Verdadero is counsel for Brig. Gen. Danilo Lim, then the commander of the First Scout Rangers Regiment and 14 other Rangers and one member of the Army Special Forces, Capt. Dante Langkit.
The 14 other Rangers are Lt Col. Nestor Flordeliza, Lt. Col. Edmundo Malabanjot, Maj. Leomar Jose Doctolero, Capt. Montano Almodovar, Capt. Isagani Criste, Capt. Joey Fontiveros, Capt. Frederick Sales, Capt. James Sababan, Capt. William Victorino Upano, 1Lt Ervin Divinagracia, 1Lt Sando Sereño, 1Lt Jacon Cordero, 1Lt Homer Estolas, and 1Lt Richiemel Caballes.
Verdadero’s clients are some of the 28 officers imprisoned by the Arroyo government since July 2006 and charged with mutiny and conduct unbecoming of an officer and gentleman (A.W 96) in connection with the alleged plan of some members of the military to join a rally by civil society groups who, at that time, were enraged by the revelations heard in the “Hello Garci” tapes of Arroyo directing the tampering of election results through then Comelec Commissioner Virgilio Garcillano with the help of a number of military officials.
Verdadero used the definition mutiny of the US manual for courts martial, after which the AFP Manual for courts-martial was patterned: “Any person with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny.”
Verdadero said, “As testified to by Ambassador ( Generoso) Senga, then CSAFP , and confirmed by Vice Admiral (Mateo) Mayuga, when he testified, after talking with General Lim, Col Querubin and General Miranda in the early morning of 24 February 2006, the 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. So he ordered them to go home. And they followed CSAFP’s order to go home. “
Verdadero said, in fact, when Maj. Gen. Rodrigo Maclang, then the deputy chief of staff for intelligence, called Lim up at 4:30 a.m. And advised him to put himself under custody, his client was at home, asleep. “Is that a person who would commit mutiny?”, Verdadero asked.
One of the two star witnesses of the prosecution was Brig. Gen. Jonathan Martir (the other was former AFP Chief Hermogenes Esperon) who testified that when he went to the office of Maj. Gen. Renato Miranda, then the Philippine Marines Commandant, at one o’clock in the morning of Feb. 24, 2006, he saw General Lim, in civilian clothes, with Col. Ariel Querubin. He said he heard Lim call someone and say to proceed in front of the Marine headquarters.
Verdadero said the reason why Lim was there was because he had no car. He hitched a ride with Miranda from the meeting with Senga. The person he called, Verdadero said, was his driver, Castillo.
“Is Castillo here?”, Verdadero tried to look for the driver in the courtroom last Thursday but he could not be found.
“Does that constitute mutiny?”, Verdadero directed his question to the panel headed by Maj. Gen. Jogy Fojas.
Atty. Trixie Angeles, counsel for Lt. Col. Achilles Segumalian and Maj. Jason Aquino, brought out a good point. She said the prosecution wants the court to believe that junior officers (the most senior was a major) of the First Scout Rangers Regiment planned the mutiny and was implemented by the Marines.
She said the officers who were supposed to implement were star-ranked. The scenario painted by the prosecution, Angeles said, “boggles the mind.”
To belie the allegation of the prosecution that the Scout Rangers were planning to arrest Arroyo, Verdadero said GMA was scheduled to come to the FSSR headquarters in Camp Tecson in Bulacan Feb. 25, 2006 to inaugurate a housing project for enlisted men. If they had intentions of harming her, “Sana hinintay nalang nila ang pagpunta ng mahal na Pangulo doon at pinugutan ng ulo,” Verdadero said complete with hand gesture cutting the neck.
“No,no, Your Honor,” protested Verdadero. “Hindi nila magagawa yan sa ating mahal na pangulo.”
Verdadero said the testimonies of the prosecution witnesses talked nothing but ideas, plans and discussion.
In concluding his motion, Verdadero quoted William Winthrop, the world well-acclaimed authority on military law and justice: “While the intent indicated is essential to the offense, the latter is not completed unless the opposition or resistance be manifested by some overt act or acts, or specific conduct. Mere intention however deliberate and fixed, or conspiracy however unanimous, will fail to constitute mutiny. Words, alone, unaccompanied by acts, will not suffice.”
