Y0u have to admire these principled officers for keeping the faith, for looking at the glass as half-full, rather than half-empty, as they take calmly the latest setback in their mutiny case that had its origin in their resistance to the use by Gloria Arroyo of the military to thwart the will of the people in the 2004 elections.
Tuesday, the military court headed by Maj. Gen. Josue S. Gaverza Jr. released its much delayed decision on the motion of the accused to dismiss the case as the prosecution has not proven that the accused officers committed mutiny in February 2006.
Except for Segumalian who retired last year, the officers may resume their military careers which have been frozen since their arrest and detention in July 2006.
The court denied the motion of nine officers: Maj. Gen. Renato Miranda, Brig. Gen. Danilo Lim, Marine Col. Ariel Querubin, Maj. Jason Laureano Aquino, Capt. James Sabadan, Capt. Montano Almodovar, Capt. Joey Fontiveros, Capt. Isagani Criste, and Capt. Dante Langkit .
Miranda has retired while Lim, Querubin and Langkit are considered resigned from the service when they ran for public office in the last election.
With the denial of their motion for reconsideration, the lawyers of the nine would start their presentation of evidence on Nov. 17.
Last year, 12 were cleared and returned to active service, except for Army Lt. Col. Nestor Flordeliza who had retired.
Parcon, one of the two Medal of Valor awardees among the accused (the other is Querubin), said he was happy with the court’s dismissal of the mutiny case. “Praise God,” he said adding that he believes that in time the others will also be cleared.
Parcon said his going back to military service is his way of “giving back” for the many blessings that he has received. He said he is writing a book about the lessons in life he learned while in detention.
Querubin said he is happy that some of the officers were cleared although he would have been happier had there been more.
Querubin said he was expecting that only he, Miranda and Lim would continue to be tried as they were the ones who went to see then AFP Chief Generoso Senga on that fateful night of Feb. 23, 2006 to relay the restlessness of the junior officers over what they felt was the betrayal of the leadership of Filipino people whom they are mandated to protect.
“Nevertheless,” Querubin said, “we are prepared to argue our case until we are finally cleared of the charge imputed to us.”
Lim came before the start of the hearing but had to leave for the House of Representatives which was hearing the impeachment against Ombudsman Merceditas Gutierrez. Lim is one of the petitioners for the impeachment of Gutierrez.
Lim’s lawyer, Vicente Verdadero, had argued that the meeting with Senga telling him about plans by some restless officers 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.
Langkit, who was subjected to the most severe detention condition – 10 months in solitary confinement — said he will be consulting with his counsel, Verdadero, who is out of the country, as to other legal options.
But, he said, “the denial of the motion to dismiss does cause me to hope for equity even as it ferments patriotism.”
He added, “At the moment we celebrate the clearing of some of us. Little victories indeed.”
Photo captions:
1.Praying for justice at the start of the hearing.
2. Three of the seven cleared-Capt. William Upano, Major. Leomar Jose Doctolero, Lt. Homer Estolas.
3. Still hopeful for justice – Capt. Montano Almodovar, Col. Ariel Querubin, Capt. James Sababan
4.Col. Orlando de Leon
5. Capt. Joey Fontiveros
Ellen,
Was Senga ever called to the witness stand?
Langkit, who was subjected to the most severe detention condition – 10 months in solitary confinement — said he will be consulting with his counsel, Verdadero, who is out of the country, as to other legal options.
Another question: Who else among these officers were treated as harshly as Langkit?
Anna, yes, Senga was called to the witness stand. His testimony was not favorable to the accused officers. Remember he was ambassador to Iran.
Re Dante Langkit, I think he was the one who was treated the harshiest.He was detained separately from other. He was detained at Camp Bonifacio while other were in Camp Capinpin in Tanay, Rozal.
Dante was one of the former two aides of Esperon. The other one was Capt. Mon Aldomovar. When they were arrested, Esperon called them separately and expressed his disappointment that they sided with Brg. Gen. Danny Lim against him.
