Hope for justice restored

Statement from AFP Spokesman Lt. Col. Ernesto Torres:

1.We recognize the wisdom of the court and respect its decision. The decision is neither a victory for the defense nor the prosecution. It was a triumph of the rules as upheld by the court;

2.It should be noted that the decision to prescribe some of the charges was reached not based on the merits of the case but on mere legal technicalities. Hence it will not in any way affect the conduct and outcome of a separate trial for a graver charge of mutiny;

3. We will consistently allow the due process of law to take its course. And with the current development, we are optimistic that we will soon finally get to know the truth surrounding the events that took place in February 2006.

Marine lieutenant Belinda Ferrer said she was praying all the while that Col. Marian Aleido was reading the decision on whether the minor charges against them have prescribed and therefore,dropped.

It was the longest ten minutes of her young military career, she said adding that her fellow detainees were in the same nervous state as she was. After two years of being on the receiving end of unfavorable decisions by the court, the only female detainee in the whole armed forces said she prepared herself for the worst.

That’s why she couldn’t believe it when she heard Aleido say, “Therefore, the motions of the accused are hereby granted and the questioned charges are dismissed.”

It was probably the same with the 27 other officers led by Brig. Gen. Renato Miranda and Brig. Gen. Danilo Lim because there was a strange kind of silence for a second or two after Aleido finished the reading of the decision. Then they all burst into cheers and applause.

Jubilation filled the room. The court allowed them to savor the joy of justice and didn’t call for silence.

Atty. Vicente Verdadero, counsel for Lim, addressed the panel, “I thank the court for your judicial statemanship.”

I maybe imagining things but I saw a smile in the face of Col. Ser-me Ayuyao, the only one manning the prosecution desk that day. Did Col. Feliciano Loy know of the panel’s decision,that’s why he was absent?

The escorts of the officers and other members of the armed forces securing the courtroom, who probably didn’t understand the nitty-gritty of the case, couldn’t help but be infected by the overflowing joy in the court that morning last Friday.

If not for the insistence of the prosecution that the officers be arraigned for the minor charges, the prescription of the charges other than mutiny should have been no-brainer because Article 38 of the Articles of War, the law that establishes a system of military justice, states that “Except for desertion, murder or rape committed in time of war, or for mutiny or for war offenses, no person subject to military law shall be liable to be tried or punished by a court-martial for any crime or offense committed more than two years before the arraignment of such person.”

The 28 officers are accused of allegedly having planned to withdraw support from Gloria Arroyo in February 2006 following the expose of the “Hello Garci” tapes where Arroyo was heard talking with then Comelec Commissioner Virgilio Garcillano about tampering election results in her favor using some members of the military.

All the officers were charged with “Attempting to create or begin, excite, cause or join a mutiny” (AW 67) and (AW 96) Conduct Unbecoming of an officer and Gentleman.

Others had additional charges. The topnotcher is Lim with five charges. Aside from AW 67 and 96, Lim is charged with AW 97 (conduct prejudicial to good order and military discipline), AW 63 (disrespect to the President) and AW 65 (willful disobedience of superior officers).

Next to Lim is Col. Ariel Querubin who has been slapped with four charges: AW 96, 97, 65 and 67.

In his written argument submitted to the panel, Atty. Vic Verdadero said, “One need not stretch his imagination to arrive at the simple conclusion that the two-year period reckoned from February 23, 2006 is long gone. Period!”

The court sustained him and dismissed the argument of Loy about “manifest impediment.” The court also didn’t buy Loy’s magic formula that the 139 motions and petitions filed by the defense should be converted to one year, six months and three days and should be deducted from the two year period.

A beaming Miranda said, “We are happy for this. The independence that the court showed today enhances professionalism in the armed forces.”

Catching on Miranda’s message about the “independence” of the court, a reporter asked if that kind of decision would have happened if Gen. Hermogenes Esperon was still the AFP chief of staff. Miranda did not allow Esperon to spoil the wonderful moment. He said, “I can’t speculate. One thing is sure: this happened when he is out of the service.”

Atty. Alex Lacson, lawyer of Col. Custodio Parcon, amplified on Miranda’s statement. “The decision reflects the changing characteristic of the military under a new leadership.”

Atty. Homobono Adaza, lawyer of Querubin, said “Now, we are beginning to see officers of the AFP sticking to law despite pressures from all directions. They should be congratulated. “

Adaza said the new chief of staff, Gen. Alexander Yano, should be congratulated for creating a “healthy and sane environment in the AFP.”

With the minor charges dropped, the trial will now focus on mutiny which the pre-trial investigation report recommended dismissed for “lack of legal and factual basis.”