(Sitting)Lt. Col Malabanjot, Col. Caringal, Lt. Col. Flordeliza
(Standing) Capt. Guinolbay, Maj. Fernandez,Capt. Sales, Capt. Aurino, 1Lt Sereño, 1Lt Caballes, 1Lt Divinagracia, 1Lt Cordero.
Ruling on 17 remaining defendants deferred
by Victor Reyes
Malaya
A military tribunal yesterday cleared 11 of the 28 military officers facing court martial for the alleged attempt to overthrow the Arroyo administration in February 2006.
Statement of the Magdalo group of officers who are also in detention for the Oakwood and Manila Pen incidents:
We welcome the acquittal of 11 of our brother AFP officers who have languished for more than three years, unjustly detained in several military camps.
We laud the efforts of their defense lawyers, who stuck by these officers despite great odds.
But most of all, we raise our hats to these fine officers and gentlemen, for their unflagging devotion to their principles, and wish them all the best as they continue their service to God and country.
For our other brother officers and lone sister officer still facing the bar of justice, we urge you to stand fast and stay the course.
We sincerely hope that the AFP acts with extreme urgency and utmost fairness in finally bringing the matter to a just and humane conclusion.
Two Marine and nine Army officers were acquitted for lack of evidence.
The highest ranking was Marines Col. Januario Caringal.
Also cleared were Lt. Colonels Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez (Marines); Captains Ruben Guinolbay, Frederick Sales, and Allan Aurino; and 1Lts. Ervin Divinagracia, Jacon Cordero, Sandro Sereno, and Richiemel Caballes.
The 17 other officers still on trial are led by former Marines commandant Maj. Gen. Renato Miranda, former Scout Rangers head Brig. Gen. Danilo Lim, and Medal of Valor awardees Col. Ariel Querubin and Lt. Col. Custodio Parcon.
Others are Col. Orlando de Leon, Col. Armando Bañez, Lt. Col. Achilles Segumalian, Maj. Jason Laureano Aquino, Maj. Jose Leomar Doctolero, Capt. James Sababan, Capt. Montano Almodovar, Capt. Joey Fontiveros, Capt. Isagani Criste, Capt. William Upano, Capt. Dante Langkit, 1lt. Belinda Ferrer, and 1Lt. Homer Estolas.
The court deferred its ruling to Oct. 27 on the 17 pending review of the evidence against them.It will issue
The 28 have been in detention since 2006.
Defense lawyer Vicente Verdadero said the ruling is a victory for the defense.
“Firstly, because the allegation of conspiracy is already gone. It’s dead now. There is no longer conspiracy,” he said.
Verdadero said the accused were cleared by the court because no witness or documentary evidence linked them to the supposed mutiny.
“(It’s) on the ground that they were not mentioned at all, no evidence, no single piece of evidence, none against them, 11 of them,” he said.
Verdadero represents Flordeliza, Malabanjot, Sales, Divinagracia, Sereno, Cordero, and Caballes.
Verdadero also said there is no block for the return to service of the 11 officers. He said the prosecution could not move for reconsideration because it is an acquittal.
But Verdadero said he was not sure whether the officers would want to return to the service.
The court, headed by Maj. Gen. Jogy Leo Fojas, asked the prosecution to coordinate with the convening authority, AFP chief Gen. Victor Ibrado, for the release of the 11 officers.
Earlier yesterday, the defense filed a motion for a finding of not guilty, weeks after the prosecution presented its last witness — former AFP chief Hermogenes Esperon who is now head of the Presidential Management Staff.
The defense moved for the clearing of the accused shortly after the prosecution rested its case.
Under the military justice system, the accused can move for a dismissal after prosecution rests its case. If the motion is denied, the defense can proceed with the presentation of its witnesses.
“The court unanimously found meritorious the motion of finding them not guilty,” the court said in its ruling.
“The TJA (trial judge advocate or the prosecution) will report to the convening authority for their release order,” the ruling added.