Thanks for the info Ellen.
Really quite despicable of Senga not to have come to the defence of his men. He is not a man in the honourable sense of the word — he is a slimy scumbag, a worm of the lowest order.
1) He gave orders for the men to go back to camp (Gen Lim to stay in his quarters); Querubin and co, from what I remember, finally elected to return to barracks, hence there was no mutiny.
2) Mutiny is a very serious military offence — in fact, so serious that the penalty of death has not been obliterated from the UK military law (although I’m sure would never be imposed). If there had been mutiny, Senga who was CSAFP would and should have ordered the arrest and prosecution of these officers himself without any minute delay.
Any chief of staff AFP (and anywhere in the world for that matter) worth his salt would have immediately ordered the arrest and prosecution of these soldiers/officers had there really been grounds for prosecuting them for mutiny. That he didn’t do it right then and there only leads us to conclude that mutiny had not been committed.
The fact that he then accepted the ambassadorial post to Iran immediately after his term, and left the job of unfairly prosecuting these men to Esperon, signifies that he sold his officers and men. What a bleeding coward.
And to think that he had been much “appreciated” by many before he showed his yellow colour makes me even more irate that one who sported 4 stars didn’t actually desrved them.
His much-delayed clearance of the mutiny charges was a perfect birthday gift for Lt. Homer Estolas who turned 33 last Tuesday.
ADB
That ambassadorial post of Gen. Senga to Iran is his reward for selling out his men. Like just retired Gen. Versoza of the PNP who is said to be slated as ambassador to Russia by PNoy, this are rewards for some favors done. They are not even career foreign service people. These ambassadorial postings of retired police and military generals I suspect are being used to launder monies, what with their diplomatic immunity. I can’t help my polluted thinking.
Exploring other legal options? The accused can file a motion to dismiss for lack of subject matter jurisdiction. This claim is not waived, and can be raised at anytime, even on appeal. And this claim is not barred by the earlier filed motion to dismiss by way of demurrer to evidence.
I had a better worded explanation, but it is in the office computer. Will post later.
About the ambassadorial post? I was wondering,why Iran, not some European or other First World post? If I were some money-hungry scoundrel, is there any interest in Iran?
Then I remembered the book “The Art of Making Money – the Story of a Master Counterfeiter” by Jason Kersten. It is about some local (US-based) counterfeiter’s life. The guy is now doing time.
The book confirms what was stated in the movie of Jacky Chan and that African-American comedian. Iran has an intaglio press, sold to it by the US. That press can make what is called the “supernote” or “superbill”, which 15 of 17 banks will not notice as a counterfeit. You can buy the supernotes for 30 dollars per Benjamin ($100).
Now I’m sure Pidal would be interested in that.
Here is an interesting article quoting the British Daily, The Independent. It seems, Pinoy ang nakahuli.
http://www.modernghana.com/newsthread1/236539/4/84168
At bakit nasa CB? Sinong nag-deposit?
So it seems, as the article states, that the supernotes now are being printed in North Korea.
Sax
That is very interesting.
Senga going to Iran, I think, was just consuelo de bobo. Unlike other retired AFP chiefs who got either a cabinet position or a really lucrative positions (Gen. Narciso Abaya as head of the Bases Conversion Development Corporation), he was offered minor positions like head of NBN TV 4, the government TV station.
Iran was one of the very few vacant posts that would not require a major displacement in the DFA.
Senga accepted like a beggar not in position to choose. Pathetic.
But when he was in the witness stand, he was arrogant.
I had the impression that Senga is not an arrogant type of person. If he acted arrogantly during his witness stand then he must be covering for some inadequacy or guilt.
Yes, it is really a blessing when good men are freed to join other free men. I hope that their experience will not weaken their resolve to continue whatever struggle for good they have started.
“But when he was in the witness stand, he was arrogant.”
Kasi GUILTY of selling his brothers!
“exploring other legal options” …. atty sax
I hope Capt. Langkit and other Gentlemen are tuning in here at Ellenville.
