There are many things not right about the special general court-martial of Maj. Gen. Renato Miranda, Brig. Gen. Danny Lim and 26 other officers allegedly involved in the plan to withdraw support from Gloria Arroyo’s bogus presidency in February 2006.
But last Friday, there was a feeling among the accused, their lawyers and their relatives that there was something more sinister but they just couldn’t put their hands on it.
One, they didn’t get a notice for the Nov. 23 hearing except for five lawyers who had not been attending the hearings for various reasons, one of them distance. Not surprisingly none of those lawyers notified showed up.
Even without being officially notified, Atty. Vicente Verdadero, counsel for Lim, Capt. Dante Langkit, and Lt. Homer Estolas, five other lawyers came because they were worried that “something amiss might happen today.”
The other lawyers who came were Rodrigo Artuz for Col. Ariel Querubin, Trixie Angeles for Capt. Ruben Guinolbay, Jose Miguel Palarca for Col. Januario Caringal, Gilbert Gallos for Col. Orlando de Leon, and Vicente Caoile for Col. Armando Bañez and Col. Achilles Segumalian.
As usual, the hearing started again more than an hour late. Two of the accused were not present: Gen. Miranda and Capt. Langkit. The court was informed by Col. Arnulfo Marcos, commanding officer of the custodial management unit in Camp Capinpin, that Miranda was sick and Langkit “had left Fort Bonifacio (where he is confined) and is on his way to Tanay.”
After the usual prayers where a member of Trial Judge Advocate staff prayed “to guide us to the path of righteousness” and “make us vessels of truth and justice”, the prosecution lead by Maj. Serme Ayuyao (the controversial Col. Feliciano Loy was abasent) immediately informed the court that they would start with the arraignment.
This was where I began to see the evil plan behind the selective notification of the accused. Verdadero was right. Something wicked was being planned in that hearing.
Arraignment can only be done after the court has been fully and legally constituted. Under it’s own rules, the court can only be fully constituted after all the accused have exercised their right of peremptory challenge any member of the panel. Lt. Homer Estolas was not given the opportunity to exercise that right.
Five others, Capt. Isagani Criste, Capt. Allan Aurino, Capt. Frederick Sales, 1Lt. Ervin Divinagracia, and 1Lt. Jacon Cordero were deprived of that right when the court decided that they have waived it when all that they manifested in court was they were not availing of the services of the military counsel; they will exercise their right of peremptory challenge in the presence of a counsel of their choice and when they are given a copy of the Pre-Trial Advice signed by AFP Chief Hermogenes Esperon.
Verdadero blocked the planned arraignment and raised the issue of selective notification of the lawyers and the accused. Ayuyao said the statement of Col. Marian Aleido, law member of the panel, of a Nov. 23 hearing made after the adjournment last Nov. 17 was considered “implied knowledge” of the lawyers and the accused.
Esperon’s memorandum referring the PTA to the court is considered “implied approval”. Now the accused and the lawyers are being told they have “implied knowledge” of the date of hearing.
One after another, the six lawyers present insisted on their right to be properly notified of every hearing. They asked that the hearing be adjourned. After a break, at 11:15 a.m, the court granted the defense counsels motion to adjourn and ordered the Trial Judge Advocate to inform accused and their respective lawyers of the schedule three days before the hearing.
It was one of the rare times that the court uttered the word “granted”.
But where was Capt. Langkit? He never arrived in Camp Capinpin. Someone even joked, “He might have escaped.”
I learned that Langkit never left Fort Bonifacio. He was told by his guards that his presence in last Friday’s hearing was not needed because the accused would be “arraigned in batches” and it was not yet his turn.
So that was the sinister plan: arraignment by batches.
Verdadero said they can’t do arraignment by batches because the charge is conspiracy to commit mutiny. Angeles said all the accused have to present in the entire proceedings because participation of one is participation of all. A decision on one will affect everybody.
Just imagine what would have happened if the five unnotified lawyers did not show up.
Photo captions:
1. Capt. James Sababan
2. Lt. Col. Edmundo Malabanjot, Jojo Chuidian,Brig. Gen. Danny Lim, Aloy Lim, and berna Lomotan.
3. Capt. Montano Almodovar
4. Col. Januario Caringal. Behind him is Col. Armando Bañez.
5. Col. Querubin, Military Defense lawyer Maj. Basilio Pooten, Atty. Trixie Angeles, Military Defense lawyer Col. Antonio Doronila, and Lt. Sandro Sereño.
“Just imagine what would have happened if the five unnotified lawyers did not show up?” It is just too dreadful, too horrible to imagine..Thank God, the Holy Spirit guided and led those five unnotified lawyers..
At least three days notice? How are the notices sent by mail..special delivery? or by court messengers.. hindi ba ang tatanggap ng “court notice” ay pipirma na natanggap niya and it should not be delivered but only to the person it is addressed to? Many moons ago, that is what I was told..at a young age, paextra extra ako sa office ng tatay ko. Ganyan na ba kasama ang nangyayari. How evil can evil be? Our country is indeed in a disastrous stage..evil personified by the people running the country..May God save the Philippines!
