Court martial hearings of the 28 officers charged with mutiny for a non-event in February 2006 are opportunities for Manila-based family members of those detained in Camp Capinpin in Tanay, Rizal to meet.
One of those who always goes to Daza Park in Camp Aguinaldo every time there’s a hearing is Renzo Guinolbay, five-year old son of Capt. Ruben Guinolbay, known to many as the “hero of Lamitan” when he and his men battled with the Abu Sayyaf group who were holding the Dos Palmas hostages in 2001.
Renzo does not know that his father is under detention. He thinks that his father is undergoing training in Tanay.
In the hearing last April 17, Renzo came with his cousins, who were curious why there were so many soldiers in the area. Renzo said, “Oh, they are guarding my father’s class.” He thinks that his father and other officers are in a class because the setup in the courtroom is that all the accused are seated at the center of the room, surrounded by steel railings.
Renzo’s cousins were impressed. He pointed to the eight panel members seated in front. “They have many teachers.” All the more his cousins were impressed.
The cousins asked who the men seated behind a long table on both sides of the room. Renzo proudly replied, “They are lawyers. My father and his classmates are very intelligent. The lawyers are helping in the class.”
Caption: After the hearing last Friday, Renzo asked his Dad if he and his cousins could have a picture with Gen. Lim.
The wide-eyed innocence of the children is so touching. If they only knew what the officers are going through.
The officers led by Maj. Gen. Renato Miranda and Brig. Gen. Danny Lim have been in detention for almost three years for allegedly planning to withdraw support from Gloria Arroyo in February 2006 following the” Hello Garci” tapes expose of the involvement of members of the military in the tampering of the 2004 elections results in favor of Arroyo.
Originally, they were charged with violation of Articles of War 67 (Attempting to create or begin mutiny) and AW 96 (Conduct Unbecoming of an Officer and Gentleman). Other officers like Lim and Col Ariel Querubin had additional charges (AW 63, Disrespect Towards the President) and (AW 65 Willfully Disobeying Superior Officer).
After two years without the officers having been arraigned, charges of violations of minor offenses were dropped and only the charge of mutiny remained. It was also agreed by both prosecution and defense panels that the period covered by the mutiny charge should only be Feb. 23, 2006.
Trial started September 2008. As of today, the end is nowhere in sight.
So far, the prosecution has presented 11 witnesses whose testimonies the defense lawyers have accepted because they believe they do not support the charge that their clients committed mutiny which is defined as “concerted insubordination, or concerted opposition, defiance of, or resistance to, lawful military authority by two or more persons subject to such authority, with the intent to usurp, subvert, or override such authority or neutralize it for the time being.”
It will be recalled that the Pre-Trial Investigation Report recommended that the charge of mutiny be dismissed for “lack of legal and factual basis” but then AFP chief Hermogenes Esperon overruled it.
It seems that the prosecution is having difficulty getting witnesses. Many times, hearings were postponed because of lack of witnesses, prompting the court to rule that after three summonses with no replies or any indication of willingness to testify, the witness should be removed from the list because as Atty. Gilbert Gallos, lawyer of Lt. Col. Orlando de Leon said, they cannot wait forever for witnesses who do not want to testify.
Last Friday, the head of the prosecution panel, Col Feliciano Loy, moved that the charge sheet be amended to include the Feb. 26, 2009 standoff at the Marine headquarters in Fort Bonifacio to conform with the evidence in their possession. The court sustained the objection of the defense lawyers and denied Loy’s motion.
The court’s decision left the prosecution with only one witness, Lt. Col. Reynaldo Ocsan who said in his affidavit that as early as 2005, he had heard about a plot to withdraw support from the President.
Ocsan also said that he found out for himself that there was significant dissatisfaction among the Marine Corps towards the government.
Ocsan’s affidavit mentioned about the meeting called by Miranda on Feb. 23, 2006 where he tried to get the sentiments of the officers about the situation at that time. He said Miranda exhorted them to be “united.”
