By Tessa Jamandre
VERA Files
A military court will decide today on the plea—twice denied under the government of former President Gloria Arroyo—to exonerate 16 military officers facing mutiny charges for a supposed plot against her in 2006.
Update:
The court yesterday set another hearing on Sept. 24 for promulgation of this case. The hearing yesterday started with the court looking for the motions for reconsideration filed by the defense lawyers. Either the prosecution didn’t have them in their file or the panel didn’t get their copies. When the MRs were all found, the court asked the prosecution to make a comment within ten days from Sept. 9. Then they will issue the promulgation on Sept. 24.
This is the first time that the court martial proceedings will resume under the new commander-in-chief, Benigno Aquino III.
After two postponements, the court is finally expected to rule on the defense panel’s motion for reconsideration. The hearing was originally set for Aug. 27, then moved to Sept. 3. The last hearing was on May 21.
The motion asks the court to absolve the 16 officers of the charge of mutiny, which the court denied on Oct. 27, 2009. The accused appealed the decision, but their motion for reconsideration was denied just the same on March 2, 2010.
The 16 are among 28 military officers accused of rallying the military to withdraw support from the Arroyo government in February 2006. The officers charged came from the Marine Corps and the Army Scout Rangers. Former Marine Commandant Maj. Gen. Renato Miranda, along with eight Marine officers and 19 officers from the Army Scout Rangers had been charged with “conspiracy to attempt to create and begin a mutiny.”
In his motion, Vicente Verdadero, counsel for the accused Army officers, quoted William Winthrop, a world-acclaimed authority on military law and justice whose works have been cited in Philippine and American jurisprudence on military cases. Verdadero said that as a matter of evidence and as a foundation for establishing the criminal liability of the accused, the court needed to show that a mutiny actually took place.
Verdadero further argued that his clients could not be held liable for mutiny but only for conduct prejudicial to good order and military discipline. But neither can they be held liable for such offense because the court had already ruled that the period for filing charges on the minor offenses had lapsed.
Under military rules, the accused should be arraigned for minor charges within two years from the date the alleged crime was committed. Charges that have lapsed or prescribed include conduct unbecoming of an officer and a gentleman as well as conduct prejudicial to good order and military discipline, which are punishable by dismissal from the service. The panel of the Special General Court Martial no. 2 is then left hearing only the case of mutiny.
The motion argued that the soldiers’ behavior in February 2006—urging the AFP chief of staff and other officers and enlisted personnel to withdraw their support from Arroyo, and attempting to join the protest actions of civil society groups and the political opposition that were calling for the President’s resignation—did not constitute mutiny.
Twelve of the accused have already been acquitted, weakening the charge of mutiny in this case “where, as is usual, mutiny is a concerted act.” Citing Winthrop, Verdadero said in his pleading that “the charge is frequently joint, all or the principal of the offenders being accused together and tried together accordingly.”
Freed and now back in service are Col. Januario Caringal, Col. Armando Bañez, and Maj. Francisco Domingo Fernandez of the Marines. Also back in service are Army Lt. Col. Nestor Flordeliza (ret), Lt. Col. Edmundo Malabanjot, Capt. Ruben Guinolbay, Capt. Allan C. Aurino, Capt. Frederick Sales, Lt. Ervin Divinagracia, Lt. Jacon Cordero, Lt. Sandro Sereno, and Lt. Richiemel Caballes. Cordero and Caballes were recently promoted to the rank of captain.
Miranda, who retired while in detention, is now under the custody of the Marines along with Col. Orlando de Leon, Lt. Col. Custodio Parcon, Lt. Col. Achilles Segumalian and the lone female officer, Lt. Belinda Ferrer.
Brig. Gen. Danilo Lim and Marine Col. Ariel Querubin have been placed under the custody of Brig. Gen. Reynaldo Ordonez. Nine of Lim’s Scout Ranger officers, meanwhile, are under the custody of the Philippine Army.
At the Transient Officers Quarters in Fort Bonifacio now are Maj. Jason Laureano Aquino, Maj. Jose Leomar Doctolero, Capt. James Sabadan, Capt. Montano Almodovar, Capt. Joey Fontiveros, Capt. Isagani Criste, Capt. William Upano, Capt. Dante Langkit and Lt. Homer Estolas.