Implied pangga-gago ang ginagawa nitong mga implied na pikit matang sumusunod sa implied evil scheme ni esperon ng hindi implied na pekeng pridisinte na nasa Malacanang na tunay na umaalingasaw na ang baho ng administrasyon na mas nakakasulasok pa ang amoy kaysa sa ilog Pasig.
if there are any lawyers in that sham of a panel, they should be disbarred. action must be initiated against them for, at the very least, ignorance of the law as well as knowingly perpetuating an unjust proceeding. they are a shame to the legal profession.
In previous hearings, perhaps because he is unable to get through the legal arguments of the defense lawyers, prosecution lawyer Col. Loy asked the court that for those accused with more than one lawyer, only one is allowed to speak. Also other lawyers cannot comment while the case of another accused is being discussed.
The defense lawyers objected saying that even if one has more than one lawyer, each one is assigned a certain task and they cannot be prevented from making appoint in court. Also, since the case is supposedly conspiracy, it’s one for all and all for one.
Rose: t is just too dreadful, too horrible to imagine..Thank God, the Holy Spirit guided and led those five unnotified lawyers..
At least three days notice? How are the notices sent by mail..special delivery?
******
Elsewhere, Rose, court notices are supposed to be delivered by special courier or post to make sure that they are received and accounted for so that no one can say that he/she has not received such especially if it is a summon.
This neglect just proves that justice is not served well in the Philippines, and that this government should be revamped even just for just such single incompetence.
Before arraignment in fact, these few good men should not be called “accused” but mere suspects. Their detention in fact should be considered illegal and improper unless of course, those who promulgated the laws of the Philippines had been so stupid that they failed to include to mention the limit of statutes or limitation of how long a person can be under the custody of the police or investigation committees to determine the culpability of a suspect to stand before the court as an accused.
Over in Japan, the limit is 20 days. A suspect is arraigned without 48 hours from the time of arrest, and then indicted after a maximum of 20 days of investigation to gather enough evidences for him/her to be indicted in court and called “an accuse” when the prosecutor determines one’s culpability for the crime he/she is being accused of.
I don’t know why the braggarts over there would even want to complicate something that is in fact non-existent like the accusations being heaped on these brave soldiers who have even received medals and citations for bravery in defending truth and right, their country and people.
Puede ba, Patalsikin na, Now Na?!
Yesterday, Nov. 25 was the 57th Foundation Day of the Scout Rangers.
I was told there was an order from Esperon not to allow the detained Scout Rangers to have a celebration.
This should read, “A suspect is arraigned within 48 hours from the time of arrest,”
These injustices, etc. should have been complained and tackled by the bar associations in the Philippines so that they can be stopped once and for all. Ang daming abogado sa Pilipinas, walang magawa?
Thanks Yuko. It is really beyond me to understand the proceedings..and this is justice?
..pati ba and pagcelebrate ng kanilang Foundation was not granted them? They be detained but it does not remove their being Scout Rangers..Walang hiya talaga. What an ass indeed! Owatanassur Esperon!
that sick old ‘el gordo’ is getting to the nerves of people again. pay back time will come. Esperon will pay!
Rose,
Itong si Esperon walang pinag-iba doon sa mga dictators ng Burmese Junta called “SLORC” o mas masahol pa kasi walang rule of law na sinusunod kundi rule ni Gloria at ang boyfriend niyang si Assperon! Yuck!!! Tapos ang galing mamintas ng unanong kulimbat.
Puede ba patalsikin na, NOW na?! :-
In my earlier post, I said that something was fishy in the last court hearing. Normally the incarcerated were given notices to attend no later than Wednesday. So, now the panel, after hastily swearing themselves in to arraign the officers are again going to do another illegal act! What happened to Loy? NatuLOYan na ba siya ng takot? Gee, baka lalo lang nag-shrink yung “kwan” niya?
Yuko, you know I saw the footages of two occasions where the asspweron was showing some kind of “affection” for the tiyanak. One was when he was crying when the tiyanbak said she was not going to run for presidency anymore because she was causing the division amongst the people and the second was when he was fixing the tiyanak’s collar or something. Tiyanak and asspweron were also shown several times where they were glancing at each other. Can there be “something” between these two? Knowing the tiyanak’s “appetite” for men!
Magagalit talaga ang mga defense lawyer kay Loy at Ayuyao kasi hindi nila alam ang ginagawa nila.Trabaho ng Trial Counsel; to give timely notices to the members, other parties, other personnel of the court martial, and witnesses for the prosecution and defense of the date, time, place, and uniform of the meetings of the court martial.Trabaho din nila to ensure that any person having custody of the accused also informed. Hindi tuloy nakarating si Langkit.