After Ocsan, the prosecution decided not to present Col. Martin Villasan because his testimony centered on the Feb. 26 incident.
The accused officers are eagerly awaiting the appearance of Esperon, now head of Gloria Arroyo’s Presidential Management Staff, on the witness stand.
Photo caption:
1. Lt. Richiemel Caballes with wife Debbie and son Angelo
2. Major Leomar Jose Doctolero with son Bingbong
3. Capt. Frederick Sales with wife Jopie and daughter Frances Danielle
Pitiful sight seeing these kids of the detained officers not knowing exactly what their fathers’ true situation is. I think most of the children don’t know that their fathers are detained. Since soldiers are usually out on many days and years on mission, they think they are on training or something. On the other hand, if the children are told truthfully what happened to their fathers, then they might feel proud about them. They would look up to them as heroes.
These kids when they grow up and understand their parents’ incarceration will understand that they are victims of the system. They are victims of a corrupt system. They too will realize that this incarceration will forever change their lives, some for the better. Some for the worse.
One thing is definite though, the incarcerated are shielded from the wholesale corruption of the AFP. A blessing indeed!
Many of these children might also enter PMA just like their parents. Hopefully, I would have a different breed of PMAers in the next generation.
A small kid here asked what are those “classmates” fighing for? Did they or didnt they?
If the case against those 28 soldiers are baseless, why did they incarcerated them? Through my own understanding, I believe that the soldiers who supported Gloria Arroyo’s second term are suppose to be charge. Soldiers are the defenders of the freedom of the country. Whoever the elected president will be their Commander in Chief and should not be involve in politics.They can exercise their freedom of speech or want to vote for their chosen candidate. The kids exposed during the the detention of his father might be a good thing for him in the future (once he learn what his father is the right thing to do , and not those corrupt soldiers who help for the re-election of Arroyo). The Government and Justice system is broken, I hope Filipino people will wake up and tell to themselves that it’s time to take control the government, not them controlling the citizens by voting them out. It’s time to Fix the country, through the unity of the Filipinos themselves.
Mabuhay sina Gen. Lim, Sen. Trillanes, Capt. Guinolbay, at ang mga magigiting na Kawal Pilipino! Ang oras niyo ay darating din. Ang dapat ikahiya ang mga walang hiyang mga pulis at militar na patuloy na pinoprotektahan si Gloria Arroyo at ang tiwaling pamamahala nito!
Ahhh, naiyak ako sa kwento…
Buti nga, hindi pinayagan ang motion ni Loy. I bet they won’t find any more witnesses in addition to Oscan whose affidavit can’t be confirmed by someone else. Dapat kung ganyang mag-isa lang ang witness na tinakot din lang malamang ay itapon na ang kaso ng Tanay boys.
We’ll see if Asspweron could look straight at the eyes of the Tanay boys if ever he testifies.
Chi, that is if the ASS will testify at all!
If the ASS will testify, the cannot make both ends meet to justify a story founded through lies.
So if the ASS testifies, it will smell like hell because the statement came from an ass where the poops always goes out.
May mga apo rin sila…the wheel of fortune keeps turning around and darating din ang araw na ma karma sila..as in many cases the victims are the children..innocent children deprived of their fathers attention…their day will come!
We have a lot of bemedalled and decorated men in uniform who have been suffering under the evil regime of Gloria Arroyo. What is left are corrupt officers and scalawags who have nothing in mind but to protect her so that they can be promoted and compensated!
Naaawa ako sa mga magigiting na sundalo na naghihirap sa ilalim ng gobyerno ni Arroyo.
i hate to say this..palagay ko wala ng mangyayari.. because we filipinos let this happen.. GMA will do her best to stay in power forever..!!! the fault is within in us..!! whatever we write in this blog.. all willl fall in deaf ears..!! let just wait and pray that GMA and FG will be in gone forever… !!!
In this time of global crisis when countries are experiencing recession most especially the Philippines that gloria tightly covers its real situation by frequent junkets around the globe, any president(?) like the cheat would only think about hers and her circle’s survival.