On the 17 remaining officers, Verdadero stressed the court did not deny their motions. “It’s just deferment,” he said.
In the case of Lim, Maj. Leomar Jose Doctolero; Captains Isagani Criste, Montano ALmodovar, Joey Fontiveros, Dante Langkit, James Sababan, and William Victorino Upano; and 1Lt. Homer Estolas, Verdadero said while their names were mentioned in documentary evidence and by witnesses, there was no evidence to prove they committed mutiny or attempted to commit mutiny.
Citing the US Manual for Courts Martial, Verdadero said an accused may be found guilty of attempted mutiny if there is an overt act; if the act was done with specific intent to commit the offense of mutiny; if the act amounted to more than mere preparation; and if the act apparently tended to effect the commission of the offense of mutiny.
“With the above definition of attempted mutiny as the yardstick, the evidence of the prosecution could not sustain the charge of attempted mutiny. There is not a single overt act show in the prosecution evidence which could be considered as constituting an attempt to commit mutiny,” he said.
Verdadero said the testimonies of prosecution witnesses and their documentary evidence “talk about nothing but ideas, plans, and discussions among some of the accused but they did not mention or describe how any one of the accused did perform any overt act that could be considered as attempt to bring into fruition the alleged ideas, plans, and discussions.”
He noted the testimony of former AFP chief and now ambassador to Iran Generoso Senga who detailed a meeting in the early morning of Feb, 24, 2006 with Lim, Miranda and Col. Ariel Querubin.
Reports said the three officers informed Senga of their plan to provide leadership to a group of junior officers who were joining the protest rallies. Senga, however, told the officers not to pursue their plan.
“…(T)he three officers agreed not to push through with their plan to provide leadership to the military elements who could not be dissuaded from joining the protest march on 24 February,” said Verdadero, adding Lim went home and asked his superiors to place him in custody.
“General Lim, therefore, did not commit mutiny or attempted to begin mutiny because he did not create any violence or disturbance and neither did he resist any order of his superior, two elements required in mutiny,” said Verdadero.
Photo caption:
1. Everybody is happy. Capts Guinolbay and Aurino.
2. After the verduct, the officers said a prayer of thanksgiving.
3. Jopie Sales sharing they joy.
Congratulations to the 11!
No yehey yet to the remaining 17!
Does this mean that Gloria is really going?
Good news! The eleven Tanay Boys should file illegal detention and damages against Mr. Esperon. They suffered a lot while in jail for three years. The real criminals are in Malacanang Palace.
Oct 17, that’s less than two weeks from now. Pawalang sala sila lahat, wala naman talaga e! Kaput na si Gloria, wala na kayong aasahan dyan. Iba na ang Commander-in-Chief ninyo by the noon of June 30, 2010. In fact, Gloria is now being disobeyed by the courts of (in)justice. Huwag na ninyong ibitin sila at pahabain pa ang next week.
After June 30, pwede nang idemanda si Gloria Arroyo, di ba? Gloria and her Asspweron should be joined together forever and ever in jail.
Basta hindi lang si Villar ang manalo, meron pag-asa ang kakaso sa kanila.
Ellen, balik ang 11 sa serbisyo?
Took them so long… Imagine the fact finding board or investigating panel had already said, there was no mutiny — that should have cleared them long ago.
In the UK military, it would have been very very difficult, almost unheard of (except at war time) when findings of the military fact finding board (investigators) are overturned by the chief of defence force.
Napailing ang husband ko when I related the story to him about Esperon’s overturning the official recommendations of the JAG.
Unahin nila si Assperon. Wala siyang immunity sa demanda. Kaya lang nag-tatago sa ilamim ng palda ni Gloria. Noon una walang ebidensya laban sa mga Tanay Boys. Binago niya ang unang desisyon ng military court. Tingnan natin kung ano ang sinabi niyang prerogative ng AFP chief.
