Seven cleared of mutiny charges; Miranda, Lim, Querubin’s motion denied

by Victor Reyes
Malaya

A jmilitary tribunal yesterday cleared seven military officers of the charge of mutiny filed against them in connection with the alleged plot to overthrow the Arroyo administration in February 2006 but sustained the charge against nine other accused.

Cleared were Col. Orlando de Leon, Lt. Col. Marine Achilles Segumalian, Lt. Col. Custodo Parcon, and 1Lt. Belinda Ferrer of the Marines, and Maj. Leomar Jose Doctolero, Capt. William Victorino Upano, and 1Lt. Homer Estolas of the Army.

The seven, in a second motion for reconsideration for a finding of not guilty, said they did not violate Article of War 67 or mutiny.

The court presided by Maj. Gen. Josue Gaverza said it granted the motion “for being meritorious.”

It denied the motion of the nine others for “lack of merit.”

The nine are led by former Marines commandant Maj. Gen. Renato Miranda who had reached the retirement age a few years ago; former First Scout Ranger Regiment chief Brig. Gen. Danilo Lim and Marine Col. Ariel Querubin, who both had been deemed retired from the service after running for senator in the recent May elections. Lim and Querubin lost.

The six others are Maj. Jason Aquino and Captains Montano Almodovar, Isagani Criste, Joey Fontiveros, James Sababan and Dante Langkit who was also deemed retired from the service after he ran, but lost, for governor in Kalinga in the last elections.

The nine will continue to undergo trial. Court proceedings will resume on November 17. The prosecution made a manifestation for the defense to start presenting evidence at the next hearing.

The 16 officers have been released from detention and placed under the custody of superior officers.

The accused officers were linked to the alleged plan to march to the Edsa Shrine on Feb. 24, 2006 and withdraw their support from then President Arroyo. The Marines also figured in a standoff at their headquarters in Fort Bonifacio two days later.

Lt. Col. Arnulfo Marcelo Burgos, chief of the AFP public affairs office, said: “The AFP is looking forward to the return of the acquitted officers to the military service. This incident marks another development for the Armed Forces of the Philippines as it brings to a closure and a resolution a regrettable episode in its history as an institution.”

Ferrer, who served as Miranda’s aide-de-camp, said she and the others who were cleared are hoping that the Armed Forces and the Marines will accept them.

“I’m planning to go back to the Marine Corps and serve the organization which I love and serve with utmost loyalty and dedication,” said Ferrer.

She also said she was “happy” with the development “because finally, after four years, our case is over and truth was established that there is no evidence against us for coup d’état.”

Ferrer said she is sad that their co-accused were left behind. “But as my lawyer said, they (defense panel) will help each other so that all will be cleared as soon as possible,” she said.

Trixie Angeles, lawyer of Segumalian and Aquino, said the basis for Segumalian’s detention was “for saying the immortal words that they merely want a clean election.”

“But it’s clear that his intention is also the intention of every Filipino, that’s why it was not used against him,” she said.

During the standoff at the Marines headquarters, Segumalian was caught on TV saying they knew what happened in the 2004 presidential elections which were reportedly rigged by the Arroyo camp. He said all they wanted was a clean election.

“I’m happy for the acquittal of Lt. Col. Segumalian who was caught by retirement while in detention. This is a vindication (for Segumalian),” she said.

Segumalian reached the mandatory retirement age of 56 last May 17. But under the military justice system, the court still has the jurisdiction over him because the alleged offense was committed when he was still in the active service.

On Aquino, Angeles said there was also no evidence to warrant his continued trial.

Parcon, a Medal of Valor awardee like Querubin, said he is confident that the other accused officers would also be cleared “by God’s grace.”