much will the bishops get? How about the euro generals? Will each of these generals get a ranch in Australia? It is a vicious cycle and everyone has his/her own gimmick to drum up “tongpats”! Pathetic!
Who are being framed this time? Gen Lim and Sen Trillianes sure looked abandoned at the Manila Pen incident. I hope that there will be no “suckers” this time around.
Tongue,
Ah, kaya walang binatbat sa akin ang civil society groups and that ex-nun, nang-EEWAN!
Tongue, someone sent you message. I forwarded it to you. Please check e-mail.
Yan ang maganda dito sa blog na ito, nagkapikunan man sa issue ni Obama at McCain, pagdating sa isyu ni Gloria, nagkakaisa pa rin. Ang problema pa rin ay kung paano magiging halimbawa ito para sa masa at maipakita sa mga hindi nag-iinternet na mali ang akala nilang walang nakahandang suporta galing sa middle class.