At last the long wait is over!!!.. My uncle Capt Sales is finally free!!dapat lang magfile sila ng illegal detention, sa hirap ng dinanas nila tsaka yung thought na lang nawalay sila sa mga pamilya nila dahil kinulong sila na walang katuturan.
I share your happiness for your uncle Capt Sales, ron.
Ka Diego, wala na rin immunity si Gloria after June 30, di ba? Yup, unahin na nila kaagad si Asspweron na idemanda. Walang power si Gloria, wala rin si Ass.
Thank you Chi,at least happy na sya to be reunited with his family, tagal din ng 3 years.
Balik serbisyo po ba silang lahat?
Oo dapat talagang unahin si Esperon, isa sya sa napakaraming salot sa AFP na sumisira sa pangalan ng ahensya..
Yes, They will be returned to service because the court did not find any evidence of their involvement in the alleged mutiny against Arroyo. They should not have been charged in the first place.
Imagine it took them three and a half years to see that. Three and a half years in detention!Capt. Divinagracia’s wife died while he was in detention.
Their careers had been affected because of their contemporaries have already been promoted to a higher rank. Some of them, the senior officers, are not thinking of returning to service.
Ron, in the third thumbnail photo, there’s Erick’s wife Jopie (in yellow), very pregnant and very happy.
Thanks, Ellen. I remember Capt. Divinagracia’s wife, nakakalungkot…sana mauuwian niya kundi lang sa bruhang Gloria at Asspweron na yan.
For the senior officers who won’t return to service, Godspeed.
For those who chose to remain in the service…thank you, we need you more than ever for the public’s renewal of faith to the AFP.
Great news indeed not just for the officers but for their families who suffered a lot! Going to Tanay on a regular basis is not as easy. If you do not have a private vehicle, five transfers to get to the detention center. The walk from the main gate to the cell is rather loooong. The legal fees took bulk of the resources of these officers so less food for their families. Some of their kids stopped schooling even. Hindi biro ang ginawa ni asspweron at ni boobuwit sa mga officers na ito. If asspweron erred, he should be punished.
Chi, re “Oct 17, that’s less than two weeks from now.”
Sorry, it’s Oct. 27. I made a typo error earlier.
Siguro pati yung nasa tiyan ni Jopie Sales ay nagtatarang sa tuwa 🙂
Nakakasaya na sila ay makita ng ganyang malaya.
How about their positions? These men are already overtaken by their junior officers. It is not that easy to slip right into the force and everything will be as it was before.
O.T.
Don’t know if this was mentioned in other threads, but I came across this news article about B/Gen. Danilo Lim joining Erap’s ticket in 2010 elections. And Ariel Querubin to Villar’s? What????? Why?????
http://www.abs-cbnnews.com/nation/10/15/09/lim-joins-erap-querubin-np
Marlyn( Capt Divinagracia’s late wife) should be very happy now too.
E, mali rin ang matik-matik ko, hehehe.
Anyways, huwag na sanang i-postpone ule, they all deserve to be free. Sana pati si Sonny Trillanes and fellow Magdalos.
Manang Ellen, it is great to read of this good news! Congratulations to the 11 as well as their families.
