Breaktime, May 5, 2009 hearing
Update: The hearing for May 19 has been reset to May 26.
I never harbored the illusion that the 28 officers accused of mutiny in connection with something that did not happen in February 2006 will get justice as long as Gloria Arroyo is in power.
That view is becoming a disturbing concern by the decisions of the panel presiding in the court martial led by Maj. Gen. Jogy Fojas.
On Tuesday, the defense lawyers will start the cross-examination of Maj. Gen. John Martir.
It would be Martir’s third day in the witness stand, which saw the court changing the rules in the middle of the trial. The defense lawyers can only sigh in exasperation.
The 28 officers were led by Maj. Gen. Renato Miranda and Brig. Gen. Danilo Lim were arraigned on the amended charge sheet that stated….”on or about Feb. 23, 2006, in Camp Aguinaldo and Fort Bonifacio, Makati City, …., conniving, confederating and mutually helping one another,… attempted to create or begin, excite, cause or join a mutiny by withdrawing their support from Pres. Gloria Macapagal-Arroyo, commander-in-chief of the AFP and other officers and enlisted personnel to likewise withdraw their support from the President and attempting to join the protest actions of the so-called civil society groups and political oppositions calling for the President’s resignation with the intent to usurp, subvert and/or override lawful authority.”
The phrase “and on dates prior or subsequent thereto” in the original charge sheet was deleted. Before the arraignment in May 2008, it was agreed by both the prosecution and defense lawyers and approved by the court that the stand-off at the Marines headquarters at Fort Bonifacio would not be included in the testimonies of the witnesses. In fact, a number of witnesses, in the past hearings were dispensed with because their testimony was limited to the Feb. 26, 2006 stand-off.
In a puzzling turnaround, the court decided to allow Martir to testify on the tension over the replacement of Allaga of Miranda as Marines commandant on Feb. 26, 2006.
One after another, the defense lawyers protested saying that their clients were arraigned for what was supposed to have happened “on or about Feb. 23, 2006” and not for what transpired three days after. Gilbert Gallos, counsel for Col. Orlando de Leon, told the court, “You can’t be tried or convicted for a crime you were not arraigned.”
Teddy Rigoroso, counsel for Maj. Francisco Domingo Fernandez and Lt. Belinda Ferrer, said, “This would practically amount to a mistrial.”
Several times, Vicente Caoile, Jr., counsel for Col. Armando Bañez interrupted Martir’s narration of the Feb. 26 trouble inside the Marines headquarters because he said it defies logic that an event on that day would lead to an alleged plan to join the rally three days before.
Vicente Verdadero, counsel for Danny Lim, said “the integrity of the court is judged by the consistency of its ruling.” He appealed to the court to not to allow testimonies on Feb. 26 because it would “make mutiny a continuing crime”. One lawyer said there is “no such animal as a continuing mutiny.”
All the lawyers protestations were to no avail. The law member of the panel, Col. Marian Aleido, denied all the defense lawyers’ objections.
Verdadero said “I have one strong fear.” The accused, their lawyers and their relatives share that fear.
Photo caption:
1.Mrs. Luz Galia, foster mom to many PMA cadets in Baguio city. With foster sons Captains Joey Fontiveros, James Sababan, and Dante Langkit.
2. Lt. Jacon Cordero, the youngest of the 28 detainees, with his father, Gen. Cordero, mother and wife, Mazenith.
3. Lt. Col. Nestor Flordeliza with wife Cherry Ann.
4.Capt. Erick Sales with the detainees spiritual adviser, Fr. Levi.
5. Capt. Gani Criste
6. Captains William Upano and Dante Langkit
I get the feeling that the panel does not want to decide on the case. They just want to prolong the trial. Since most of their witnesses can only testify on the Feb. 26, 2009 incident, they had to allow that even if the accused were never arraigned on that “crime”.
It’s so difficult to hold on to one’s remaining thread of trust in military justice the way the trial is going.
Theatrics? Simple lang yan.
In a case we tried, years ago, the defense wanted to present a witness whose testimony was going to be merely cumulative (repetitive of other testimony). We were private prosecutors in a criminal negligence case. We used a technique from transcripts of an old case, that I read while still a researcher in a law office. It goes like this:
sax: May we have a proffer of evidence Your Honor? What would be the substance of the testimony of the witness?