This situation is not expected by gloria or maybe as an economiss herself she’s prepared if one like this comes that’s why drying the coffers is her main target that if worse comes to worst she can just fly and leave the country and let her beggar loyal military officers take care of the situation.
Maybe she’s finding a country to hide when it’s time for her to leave.
Ang kawawa’y ang masang Pilipino, gayundin ang mga kawal na pikit matang nagsanggalang at nangalaga, naniwala at nagtiwala sa isang huwad at magnanakaw na’y sinungaling pang panggulo.
Not only is Captain Guinolbay the Hero of Lamitan, he is also the Pride of the North.
May his tribe increase…
when “honorable” men in uniform such as those of the prosecution could produce witnesses with no credibility and try to deprive justice to the incarcerated patriots on “trial” by submitting amendments which they themselves know cannot be granted,then they are guilty of trampling on the rights of the accused soldiers for a speedy trial… they are guilty of prolonging the pains of the families left to fend for themselves without fathers.. they are guilty of inarcerating innocent officers whose only offense is speaking out against corruption.. they are guilty of actions against what is TRUE,JUST AND RIGHT…
It seems that this is a hopeless case…calling the attention of the government of Gloria..But with the intervention of GOD things will be right and truth and justice will prevail…God will save the country…
Nakapagtataka kung bakit ang mga nakapuwesto pang mga General ay parang hawak sila ng mga retirado at ngayon Tuta ni Glorya. Hinahayaan nila etong Gobyernong ito na babuyin ang hanay nila. Nakaka-awang tignan itong mga batang opisyal na dahil lang sa kawalan ng tiwala sa Gobyernong ito sila ay nakakulong at yong mga opisyales na nagpapasasa sa pagnanakaw ng kaban ng Bayan .. sila ay malayang malaya. Eto pa man ding mga opisyales na ito ay graduweyt sa prestihiyosong paaralang PMA. Dapat sila ay i-firing squad at ang mage-execute nito ay yong mga bagong istudyante ng paaralang ito para bumalik ulit ang tiwala ng mga tao.
Off topic: UAE denies mass exodus of foreign workers … natatawa lang ako dahil kagagaling lang ni Glorya para daw ma-secure ang trabaho doon. Ngayon ano ang masasabi nila sa balitang ito.
Ang katotohanan talaga pumunta siya para ma-secure ang mga kuwalta nilang naka-invest doon. Sinungaling talaga!!!
hindi ba she is scheduled to visit..Egypt and Syria this week or has she left? I hope this is not her flight to Egypt! Siya ang dapat pagbawalan magbiyahe!
Hayaan niyo na kahit saan pumunta … idalangin na lang na sana dapuan siya ng virus ng swine flu. Para matepok na.
At tungkol naman kay Jun Lozada, dadamputin lang siya pag wala na si Yano. Sigurado ko mas hihigpitan na naman nila ang processo sa ating mga magigiting na sundalo. Sabi nila itong si Ibrado ay bata ni Espi na kabit ni Glori.
Nagtataka lang ako kung ano talaga ang nasa isip ng kasundaluhan? Na tama ba ang pinag-gagawa ng Gobyernong ito? Na mali ang ginagawa ng sambayanan na sabihing mandaraya, magnanakaw at mamatay tao yang si Glorya et al? Ano kaya??????
Ano kaya ang nasa isip ng kanilang mga pamilya. Ipinagmamaliki pa ba nila ang gawain ng kanilang amang General? Ano kaya?????
Ahhhhhhhh Datung lahat ang dahilan.
glorya: just like you I wish na sana madapuan ng swine flu ang mga baboy sa Palasyo niya at mamatay ang lahat na baboy doon.!
As long as Gloria is in Malacanang, these officers will not get justice. No AFP chief will dare allow them to be declared not guilty. To do so would support Gen. Lim’s description of her as “bogus president”.
This is a political case and it will only be resolved if the issue of Gloria Arroyo is corrected.