Seven of Verdadero’s clients- Flordeliza, Malabanjot,Sales,Divinagracia,Sereño,Cordero, Caballes – were acquitted last Thursday.
On Oct. 27, we will know of the court’s decision on the rest of the respondents.
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Click below for Verdadero’s
Motion For A Finding Of Not Guilty …
The prosecution knows that Ma’am Ellen. Tis the reason why TJAG saw no probable cause, right? Now, this Esperon is another animal. He wouldn’t have any recommendation of that sort, so he overturned the findings and ordered the filing of charges even if he knew they had no case. The intention really was to dilly-dally with the proceedings and make the accused rot in detention. That was clear as day. Any lawyer worth his salt, like our SnV here, would have won the case for the detained soldiers. Anyway, good job Attys Verdadero and Angeles. You got cojones for accepting this case. May your tribe increase!
Esperon’s fantastic attempted mutiny has no basis. He wanted to show his canine loyalty to Gloria Arroyo and persecute those military men and women exposing the Hello Garci political scam. He is rewarded for the demolition job well-done.
Attempted mutiny????? No way Jose’.
http://www.malaya.com.ph/dec08/metro1.htm
The most basic basis for mutiny: Three of you disobey an order constitutes mutiny — that’s basically it!!!
No need to be a lawyer to know that, no need to be a military jurist to understand that, etc. No need to be a Constitutional expert to know that. Any tom, dick, and harry of a foot soldier will understand that… What didn’t the AFP under Esperon didn’t understand about it?
Again: Did three officers/soldiers disobey a superior’s order or Senga’s order for that matter? If answer was no, there was no mutiny.
Really, really, really, really, really simple.
No wonder investigating board/panel or whichever military group was ordered to investigate the February 2006 incident couldn’t find any reason to charge officers with mutiny. They obeyed, didn’t they?
That Esperon later on overtunred the findings of that panel/board was extraordinarily un-military.
Major Aquino, I understand, was seconded to Esperon while the latter was Army chief???
Did he disobey Army chief’s order? Let’s say for the sake of arguement that Aquino did. Still doesn’t contstitute mutiny. Must be three of them to do it (together) to even remotely consider disobedience mutiny.
Obviously, there’s more to disobedience to superior order for the charge of mutiny to stick. But bottom line is, there was no disobedience, no violence, no threat…
If they’re talking abotu the standoff at Fort Bonifacio, even there, they stood down and went back to barracks. No mutiny; other charges may stick but not mutiny.
In any case, if there was mutiny (which I don’t believe there was) and they really wanted to punish the officers, soldiers, etc., i.e., make an example of them or to enforce discipline and discourage any member of the AFP from ever committing mutiny, the military tribunal should sentence erring officers to death (firing squad) which is a punishment for mutiny.
Can they do that? Can this government and it’s military leadership do that? No? Then all these monkey trials are wasted salive and a total waste of precious rations. Puro yabang lang si Esperon and the rest of the AFP leadershp but they can’t even stick to military rules.
Justice is served,wala pa bang atonement!
Pinahaba lang talaga, wala namang kaso.
Hanggang ngayon ay asar na asar ako kay Yano dahil sa dishonorable dismissal ng 40 sundalo. Ano ba ang rason talaga dun ni Yano, dahil gusto lang niya na ipakita kay Gloria at Asspweron na he’s their guy?
Ibalik sa serbisyo at bigyan ng karampatang benefits ang 40. Sinira lang ni Yano ang serbisyo nila.
Anna, Aquino was never seconded to Esperon.
The officer who was aide to Esperon before was Capt Montano Almodovar. He is one of the 17, whose motion for dismissal would be decided on Oct. 27.
The other two officers who were under Esperon before are Capts Ruben “Gino” Guinolbay and Dante Langkit.
Ah, is that so? Wasn’t sure but I knew one of them captains… Thanks, Ellen.
– AdeBrux
They can start shooting Angelo Reyes, Gen. Espinosa, etal.