Defense: She will testify on the carefulness of the driver, and her (female driver) habitual careful ways and etc. etc.
sax: Okay, we stipulate to that effect; and we admit, that if the witness will testify, the substance of the testimony will be as stated, xxx, xxx, xxx. We, however, make no admissions as to the truth of the substance of the testimony. And we waive our right to cross-examine the witness.
sax: So we can dispense with this witness Your Honor. We move that this testimony be dispensed with, the substance thereof, having already been stipulated on.
Judge: Motion granted.
Blindsided ang kabila. How do you object to an admission? Actually, gusto niya lang humaba ang billable hours. In this case, gusto lang ng prosecution na humaba ang pagkakulong ng mga kawal.
So palpal ang testimony ng prosecution, then you file a motion to dismiss by way of demurrer to evidence. I know one was filed earlier by Verdadero, but that was denied to make way for prosecution evidence. Now that the prosecution evidence is in, the motion to dismiss by way of demurrer to evidence will have to be resolved on the merits.
Kulang pala. Ganito yung isang part:
We, however, make no admissions as to the truth of the substance of the testimony. As to their weight in evidence, we yield to the discretion of the Honorable Court. And we do not intend to cross-examine the witness.
I believe covered din yan sa libro ni Vicente Fransciso (Rules of Court). I read its application in a transcript – a trick used against my then employer.
SnV, there was a lot of exchanges on relevance of Martir’s testimony on the Feb. 26 incident. The court allowed Martir to proceed on condition that the prosecution prove its relevance to what is in the charge sheet which is alleged plan to join rally on Feb. 23, etc. etc. or else it would be stricken out from the record.
After three hours of question and answer and it was all about the tension at the turnover of command from Miranda to Allaga, the defense moved that it be stricken out from the record.
Denied.
Haaaayyyyyy…talaga Ellen. The intention of Gloria’s panel from the beginning is just to proloooooong the hearing as there’s really no case. While the kumander-in-cheat spoils her AFP super nannies, the grand moro-moro will have its repeat performances.
Let’s make Col. Ariel Querubin a senator, tapos ay babawi tayo ng todo kay Gloria and her hinayupaks!
There was one part when Martir alleged that Col. Custodio Parcon (a medal of valor awardee) and Lt. Belinda Ferrer were chanting “withdrawal of support, withdrawal of support” (di ba parang it’s an awkward chant).
Verdadero said they were chanting withdrawal of support from Allaga.
In the next question of Prosecution lawyer Serme Ayuyao, he added “withdrawal of support from the President”.
Objection.. objection.
The tape was played and it was clear, Martir jsut said “withdrawal of support”. Nothing more.
It was one of the rare times that the court sustained the objection.
The defense lawyers underscored that there were three things that the charge sheet alleged. That the accused on Feb. 23, 2006 connived to 1)withdraw their support from Arroyo;
2)convince other officers and enlisted personnel to likewise withdraw their support Arroyo;
3)join the protest actions of the so-called civil society groups and political oppositions (which was scheduled Feb. 24, 2006)
They asked, how could that have happened on Feb. 26, 2006, three days after the scheduled event.
It really defied common sense.
Okay lang yun admitted even if irrelevant. Then, in your brief, you harp on it, even ridicule it.
The elements of the offense, are xxx xxx. In its testimonial evidence, however, the prosecution presented xxx xxx, and wants the Court to make a leap of logic that this irrelevant matter proves an element of the offense.
Para nga hindi na makapasok, ask for a proffer of evidence, then admit that that will be the substance. Again, emphasize that the admission is as to what will be testified on, not the truth of that testimony.
Withdrawal of support, withdrawal of support. Chant ba yan or rap?
Okay pa rin, because the articles of war state that mutiny is disobedience, and jurisprudence speaks of specific mission orders of a specific officer. In fact, another element, as stated by jurisprudence, is the attempt to wrest command or authority from the specific officer. Think of mutiny on the bounty and Captain Bligh. Yan ang classic definition.
Martir’s testimony even helps the defense.
Kukutyain ko pa ang witness na yan were I there.