On the other hand, I hope we all realize that the fate of the remaining 17 is yet to be determined. Let us not pre-empt it by making unnecessary comments. Remember, there are eyes and ears everywhere. If we really care for ALL of them, we will zip our mouths for now(or keep our hands off the keyboards)and show our support with prayers and well wishes…
Mike, let us respect the decisions of Gen Lim and Col Querubin on their political affiliations. None of the presidentiables are spot free. Noynoy is backed by the elite, the nuns, priests and his sisters. For nine years as a legislator, how many laws had he passed? Chiz may be promising but who is backing him? Danding Cojuangco. The same man who had enriched himself administration after administration. Gibo may be a Harvard graduate, good looking etc but who is backing him? None other than the boobuwit. Only Erap and Villar are running on their own merit. They are not controversy free but obviously these men plotted their destiny and they got to the top on their own “pagsisikap”. Erap made mistakes, a lot of them but let us face it, his sins pale to that of the boobuwit’s. Villar’s C5 pales to that of the road improvements made in Hacienda Luisita. Did anyone object to the road improvement in the Hacienda? At least Villar put the government money in something tangible, the C5 extension. Yung iba dyan, ibinubulsa na lang nila yung pera. Both of these men, Erap and Villar planned their courses. They did what they have to do to improve their chances for a top position. As far as I know, these two men are both tested. They are not perfect but they have the heart for the country. If I were to decide for myself, I would rather align with someone who has the passion to serve and has an organization. Both Lim and Querubin are detained. How can they reach the grassroots if they do things on their own? The bottom line is, they have to have affiliations with parties. Rather than affiliate with the known elite presidentiables, I will go with the one who is more affiliated with the poor!
Socorro, you are absolutely right. The 17 are still not off the hook. Let us continue to pray for them. Contary to what we may think, justice is not always equal in our country. It is too early to rejoice. Until I see all of the Tanay boys freed, I will be on a cliff hanger.
I hope that the 11 freed officers will take a leave of absence from their jobs for now and enjoy the holidays with their families, this is if they can.
ang importante,maging manalo silang dalawa,bilang senators,I agree with you,parasabayan.
Besides, who brought the case against Erap? The same people who are now behind Noynoy. Who was the main witness against Erap? Sabit swingson, a known gambler, womanizer, now even a wife beater, crook etc…etc…Who brought the case against Manny Villar? Jamby Madrigal who at one time was crying because Enrile told her that her parents were associated with the Marcoses. No wonder she herself is a billionaire. The other accuser is Lacson who himself is now implicated in a double murder. The latter is even tougher than tough. We all know that most of these allegations are politically motivated but we ride on them somehow.
Tama na sana ang siraan dahil alam naman natin na wala ni isang santo sa mga presidentiables. Let us just look at the platform, a history of sucessess (in politics and in their personal businessess). How a man carries himself and his family will reflect on how he can carry the country.
Sa totoo lang, kahit na sino ang mananalo sa mga presidentiables na ito, nandito pa rin tayo sa Ellenville in the next 6 yrs and beyond. Pupusta ako dyan! Dahil ang mananalo ay minority president pa rin. Granting that the winner can even get 25% of the voters, magrereklamo pa rin ang 75%. We can not please all Filipinos. Siguro ang dapat nating gawin eh tumulong na lang in our own small way to help our leaders do good for the country. Kung masama ang pamamalakad, tanggalin. Huwag tatanggap ng suhol at huwag magsamantala sa kapwa. The Golden Rule is still the best!
Ellen is the best example. She may not agree with all of us but she allows us to freely voice our opinions. She tells the story axactly as it is. Bahala na tayong umayon o hinde. It is impossible to unite the Filipinos. We just have to work with the little resources we have. We have to work with a rotten system and the rotten politicians. Marami tayong probnlema talaga. Kung ngawa lang tayo ng ngawa, walang mangyayari sa atin! Let us do our share at least.
If we think that Lim and Querubin can stand up in the Senate for us, then let us elect them. Pwede namang magrebelde yang dalawang yan sa kahit na sinong sinamahan nilang kandidato kung hindi tama ang nakikita nila. For these two, it had been proven so many times. They would have been in the highest position of the military but they opted to go with the people. They are selfless. Kung kaya nila ang maging selfless, let us at least give them a chance!
“Only Erap and Villar are running on their own merit” I agree with you.
Who will forget the devastating brownouts of Cory’s time and the enrichment of Aboitiz who was the Secretary of Energy then. Or the deaths of a dozen Hacienda Luisita striking workers. Di nga nakita anino ni Noynoy sa burol ng mga namatay na trabahador, pwe elitistang plastic.