The families’ support, as seen in the pictures, is admirable.
I just read in the news that the ex-Magdalos who were supposedly arrested were going to spring out the datainees (Magdalos and the Tanay Boys) from detention. Saan naman nila dadalhin ang mga ito? Sa bundok? Hello! I do not think so. These soldiers actually came to grips with their detention already. Ano ang gagawin nila? Magtatago? Talagang ang Armed Forces ni Pidal eh pulpol talaga! Thinking like asspweron ang karamihan ng mga heneral. Para lang may masabing ginagawa, mahilig gumawa ng kuwentong kutsero!
Harinawang sa kaka-travel ay madapuan ng deadly virus. At ng matepok na! Pilipinas, kay samang hiling pero kung yan lang ang paraan…harinawa!
True or not, I hope those Magdalo soldiers are rescued. Another coup is imperative at this time considering that the Malacanang dogs are determined to stay in power.
Bibisita ‘ata si gloria sa Egypt ang libingang pyramid ni Cleopatra. Baka naman sabihin niyang kamag-anak din ng mga nuno niya? Ang alam kong lahi nila ay ‘yung mga itim na nuno sa punso ng kababalaghan, eh.
Huwag sanang ipahintulot dahil masama ang nag-iisip ng masama sa kapwa, kasalanan sa Diyos. Subalit, kung ito lamang ang paraan upang mahango ang sambayanang Pilipino mula sa pagkakalugmok sa kahirapan at walang katapusang panlilinlang ng duwendeng pusakal, SANA, gumuho ang pyramid na bibisitahin niya at doon na siya malibing nang BUHAY!
Subalit, kapag nakalabas pa siya, dapat ay halughugin, kapkapan ang bruha’t baka kinawat ang kayamanan sa libing ni Cleopatra.
Alam naman natin kung gaano kasuwapang ang walanghiyang ‘yan!
Teka, di ba kailangan nila ng panibagong wetness? Dapat imbitahan nila si apostol dahil maraming alam ‘yun tungkol sa diaphers. Pati na rin Raul Goonz.
Tugo, este pugo,
Sana nga magkatotoo ‘yang inaasam mo. Kahit pa kasalanan ang manalangin ng masama sa kapwa, kung kapalit naman nito ay paglaya ng aking mga kababayan mula sa kuko ng halimaw ay papayag akong makasama siya sa impiyerno at doon ko siya sisingilin sa harap ng kanyang dinidiyos na demonyo.
Maiba ng konti.
Regarding the case of that officer who distributed CDs of Erap’s film, the case is an unconstitutional infringement of freedom of speech, even in the limited political space of the soldier.
In the case of US v Jeremy Wilcox(Crim. App. No. 20000876, July 15, 2008), the Court of Appeals for the Armed Forces stated that the following are Constitutionally protected speech:
1. attending a Ku Klux Klan rally
2. recruiting other members of the Armed Forces to join extremist activity
3. distributing extremist literature
4. advocating extremism on the internet, while identifying himself as a US army paratrooper.
The charge was similar, “conduct under the circumstances, prejudicial to good order and discipline and service discrediting.”
Note that the decision was rendered after 9/11. Despite that, the US military still upheld the First Amendment.
Time to file a petition for a writ of prohibition, so that the Officer and Gentleman can be saved from the military swine.
when will gen esperon testify in the military court? wish to observe the proceedings if schedule permit. heard that gen martir and gen guerrero appeared this morning. what happened?
Ellen will have the answers for us soon, Ryan.
No schedule yet for Esperon. It was Martir’s turn at the witness stand yesterday but no big deal. He related about the meeting at the marines headquarters on Feb. 23, 2006. He is not yet through with his direct testimony. He will continue his direct testimony on May 14.
Gen. Guerrero will come after Martir.
I’ll write more about this maybe tomorrow.
To attend the court martial hearings, you can come with the relatives of any of the accused.
It’s held at the Daza Park in Camp Aguinaldo.