“May we ask the witness to give us a sample of the chant, if Your Honor please? It sounds long-winded to me. I want to hear how the accused were sounded while chanting it.”
I want to hear how the accused sounded while chanting it.”
Okay yan, SnV. This is a good idea for the defense lawyers.
Off topic:
President Arroyo has named her only daughter, Evangeline Lourdes “Luli” Macapagal-Arroyo, program director of the newly-created Coral Triangle Initiative (CTI) secretariat that will carry out the resolutions formulated by the leaders of six CTI member countries at their summit meeting in Manado, Indonesia over the weekend.
….The Arroyos are now complete in the government.
In the next question of Prosecution lawyer Serme Ayuyao, he added “withdrawal of support from the President”.
Objection.. objection.
Gusto ko nga yung withdrawal of support from the president. Mutiny is disobedience, and the intent to wrest control and authority from a military officer. The president is not a military officer, even if she is the commander in chief.
In an exchange involving Martin Querubin in another thread, it was explained that the Constitutional provision of civilian authority over the military is fulfilled by the president, a civilian, being the commander in chief of the armed forces. In fact, the defiance to civilian authority is covered in the provisions on sedition.
Now sedition was not charged. So even if sedition were proved, walang conviction. And because it involves the same acts, double jeopardy sets in. TKO ang mga bobo.
As for sedition, there is ample jurisprudence to prove that it is unconstitutional, because it goes against the right to peaceable assembly.
Isa pa.
May we ask the witness to repeat Your Honor? What was that again? Withdrawal ng supot? I did not catch it.
Kaya pala nagkakaletse-leste ang mga kasundaluhan natin Saxnviolins e SUPOT pala yong mga SIR natin sa AFP kaya di makapanindigan sa Katotohan…common sense naman, kakasuhan nila yong mga pobre, BAKIT? E nag papakatotoo lamang ang mga ito, may kalayaan silang mag withdraw ng support kung ang nakasalalay dito ang katatagan ng bansa sa kamay ng mga kurap at magnanakaw.
Dapat ang ipakulong e yan mga tropang supot na protektor ng rehimeng Arroyo. Palayain ang mga binyagan sapagka’t may balls sila upang harapin ang pakikibaka laban sa mga supot sa ating lipunan. Opppsssss….SnV nahawa na ako sa iyong nota, pasin-tabi folks i used my laymans words ha. Kayo na ang umintindi ok!
John Rat will not be practicing the chant/rap, “withdrawal of support!, withdrawal of support!.”
will now be practicing..
Sax, the fact that Martir is an AWOL in the AFP for over 400 and more days and was never disciplined, would this not affect his credibility as a witness?
Sax, the fact that Martir is an AWOL in the AFP for over 400 and more days and was never disciplined, would this not affect his credibility as a witness?
Good point psb. In fact, if they cross-examine, I’m sure they would dwell on this.
Isn’t it true that you were AWOL for 475 days? That you went to the US intending to immigrate while still on active duty? Did you continue to draw your salary all this time?
Didn’t you fabricate two conflicting affidavits to explain away your absence?
Kapag nag-object, ang sagot, just testing the witness credibility Your Honor.
Thanks Sax. The defense rests…
Another thing too is, Martir testified against Col Querubin again in the coup of the 80s. Col Querubin knows that Martir can not be trusted. Why will Col Querubin tell Martir “Let us stage a coup against Arroyo”?
ET TU, LULI???
Ikaw na lang sana ang natitirang matino sa inyong pamilya ay pumayag ka pang sumama sa pangkat ng mga hudas? Iha, sabihin mo sa akin kung sino ang kasama mo at sasabihin ko sa iyo kung sino ka!
Sana tumiwalag ka na lang sa appointment mo. Hindi masama ang hindi sumunod sa magulang kung alam mo ang kanilang kasamaan,,, may panahon pa!!!!!!
ang lahat ay may hangganan. matatapos din ang kawalanghiyan ng mga PMAers na ipinagbili ang kanilang mga kaluluwa sa rehiming Arroyo. MATTER OF TIME magbabayad din ang mga yan, kasama ang kanilang pamilya…at mga magulang na di kayang turuan ang mga anak nila …NAKAKAHIYA KAYO!!