“Nowhere in the prosecution evidence is it found that the accused individually withdrew their support from the President, or urged the CSAFP and other officers and men to do likewise or that anyone of them tried to join the protest actions against the President,” Verdadero in his motion said.
In the afternoon of Feb. 26, 2006, while the country was under a state of emergency, around 600 Marines in full combat gear protested the relief of Miranda, their commandant who was being linked to a destabilization plot. Thousands of civilians also defied the emergency rule and showed up in Fort Bonifacio, armed only with prayers and fighting spirit in support of the Marines. Among the supporters were the late former President Corazon Aquino accompanied by her son, now President and Commander-in- Chief Benigno Aquino III.
The Marines protested the alleged cheating in the 2004 elections that favored President Arroyo and demanded that the Mayuga report be made public to reveal the truth on the “Hello Garci” controversy.
Gen. Hermogenes Esperon, who succeeded Gen. Generoso Senga as AFP chief of staff, is among the four generals mentioned in the tapes, purportedly from military intelligence wiretaps of what appeared to be President Arroyo talking to former elections commissioner Virgilio Garcillano about alleged plans to rig the election results. The February 2006 withdrawal of support was aborted.
Esperon, a “mistah” of Miranda in the PMA, ordered the detention of the 28 officers soon after he took over as AFP chief in July 2006. He also reversed the recommendations of a pre-trial investigation team that recommended the filing of minor charges, not mutiny, and then ordered the creation of a special court to try the officers for mutiny through an unsigned Pre-Trial Advice (PTA).
Forty enlisted personnel from the Army’s First Scout Ranger Regiment who were jailed along with these officers were dishonorably discharged on Christmas day of 2007 by Army Commanding General Alexander Yano, after being detained for more than a year. They never had a day in court.
A video disc of Lim purportedly declaring a withdrawal of support from Arroyo which the prosecution attempted to offer as evidence could not be counted because a mere recording does not prove that Lim actually withdrew support, Verdadero said. He pointed out that Lim did not air it publicly nor did he intend to.
The disc had been ordered recalled and withheld by Senga, who had been approached by Lim and Querubin about the alleged plan of junior officers to join a protest march to Edsa on February 2006.
Five months later, the disc found its way to the maiden telecast of the ABS-CBN news program Bandila. Esperon, in his testimony before the military court, denied being the source or having authorized the airing of the contents of the disc but said that it was offered to ABS-CBN on the initiative of then Colonel Gaudencio Pangilinan, now major general and head of the Northern Luzon Command.
Since the disc was aired long after the so-called withdrawal of support from Arroyo, the recording did not excite any officer or soldier, the motion stated.
In praying for exoneration for the remaining 16 officers, Verdadero in his motion said, “Their act of abandoning their plan was not resistance to obey an order but precisely to follow the order of General Senga and it showed that they had no intent to withdraw support from the President, nor violate the chain of command as they never had the intent to usurp, subvert and/or override lawful authority.”
May Atty. Verdadero’s motion be granted. Exoneration for these officers who dared make a stand against Gloria Arroyo’s cheating.
About time Elllen. The charge of mutiny is under the competence of military tribunals.
Gloria was a pervert so she tried to pervert the courts.
When they are finally acquitted, I wonder if these military officers can file counter charges against all the former CSAFPs for grave abuse of authority, illegal orders and illegally imprisoning them.
The charge sheet itself provides the basis for exoneration. It is charged that the accused committed mutiny by withdrawing, or inciting others to withdraw support from the Glue.
The President is not a military officer, so no offense has been committed, because an essential element of the offense does not obtain.
That is Carpio the former NBI director, not the justice.
So even if acts of resistance can be proven, since they were directed, not at a superior military officer, there is no offense in contemplation of law.
Assuming that acts of resistance can be proven, that proves the offense of sedition, not mutiny.
What plan? The plan to march to Edsa? Motion to dismiss charge is absolutely spot on. They obeyed the military order to go back to barracks, so what was wrong? There was absolutely no mutiny — even my dog could have told Senga that.