Or the scandalous ‘CARP’- Agrarian Reform Law of CORY AQUINO. Shares of stock for land provision of the Cory’s CARP had allowed the elite including the Cojuangcos and the Aquinos to retain control of their vast agricultural holdings.
Honestly I find Noynoy a weakling, Kris has more balls than Noynoy.
From Marilyn Sicat:
Thanks God. Kindly extend to the military officers na cleared from 2006 Coup. Congratulations sa kanilang lahat (binantayan ko ito kagabi sa Channel 2 – Bandila ) at least may konting liwanag na tayong natatanaw.
Gayundin sa 17 pang Officers na patuloy ang aking prayer (lagi kong kasama ito sa mga intention sa aking pagrorosary and the month of October is a Rosary month) na ma absuwelto na rin sa kaso at maayos na ito. Mabuti naman at naliwanagan na rin ang mga nasa prosecution panel.
God bless us all.
Statement of the Magdalo group of officers who are also in detention for the Oakwood and Manila Pen incidents:
We welcome the acquittal of 11 of our brother AFP officers who have languished for more than three years, unjustly detained in several military camps.
We laud the efforts of their defense lawyers, who stuck by these officers despite great odds.
But most of all, we raise our hats to these fine officers and gentlemen, for their unflagging devotion to their principles, and wish them all the best as they continue their service to God and country.
For our other brother officers and lone sister officer still facing the bar of justice, we urge you to stand fast and stay the course.
We sincerely hope that the AFP acts with extreme urgency and utmost fairness in finally bringing the matter to a just and humane conclusion.
Hindi ako tunay na masaya para sa mga naabsuwelto/napalaya sapagkat nakapiit pa rin ang mga kasamahan nila.
Sige, napalaya na silang mga nauna. Paano ‘yung suweldo at mga allowances nila for those anguishing periods? Three years and a half ba?
Hindi na bale ‘yun! Pera lang ‘yun. Kikitain pa rin. Hanggang bulsa nga lang.
Paano ‘yung sakit ng kalooban at paghihirap ng mga umaasang sa loob ng ganoon kahabang panahon ay ipinagdusa nila? Paano ‘yung buhay ng minamahal na nawala na dapat sana’y nasagip kung hindi lamang sa pagiging manhid ng mga nagpakulong sa mga inosenteng opisyal? Maibabalik pa ba nila ‘yun?
Ano naman ang sasabihin ng …esperon pati na rin si gloria?
Ay em sori na naman?
Palibhasa’y hindi nila naranasan ang makipagpatintero kay kamatayan habang nasa labanan kaya ganyang wala sila sa tamang katwiran!
‘Yung pagkaka-discharge sa mga enlisted men na idinamay nila’t ipinakulong din, paano na ‘yun?
Their officers were found innocent for lack of evidence, released and were allowed to return to their mother units, kaya maliwanag na walang bisa ‘yung pagkaka-discharge sa kanilang mga tauhan and therefore should be reinstated by the service commander.
…..should be reinstated by their respective major service commanders.
MP, sinabi kahapon ni Capt. Guinolbay yung tungkol sa 40 na enlisted who were discharged without trial. He was appealing for their reinstatement.
From Kabayong Bakal:
Isang malaking tagumpay ang pag palaya sa 11 officers. Sana mapawalang sala din yong 17 naiwan.
Paki regards mo ako sa kay Col. Malabanjot. Maaring hindi na niya ako maalala dahil sa tagal ng panahon. Sa internet na lang tayo nag babalitaan at kumustahan.Na kasama ko siya noon 1981 sa Special Warfare Brigade na nag parachute sa Fort Magsaysay.
Kung siya nga ang aking itinutukoy, ako ay naging “stick leader” ng isa sa aming patalon noong panahon na iyon.
Mabuhay ang kawal Pilipino!