Taga ilog: you are right..there is an end to everything..it is a matter of time and the end of Arroyo’s regime is coming..naalala ko tuloy ang sinasabi ng isang ali sa subway..Folks, repent..the end of the world is coming..repent..and to borrow her words and directing it to our leaders..president down the line (command line) and to CBCP members, priests, nuns bishops and lay leaders abd all the religious leaders…Repent ..the end of the evil regime is at hand..
Sana nga. Sana.
When’s MGen (aarrgh!) Joanna Martir’s next schedule on the wetness seat?
Will (s)he not fabricate evidences and testimonies against the accused? He maybe dead jealous most especially to Col Querubin because of waves of support the latter was getting since his published letter of intent to run for the senate and will do all his worst to pin the colonel down.
If Joan Rat’s testimony was recorded during his first appearance, then his next can be compared to it and from there one can gather indications of lies.
Can’t the legally elected president’s role as commander-in-chief of the entire Armed Forces of the Philippines be stressed as ceremonial only to avoid having a hand in influencing the chain of command?
Since the assumption to power of that woman, everything went down to drain, with it is our national pride.
I was informed that the hearing for May 19 (Tues) has been postponed to May 26.
Ganyan ang gagawin ng prosecution panel na sumusunod hanggang ngayon sa utos ni Assperon.
Ibang klaseng mga members ng court martial. Bahag ang mga buntot sa isang sutsot ng supot at pandidilat ng mata ni putot.
Tsk. tsk. tsk. Mga opisyal na hindi dapat saluduhan.
Naw wi nu!
With Gloria and Asspweron calling the shots, the AFP courts panel will drag the hearing until 2010 or even beyond…
Sinabi mo pa Chi. There is really no case and they know it! But just to keep these men in detention, they have to keep postponing it.
For those who had subjected themselves to the incarceration, and who truly bear the consequences of their protest on the “Hello Garci” cheating, they are ever patient, But for those who feel they were dragged into this may be going through hell everyday they are detained. These will be the ones who may not be able to blend back into the AFP once their case is resolved.
The way I see it, John “Rat” will be given the Marine Commandant’s position after he has told his LIES on his comrades. The reward is the position which everybody knows and he does too that he will never have if those marine officers were not put in detention. Nakakahiya siya talaga! Manang mana kay putot na mandaraya para lang makaupo sa trono. At kahit na isinusuka siya, eh ayaw umalis sa pwesto.
Kumendeng lang ng testimony against the Tanay boys si John Rat Martir, meron na kaagad reward from his commander-in-cheat. Malaki talaga ang iniumang na keso kay John rat. Mapuntuhan sana ng ligaw na bala sa unang misyon n’ya as Marine Ranger commandant.
Teka, teka, teka.
Let’s not forget that it was not only AWOL that was Martir’s offense. There was also fraud and falsification of documents and the subsequent conspiracy to coverup. It is also a fact that he collected salary while AWOL.
Remember the conflicting dates of the notarization and the affidavit’s preparation? The conflicting dates of the application for leave and then approval?
Nasabi na pala ni SnV yon. Okay lang, just to stress the point.
Ellen, I have a friend invitation from Ma Luz Galia in FB. Is that her on the first photo?
I heard about that too Toungue-the conflicting dates. Nauna yata yung notary kesa yung pagpirma niya. Heh,heh,heh. Di ba dapat same date yun or he signs first then notarize. Ito, baligtad.
Bakit pa tuwing hindi nila gusto ang takbo ng hearing ay pinopostpone? Is that a standard operating procedure? No wonder hindi natapos tapos…
Rose, delaying tactics lang yan dahil gusto nila pandak, asspweron at ni martir eh nakakulong ang mga yan para walang sagabal sa kahayupan nila!
Sana sa susunod na hearing sa May 26 ay tamaan sana ng kidlat ang kinauupunan at malitson ang members ng prosecution panel sa pinagdarausan ng hearing para matigil na ang pagmomoro moro nila’t magsilbing babala na rin sa mga hudas na nananahanan sa malakanyang.
Huwag naman Starch, pati yung mga magigiting (excluding the Voltes 5) eh masunog din!
Talaga itong si psb, oo.
Maliwanag namang ang hinihiling kong tamaan ng kidlat ay ‘yung kinauupuan ng mga kupal na prosecution panel members, eh.