Senga, the so-called Mindanao veteran, the fellow whom Class 72 admired, didn’t have an iota of moral courage to stand up for his men. He left them in the lurch. He had all the frigging time — before he retired, to give marching orders to JAG to start cracking, resolve the case, acquite or convict, but he didn’t. That fellow is one of the most yellow-blooded generals I’ve ever had the misfortune to meet.
One of the fellows who could be blamed for dilly dallying, i.e., failing to be decisive when the going was getting tough, was MGen R Miranda. Had he not procrastinated at that particular moment — go or no go (but a decision befitting a marine general was required), things might have been different. Sorry, dear fellow, I know you have many admirers in Ellenville…but I sure ain’t one of them.
While I’m critical of Senga and Miranda, I reserve my harshest criticism for Esperon, the shithead with yellow scrotum, the man with absolutely no qualifications to become a 4-star general, the man who didn’t and couldn’t decide whether he was a soldier, a private bodyguard (to Gloria) or a shithead and whose total absence of moral courage should be enough for him to be sentenced to die before a firing squad.
Esperon with 4 stars? Good Lord! What a laugh!!!
In comparisson to General Dannatt, the British Army chief (4 stars, same generation as shithead Esperon) was punished for standing up for his men and for doing what was morally right even at the expense of losing the highest UK military post, Esperon is a worm.
http://hillblogger3.blogspot.com/2010/09/general-richard-dannatt-tony-blair.html
In comparisson to Gen Jim Jones, another 4-star general, former SACEUR, who said “Sod it” to Donald Rumsfeld, Esperon cannot even begin to walk on the ground this general walks on.
http://hillblogger3.blogspot.com/2008/11/if-hillary-says-no-to-job-offer-it-to.html
atty sax, in short walang pinag-uusapan dapat?
Malaya na sila! Si Mister Esperon ang dapat ikulong.
Anna, your “friend”, Boy Gee Pangilinan, got his third star despite the fact that he turned 55 last July 25 and military rules says except for the one who would be afp chief, an officer can’t be promoted a year before his retirement.
Well, they ante-dated his appointment to July 9.
It shows he has been trained well under Gloria Arroyo. Mastered the art of ante-dating. Just like what GMA boys did with midnight appointments.
Sinong malakas na padrino ni Boy Gee kaya? Itong tao na ito, always present in the right time and in the right place. 🙂
Hopefully the military prosecution team had made mistakes so that the court decisions of Oct 27, 2009 and earlier can be reversed. Or maybe the defense team had presented new evidence.
Obvious na obvious naman na nakulong lang ang mga ito dahil ayaw ni bansot na maistorbo habang sinisira niya ang AFP. These officers were obstacles to her taming the generals to be subservient to her and of course to make sure that the “Hello Garci” generals would remain in power until she ended her pesidency. All for the protection of the bansot!
If they convict these soldiers, they should also accuse, try and convict Esperon and co and the rest of the military establishment/militardom for conspring against a duly elected president of the republic and for committing coup d’état.
(Include Davide in the lot.)
Anna:
Panghilinan was assigned to Nolcom last July 9. He turned 55 last July 25. His promotion was ante-dated to his date of assignment as C, Nolcom. I have no love lost for Ms Ellen’s ‘fave general’, but I don’t see any violation in the ‘1 year prior’ ban. Anyway, he’s good where he is at right now. Away from the limelight. . . 😛
Henry
That’s what I told Trixie Martinez more or less in a discussion over on Facebook.
Was there tampering of the 2004 election results or not? If there was non, why did GMA prevent the investigation of reports that the AFP Chain of Command was involved in the tampering of that election results? Since GMA, by her own prevention of the investigation, has made herself responsible for the development of the situation in which the chain of command which is fundamentally based on the election of president for the establishment of the commander-chief has been broken due the absence of proper proceedings, she cannot anymore continue to act as the commander-in-chief. Since the investigation of the report that the chain of command was involved in an unethically moral act against the filipino nation was deliberately suppressed by many of those in the chain of command including GMA, national security has been compromised. Since national security has been compromised, due to breakdown of the legitimacy of the chain of command, is this not a very dangerous situation for our nation? Who then should take action to remedy the situation ASAP?