Trial counsel job should bring to the attention of military judge any substantial irregularity in the proceeding. Trial counsel should not allude or to disclose to the members any evidence not yet admitted or reasonably expected to be admitted in evidence to transmit to military judge or members of convening authority or others to guilt or innocence of the accused.
Madali namang lusutan ng mga akusado itong kangaroo court martial nila.Kung magsasabi silang lahat ng totoo na si Esperon ang nag-utos sa kanila.Superior order vs command responsibilty lang naman ang labanan.
Cocoy tama ka, what a nice strategy you’ve proposed. Tingnan natin kung ano gawin ni esperontot na yan, hoy esperon ang kapal ng mukha mo.
Ganyan talaga kagago yang mga General na yan. Tignan niyo nga yang sila Ebdane at Mendoza yong Departamento nila ang most corrupt. Isama niyo pa yong si Garcia. Puro PMA’yer yang mga yan ha. Ilan pa kaya sa kanila ang ganyan? Yan ang malaking katanungan.
Sila ang sumisira ngpangalan ng kanilang Institution. Imbes na mag-silbi sa mga taong bayan sila pa ang instrumento ng mga Politician para lang protektahan ang mga self interest ng mga yan.
ellen,
Purely on the tactical side of things (not saying that this is the right thing to do): goes to show that Esperon is a bit small on the brain side — if he had played a lil less Pinochet and more of a military officer, he would have realized that charging these officers separately would have been more judicious.
Probably because Gloria has blocked his thinking process and so contaminated him with the thinking disability disease, of course to the advantage, if one may say so of the accused officers, i.e., they were able to manifest unity and opposition to Esperon’s idiotic bogus courts.
Esperon is trying to divide and rule and the officers more than ever should be on their toes. They have evil for an enemy, not quite as simple as firing their gun at a visible target.
Good luck to them.
“Can there be “something” between these two? Knowing the tiyanak’s “appetite” for men!”
he he he he heeeeh!
nagkakabistuhan na.
Anna, Esperon and the prosecution, I think,are panicking and they want to railroad the trial because by February, if the accused are not arraigned the charge of “conduct unbecoming of an officer and gentleman” would have prescribed and only the charge of mutiny would be left.
Lawyers of the accused believe the charge of mutiny is defensible because as the PTIR said no mutiny took place.
I understand Esperon wants to make sure that the accused are arraigned (kung pwede lang convicted) before he retires in February.
Believe you are absolutely spot on Ellen!
yes, mr HERmogenes Asspweron is hell bent that the accused are arraigned because if not then his tuta like col loy would be hard pressed to prove that mutiny really occured. kaya ginagago nila ang grupo ni maj gan miranda and co.
ellen,
i firmly believed that there was no “conduct unbecoming of an officer and gentleman (and lady)” on the part of the illegally charged officers as it was esPWEron who did the worst unbecoming conduct by charging them of crimes he only drew from his malicious imagination only to cover up the crime he committed in party with the fake president.
Magno, you are absolutely right! What could have been a situation of internal problems in the AFP due to the election fraud in the 2004 was turned into an opportunity for the asspweron to grab the AFP Cheat of Staff position and the tiyanak’s excuse to declare the 1017 (a martial law like decree) to put away her political foes. Nagpapapel naman si asspweron at binili naman ni tiyanak. All at the expense of these incarcerated officers. None of these soldiers joined the rally. They all went back to the barracks when Senga ask them to. So, they followed the chain of command (starting from Senga down). But in asspweron’s own military creed, anyone who stands for the truth is not following the chain of command and needs to be court matilled. Iba talaga ang “bodyguard” orientation lang unlike these incarcerated officers who are battle tested. When the tide turns, let us see where this “ungentleman” will end up. I hope not in a cardboard box!
parasabayan, sa lahat, most especially ellen,
during the hearings, did col querubin and ltcol parcon ever wore their valor medals? para kasing hindi nila sinuot kahit minsan.
sana, sa minsang pagsipot nila ay suot nila ito at malalaman nating kung paano magbigay galang (kung marunong) ang mga kasapi pururotsekusyon ni esPWEron. tingnan nating kung tatayo sila nang tuwid at sasaludo kapag pumasok ang dalawang ginoo na suot suot ang medalya ng kagitingan!
will anyone suggest to these two fine gentlemen-officers to try one time?
“did….ever WEAR their valor medals? ……”
suri. magkahiwalay kasi.
Good idea Magno!
Just read in the Inquirer that Col Querubin lost the “habeas” in the court of appeals. The court stated that asspweron’s non-signing of the PTA was just a minor issue. WOW! I knew it all along that this will be the outcome. There will be several vacancies in the Supreme Court soon and of course these justices in the lower courts know better to “butter up” the appointing entities! Such is the justice system in the Philippines! It is very sad that Lady Justice has completely taken out her blinfold and is just looking one way-where the money and power comes from!
“The court stated that asspweron’s non-signing of the PTA was just a minor issue.”
‘tanginatalaga! mga bayaran!
mga nagtatangatangahang mahistrado!