I’m praying for big big blessings for these guys, and for Senga…isang ikot ng bola na madaganan sya!
The accused can file a motion to dismiss for lack of subject matter jurisdiction.
A motion to dismiss by way of demurrer to evidence, invokes the judgment of the trial court (martial). The issue presented is whether or not the prosecution has presented sufficient evidence to require the defense to present its own evidence. Whether or not evidence presented by the prosecution is sufficient, is a judgment call, and the appellate tribunal will not disturb the trial court’s findings. This is because evidence gathering and its sufficiency are part of the trial, and well within the discretion of the trial court.
But a motion to dismiss for lack of subject matter jurisdiction is purely a legal question that requires no trial or evidence gathering involved in a trial. The only issue presented is whether or not the offense alleged in the charge sheet is cognizable by the court martial.
It is true, that the charge sheet appears to charge the offense of mutiny, and it so states in the caption. But the factual allegations reveal that the offense being charged is one for sedition. And it is settled jurisprudence that the offense charged is governed by the factual allegations, not the caption or title.
Mutiny is an unlawful opposition or resistance to, or defiance of superior military authority (Winthrop, Military Law and Precedents, page 578). The accused are charged with the withdrawal of attempt to withdraw support from President Arroyo, who, by an en banc decision of the Supreme Court (Citizen J. Antonio M. Carpio v. Executive Secretary G.R. No. 96409 February 14, 1992) has been declared a civilian, and not a member of the Armed Forces. The proper offense to charge, therefore, is sedition, not mutiny.
Now sedition is cognizable by the civil courts, not courts-martial. The court-martial, therefore, has no jurisdiction over the offense as described in the factual allegations of the charge sheet.
Can a motion to dismiss on the ground of lack of jurisdiction be filed after the prosecution has presented its evidence? Yes. It is settled jurisprudence that this ground for dismissal is not waived, and may be raised anytime, even on appeal.
Can the accused be charged before civil courts after a dismissal in the court-martial? No, because double jeopardy would have set in, since the purpose of the court-martial proceedings is punitive. The accused, if found guilty, would have been made to serve time. The denial of bail, and their incarceration, also have worked prejudice on them, which also bars a relitigation for the same act.
Wow! Sax — extraordinarily clear cut!
I wonder if their defence attorneys filed for a motion to dismiss on the ground of lack of jurisdiction.
Mabuhay mga tunay na magiting na sundalong Pilipino!
The power of prayers! Thank God for this victory…
Re # 18, that was done by Gen. Miranda, Col. Querubin, and Maj. Aquino. I think they went to the Supreme Court. I remember covering hearings at the Court of Appeals.
Sigrid Fortun was brilliant, arguing for Querubin.In a separate case, it was Frank Chavez who argued for Aquino.
All rejected by the civilian court.
Nasimulan na kasi ang baluktot na justice. Kahit na alam ng panel na wala silang kaso, binibitin bitin na lang ang mga hearings para may semblance of due process. Time will be the only judge.
Ellen:
The motion to dismiss for lack of jurisdiction is filed before the court-martial. If it is denied, then it is elevated to the civil courts.
The earlier moves, I believe, were questioning the filing of charges, despite the recommendation to Esperon of no probable cause. Again, the finding of probable cause invokes the judgment of the court-martial, whether or not the facts allege constitute an offense. I doubt if subject matter jurisdiction has ever been questioned. As stated earlier, the previous moves do not foreclose filing a motion to dismiss on jurisdictional grounds.
Thanks, SnV. I have become confused of the various cases that we are covering.
Talking of blessings…nakaka inspire ang statements ni Raissa (the law student na napinsala sa rally) at amg kanyang familia and friends…isa siyang halimbawa sa mga future lawyers natin..huwag gumaya sa mga corrupt lawyers natin ngayon…our prayers for your quick recovery and a bright future for you.
Astig ang porma ni Sulbatz. Itagay na ang Tanduay!