The legitimacy of the chain of command has been compromised! Where is political preference here? Is this as simple as “next in line will take over” in a frontline combat situation? The political and military situation has become one. But the most fundamental of all which has been lost in our corrupted society, the issue of cheating the nation which is a moral ethical issue. A revolutionary situation has actually developed. Who could then claim legitimacy as belonging to the chain of command?
Under this situation, which actions to remedy this ASAP are considered proper? Who should take these actions? Should we then allow tampering of elections to prevail as it did in 2004? Maybe we should not. If we should not, who among us filipinos at that time have the responsibility, the organization, the capability to check that aforementioned national situation? We should consider the fact that many of the civilians among us at that time, who tried to take action were stopped thru legal procedures backed-up coercively by the police and military under the GMA government.
I hope this is resolved soon, its been too long already…
I seem to remember sworn affidavits and witnesses with the prosecution, i wonder what became of those?
Can somebody check also why it took so long, why the hearings were perenially postponed due to perenial lack of quorum? i mean, if you’re a member of the panel why would you go abroad, or schedule an appointment on the hearing date? there is definitely something wrong how this could drag on for so long…why can’t somebody just put his foot down on this case and once and for all let justice be done, drop the case as there is no case, reinstate the poor guys and mark this as a victory for justice against institionalized injustice for this administration, then celebrate the hell out of it in media, god knows we need a major victory right now…we need one to get the people out of this self pity, self flagellation, of the most recent defeat…we need to have victories, and we need to toast them, celebrate them…not to forever wallow in defeat and self pity…
Henry,
Just learned that Pres Aquino is planning to form a British-style SAS (Special Air Service) 🙂
I’m convinced that Pres Aquino’s plan to form British-style elite security force was the idea of Defence Sec Volt Gazmin’s. Unknown to many, Volt Gazmin, then PSG chief of Pres Cory Aquino hired the elite British SAS to train the presidential security group to protect Cory and Malacanang against ambitious AFP military factions. I’m also convinced that Gazmin’s military initiative prevented Honasan and his friends from toppling Cory’s government. 😛 They simply were no match against an SAS trained military group!
Excellent intitiative once more, Mr Secretary!
I don’t understand why Aquino did not seek the advice of Volt Gazmin during the hostage taking — if he had only done it, he wouldn’t have been in the shit he finds himself in.
Bakit nga ba because Lim was already at Emerald eating? hahaha! Ay naku, nandyan lang si Gazmin pala!
@chi,
Sabi ni Lim, ang objective niya ay pagurin si Mendoza. Kaso nga lang nauna siyang nagutom.
Kakikita ko pa lang sa Pangulo sa BBC news and portions of the interview with the three anchors. May portion din si Sec de Lima.
May pagka-guy-smiley nga itong ating Pangulo.
Amazing Sec de Lima! Bravo!
I think Sec de Lima has more guts than the entire PNP-Mayor Lim and his pals put together.
From the Inquirer:
So, why is Pres Aquino still babysitting PNP Chief Versoza? The man failed as PNP chief, abandoned his responsibilities at the height of a crisis, and weeks later, mouthed inanities “I’m in charge of the PNP, and what they do is my responsibility… crap”, and now his wife is facing charges… geez, what is Aquino waiting for?
Never mind that Versoza is about to retire, not good enough! He should be booted out of service.
C’mon President Aquino, what’s the matter with you? I’m trying my darnest best not to be too critical of you but by gum, you are your own worst enemy!
Bwahahaha!@NFA. Ewan ko ba, wala na akong interes (muna) kay kuya Noy kaya siguro natatawa na lang ako palagi sa mga nangyayari….
I agree with you Anna. When de Lima was appointed to the DOJ, I thought Pnoy picked the best for that position. I can not say the same thing on his other picks for the other cabinet positions.
Chi, ang dali mo namang madismaya. I will give him a year to perform. Mahirap din ang pinagdadaanan niya. Pnoy inherited a bastardized government. Just cleaning up the institutions will be a MAJOR, MAJOR BIG TASK!
Apparently, Lim cannot work on an empty stomach…kaya kumain muna siya…
..keep smiling Mr. President…that will make people wonder what you are up to..