KB
Maraming-Marami salamat sa mga dasal ng mga nagmamahal sa mga Magdalo Soldiers.Ang katarungan ay na-igawad sa kanila
at maibalik ang mga karangalang, pansamantalang nangawala dahil sa ” selfish ” or pangsariling motibo ng nag-pabilango sa kanila. May hangganan ang lahat-lahat, at may
akmang parusa sa mga taong may kaisipang panglupa, at ang magpayamang ninakawan, na di kanila, Tunay na nag-aari ay ang buong bansa, o si Juan de la Cruz. Sana ang natirang 17
ay makamtan din nila ang kalayaan, bago magtapos ang taong,2009.
Clarification lang. Yung 11 na acquitted do not belong to the Magdalo group who stood against Gloria Arroyo in Oakwood in July 2003 and Manila Pen in November 2007.
They do not belong to any particular group. They were implicated (wrongly) in the alleged plan to withdraw support from Arroyo in February 2006 following the expose of the “Hello Garci” tapes which showed Arroyo rigging the results of the 2004 elections with then Commissioner Virgilio Garcillano with the help of some military officials.
Natuwa ako sa interview kay Gino Guinolbay kanina sa Umagang Kayganda. Sagot niya sa tanong ni Anthony Taberna kung ano ang natutunan niya sa loob ng 40 buwan na pagkakakulong, natutunan daw niya na walang puwersa ang hihigit pa sa kapangyarihan ng Diyos, at natutunan din niya na ang kapangyarihan sa kamay ng mga abusado ay delikado at masama. Akala ko magiging magnanimous siya at palilipasin na lang sa ngayon ang “kasalanan” ng mga mandaraya at kurakot. Mabuti’t naihabol yung mensahe niyang iyon. Patunay lang na nagaalab pa rin ang puso nila para sa katarungan at katotohanan.
Mabuhay ka Gino at ng sampung kasama mo. Mabuhay ang Hero ng Lamitan!
They among us Filipinos, are not coup plotters. That is meddling in political affairs of the civilian government. That is only for crude gunmen. But they among us, are professional soldiers who were just fulfilling their mission to defend our nation against foreign invaders collaborated by GMA. We have been invaded by the Americans and the Chinese who are now in control of our military, economy, and political system. That is why we Filipinos today, have not any more been able to be in control of our own military, economy and political system. GMA has been collaborating with them– our enemies. This is an act of treason.
With the first opportunity, soldiers among us should capture and throw into prison, GMA.
With firm resolve, we will eventually be able to liberate our nation from the clutches of these invaders. Let us recover our own nation taken away from us. That will be the time when we can all come home!
Mabuhay ka rin Atty. Vic Verdadero, hindi ka sinawaan o pinanghinaan ng loob sa baluktot na hustisyang gustong ipilit ng mga kampon ni Arroyo sa pamamagitan ni loverboy Assperon. Hindi na nila mababaluktot ang acquittal. Alam ni Fojas na bilang na ang araw ng mga kawatan sa buong AFP sa ilalim ng pamumuno ng Chief Kawatan at sa isang taon ay mapupunta na lang sila sa factory ng yelo kung di nila itatama ang kanilang magiging desisyon.
Inuna muna ang 11 para magbangong-puri. Isusunod na ang 17 dahil sa loob ng 7 buwan ay meron pa rin impluwensiya ang mga salot sa AFP.
Simulan na ang paglilinis ng AFP upang mabilis na maibalik bilang isang propesyunal, makabayan, at makatarungang organisasyon.
Matagal nang kilala sa katrayduran ang angkan ni Glueria na Macapagal mula pa kay Juan Macapagal na nakipagsabwatan sa mga kastila.
I just hope magbayad na si Gluering sa mga kasalanan niya.
Congratulations to the Defense Counsel.
Mukhang jump ship na ang mga sipsip, dahil bilang na ang araw ng mga kapit tuko. Naalala ko tuloy ai Prospero Olivas, who to the last day, ay rabid batang Macoy. Tapos, noong ma-capture yong Channel 7 ba yon, ay biglang nakita sa TV, asking people to join people power.