Keep smiling Mr.President,that will make people wonder what you are up to…Rose
Couldn’t agree more…:-)
Ms. Rose, wala kasing pinag iba si Noynoy sa nanay at tatay nya na palaging nakangiti. Yung kay Noynoy nga lang, mas pronounced ang pag nganga ng bibig kapag nakangiti.
I prefer na yung hitsurang nakangiti ni Noynoy kaysa sa smirk at sneer ni GMA at smile-with-the-upper-lip ni Erap.
They resisted the GMA government, a group with a military force: which collaborated with foreigners to continue their control of our defense, political, and economic systems; which handed over to foreigners our territories like Sabah and Spratlys; which prevented the investigation of reports regarding the involvement of the AFP Chain of Command in the tampering of the 2004 Presidential Election; and which thereafter collaborated with the chinese in having access to the communication and information network of our nation thru the ZTE broadband deal. These are national security issues. But more fundamentally, these are issues concerning the damage of our national developmental code included in which, the moral ethics of a generation after generation of us, filipinos. Who among us, then could put up a resistance against such acts against such group?
They were just providing the needed support and starter for us to continue and reciprocate the lives our forefathers offered resisting the foreign invaders against grabbing our inherited sovereignty, excellence, and dignity as a newly born nation then. These invasions which have been collaborated by many filipinos among us from one generation to the next, have been continued by the same foreigners and collaborated by GMA of this generation. The summarized details of these information can be read in: http://jmgpatria.blogspot.com/2009/06/american-invasion-continues_7055.html ; and http://jmgpatria.blogspot.com/2009/06/chinese-invasion-continues.html .
These soldiers among us who were charged in court by the GMA government with what they termed as “mutiny”, were actually continuing the tradition of nationalism, bravery, excellence, independence, justice, and responsiveness to society, lived by General Artemio Ricarte, General Antonio Luna, General Macario Sakay, Maj Torres Bugallón, and many of our warriors ahead of us. How then could it be that the loftiest traditions of our heroes then would become a crime today?
It was not a crime then to resist injustices in whatever form. It was heroism. Is it right today for anybody to determine an act to be a crime based on failure to achieve the objective for that act by the person? Is this today our principle of justice?
For their sacrifices in defending our nation, we owe them honor and reward. The very least that we could do for them is to work for their reinstatement. They should also be compensated for damages to be appropriated from GMA, Esperon, Senga, Yano who dismissed the enlisted personnel, Garci, Mayuga for hiding the evidences, Puno, and many others involved in the crime of treason.
Panghilinan… – Henry90
Bwahaha!
one of the good attributes ng isang Filipino na narinig ko dito ay..”we are a smiling people”..kahit sa ating kahirapan marunong pa rin tayong ngumiti…ito daw ang isang gagandahan ng mga Pilipino…have you been in a situation na nasiraan ang subway and in a split second wala ka ng marinig kundi ang mga “f words right and left..sa harapan and sa likod” mo?
Tongue: hindi kaya pang hiling lang? in other words just for the asking? with stretch open hands..give me this and give me that?
pa hingi lang!
SAS style, KGB style, Mossad style, CIA style; coz of one bungled hostage taking??? Pa Easy-easy style is more like it.
Put Duterte as hostage negotiator from now on.
Panis yang si Duterte, kailangan pa yung mga bodyguard niya para may tirador.
Si Judge Jimmy Santiago na lang. Yung dating head ng MPD – SWAT. Pag narinig ng hostage taker na siya ang negosyador, umiiyak na at nagmamadaling sumuko.
Pangit yata tignan sa kabaong pag butas ang noo mo.
Nasaan na si Alyas Bungo? Maka-Glue na ba? Dati ring pulis yon, bata ni Tito Danding.
“Si Judge Jimmy Santiago na lang. Yung dating head ng MPD – SWAT. Pag narinig ng hostage taker na siya ang negosyador, umiiyak na at nagmamadaling sumuko.” – TT
My mentor’s father was Manila Police Chief in the 30’s, takot daw lahat mga pulis sa kanya, so walang patola in his force…well, he was a big aleman. Maybe your dad knew him then.
“Pangit yata tignan sa kabaong pag butas ang noo mo.” – TT
Daming magagaling na mortician sa atin, or Bello certainly can be called upon to plug the hole…hehe…..