Harapin naman sana nila yung batang officer na nakulong dahil nagpamigay ng video ni Erap. Kulang din ang elements of the offense doon, base sa US v. Wilcox, found here:
http://www.armfor.uscourts.gov/digest/IB8.htm
Patatagalin na naman yan, tulad nitong kasong ito, kahit na walang ebidensya, para lang humaba ang pagkakulong. Magpaparada ng maraming inconsequential witnesses tulad ni Esperon. Aminin na lang ang act, not the crime, para wala nang pangangailangan pang mag-trial. Question of law lang naman yan, kung bawal ang ginawa niya o hindi, walang question of fact.
Mas simple yung kina Danny Lim, because he obeyed orders from Senga, he went back to the barracks. So walang mutiny, dahil walang disobedience. Inuna lang yung maliliit, to test the waters. Kung baga sa volleyball, ito ang setup toss, before the spike.
SnV, the court martial trying the case of Lt. Artemio Raymundo, the officer who has been detained by Brig. Gen. John Martir for three years now for sharing with fellow soldiers the video of Erap he got for free at the LRT station, suddenly scheduled a hearing last week.
They gave out the notice late afternoon of the day before the hearing. Atty. Bagares had a scheduled appointment so he asked for a resetting on Oct. 23. But the law member of the panel is not available on Oct. 23. They are still looking for a common date.
It was unfair for the court to call a hearing less than 24 hours before the hearing. The notice should be at last three days before the hearing.
There was also no quorum because two members of the panel were challenged by Lt Raymundo.
Mukhang nasisilip na sila to resolve the case very soon. It’s so unfair to Lt Raymundo.
SnV:”Mas simple yung kina Danny Lim, because he obeyed orders from Senga, he went back to the barracks.”
That was the reason cited by the panel that investigated the incident in dismissing the charge of mutiny. But Esperon overruled it and charged them anyway.
Mabuti naman na on spot si Capt. Guinolbay at mga kasamahan sa 40 AFP tauhan na nadismis earlier…
Walang iwanan!
Tongue,
So glad that Gino Guinolbay said those words, maalab pa rin para sa pagbabago.
Mabuhay Captain Gino, Hero of Lamitan! Mabuhay kayang lahat.
Sa 17 natitira na Tanay Boys and a Lady, and to Senator Sonny and fellow Magdalos still encarcerated….konting tiis na lang.
Harapin naman sana nila yung batang officer na nakulong dahil nagpamigay ng video ni Erap. Kulang din ang elements of the offense doon – atty sax
Sana naman bigyan ng justice yan, talagang political persecution na malinaw ang kaso niya.
Ellen, thanks for the info on Lt. Raymundo.
__
Hindi na makakadeklara ng martial law si Gloriamus. Clearly, minamadali ng pamunuan ng AFP na magkarun sila ng bagong image by the noon of June 30, 2010.
Good to know Ellen. That stacks the deck in favor of the officers when they file their civil damages suit.
I would sue both the institution (sue the entity with the money) and Esperon, in his personal capacity, for the flagrant intent to cause the damage.
Pag-demanda, I would include both the officers, and their wives, dahil iba ang damages sa officers (their loss of freedom), at iba ang basis for the wives (mental anguish, etc.) Puwedeng ipanalo yan. Talo man, maduduguan si Esperon for the expensive attorney’s fees of Rondain, or some other well-paid fellow.
Cut to the chase. There is nothing to hear.
As I said earlier, aaminin ko, yes I distributed. The video is before the court martial, to evaluate the “tendency to promote disorder”. Then I will ask for a dismissal as a matter of law, because there is no offense based on the admitted facts.
In the case of US v. Wilcox (page 17) I cited above, the US Court of Appeals for the Armed Forces held that for a military man’s speech to be punishable, it must disrupt a mission, or tend to disrupt a mission. Yung disrupt in general, dahil nag-away sa barracks yung pro-Glue at anti-Glue, is not what is contemplated; that is constitutionally protected speech.
Umuwi si Raymundo sa barracks, probably binigay yung tape sa mga namamahinga, maybe they watched it while having some drinks. Based on that context, walang offense. There was no mission disrupted.
Additionally, the speech was not Raymundo’s it was the speech of the producer of the film. Para bagang, may nagbigay ng leaflet, sa back of the room, hindi maabot, so sinabing, Lt. Raymundo, pakipasa nga po sa likod. In that case, Lt. Raymundo is a mere physical extension of the arm of the leaflet passer. So even if it be assumed that the speech is prohibited, does that make him liable for the other guy’s speech?
Of course, kakambyo ang prosecution, and say that it was not speech, but conduct (action), because Lt. Raymundo did a physical act (distributing the video). But that ploy is demolished by the following statement in Bartnicki v. Vopper:
Mabuti na lang may Sax tayo. Explanation and citing of the provisions of the law to a layman’s language makes me understand the cases of the Tanay Boys and Lt Raymundo.
I like the counter suit part. This should deplete all the resources the asspweron had and continue to hoard while he is doing the “sipsip”.
No doubt the clearing and release of the 11 military officers has something to do with the leadership of Ibrado. If Esperon still has his way, nobody will be cleared and set free.
Now, Esperon the BOSS and Ibrado the LEADER compared:
Esperon loved to be the BOSS, who instills fear and demoralization among his men, while Ibrado is a LEADER who inspires and works for fairness, justice and unity;
BOSS Esperon loved to hate and bully his men into submission, while Ibrado has only understanding of their situation and problems;
Esperon’s loyalty is only to Gloria and her family, while Ibrado is to the country and constitution;
Lastly Esperon played a major role as part of the cheating machinery of Gloria during the last election; Ibrado was not involved in anything.
I heard good things about Ibrado. Sana naman hindi siya mahawakan sa leeg ni boobuwit!
Ellen,
Thanks for the info on the move of Capt Guinolbay re appeal for the reinstatement of the 40 EM who were discharged without trial but it should be the initiative of the the present AFP leadership under Gen Ibrado to voluntarily reinstate them to show its sincerity in giving new image to the stinking armed forces’ hierarchy left by Senga, Esperon and Yano.
Proves only Gen Ibrado lived and still lives within the frame of integrity and honor of the academy in particular and the noble soldiery in general.
Mabuhay ka, General Ibrado, Sir!
salamat po lord.. at pinakinggan ninyo ang mga dalangin na pawalan ng sala ang mga tanay soldiers sa pangunguna ni gen miranda at lim..prayers indeed is the answer when all corruption and evils in the goverment reign.. especially this fake president GMA pretending to be the leader of million filipinos..me isang dasal po ang mga mamamayang filipino, nasa kunin mo na lord ang mga demonyong ito at dalin sa kanilang dapat kalagayan… sa IMPYERNO..!!
Mungkahi ko lang kay Senator Trillanes. Bakit hindi magtatag ng Court of Appeals for the Armed Forces tulad ng US? Sa gayon, malalagyan ng mga appeals justices na may security of tenure, at hindi kailangang sumipsip sa may katungkulan. Sa gayon, patas ang laban kung naka-demanda ang kawal.
Sa ngayon, ang reviewing officer ay yun ding nagdedemanda, tulad ni Esperon. Babaligtarin mo ba ang sarili mo? Nagkataon lang na may puso para sa hustisya si Ibrado. Pero dapat ay batas ang umiral, hindi kabutihan ng tao – rule of law, not of men.
Maaari ding susugan na ang batas para sa kawal. Tulad ng sabi ng ating Kataas-Taasang Hukuman, nagbago na ang batas ng US para sa kawal, nguni’t ang atin ay ayon pa rin sa batas nila bago magdigmaan noong 40s.
May bill si Senator Biazon, pero wala ang mga puntos sa itaas.