Malayo naman ‘yung mga kinikengkoy nilang nililitis sa kanilang kinuupuan.
Sino ba ‘yung limang super heroes na ‘yun?
Ellen, pwedeng pakibulong sa hangin? Ay! Huwag nga pala. ‘Daming hunyango nga pala sa paligid. Baka tangayin sa mga tsismoso at tsismosang bayarang ng suwitik na ganid. Pakipasa na lang sa aking bahay.
Hindi ko alam kung sino itong dating magigiting na naging matsing, ah?
Tsk. tsk. tsk.
Nabayaran siguro ang mga ‘yun. Marahil din, sila ang dahilan kaya ‘yung dating malimit dito ay tinabangan na’t napahiya nang pumalpak ang paniniwalang tamang mga tao ang kanilang sinusuportahan at iginagalang, hindi sina Col Querubin na kanilang sinisiraan.
psb, bawasan mo ang pag-inom ng kape. Kulang siguro sa asukal at krimer. O baka halos walang tubig.
He he he heeh.
With regards to the Affidavits that Gen Martir submitted to the Commission on Appointments:
1. Affidavit of Gen Martir referred to an anonymous letter dated September 18, 2006 but his Affidavit was done on August 6, 2006.
2. Affidavit of Col Julna Carrillo, best friend of Martir, whom he asked favor to extend his vacation leave but which Carrillo overlooked. Col Carrillo left the country in April 2006 but he executed an Affidavit in Taguig City on August 01, 2007 but it was subscribed and sworn to before Col Pedro Davila on March 18, 2006. Col Davila testified in the Senate CA Committee hearing and said that the affidavit was anticipatory only. He signed it in march 2006. He does not have anything to do daw with the affidavit itself.
What is worst is that the Immigration records of Col Julna Carrillo was deleted in their records. No data at all of the arrivals and departures of Col Carrillo.
All the four affidavits that Gen Martir submitted were all subscribed and sworn to before Col Pedro Davila, the Staff Judge Advocate of Gen Esperon.
Nagtataka pa tayo eh, mahusay sila sa mahika negra.
Nag-umpisa silang matuto noong 2004, kasabay ng pagkapanalo kahit talo ni Da King si gloria.
Naku naman! Ang ating pagtitiis na ire ay hanggang kailan?
Gising na, bayan!
Jose, na-white wash man ang mga records ng AFP, katulad ng ginawa nila sa Mayuga report, the original copies or at least the certified original copies of the documents were already gotten. Actually, all senators have copies of these before Martir was supoosed to be confirmed for his first star. BUT THE SENATORS CONFIRMED HIM ANYWAY. Bale wala yung AWOL niya and the wronly dated affidavits niya. Ganyan ang EK ni bansot, lahat eh napapakiusapan, nababayaran ng pera o contracts o nakukuha sa takutan. Wala ng Law and Order sa rihimeng ito. Suhulan at bastusan na lang!
I wonder what is the meaning of “Be Not Afraid” movement of the good Senator.
Wala ng Law and Order sa rihimeng ito. Suhulan at bastusan na lang! – parasabayan
psb,
Pasintabi sa inyong lahat, mawalang galang na. Hindi ko na ito mapipigilan. Dito man lang makaganti tayo:
P-inagbili ninyo kami
U-bos na ang para sa amin
T-ahimik lang kami
A-ano man ang gawin n’yo
N-asasaktan man kami
G-awin na lahat ang gusto n’yo
I-isipin na lang namin
N-agkamali kami
A-t wala nang magagawa
N-ariyan na ‘yan
I-nubos ninyo na
N-ilimas n’yo pa
Y-amang para sa amin
O-, lamunin ninyo, isaksak sa baga n’yo!
Kaibigang Jose,
I never realized ganyan na rin si Davila?! Siguradong TJAG na yan pag SND na si Esperon!
Nice application of the Principles of War!
Tongue, re your question, “Ellen, I have a friend invitation from Ma Luz Galia in FB. Is that her on the first photo?”
Yes, she is the Luz Galia in the first photo. She is a public school teacher. Since it’s vacation time, she is able to attend the hearings of her foster sons.
Mistah ba sina Col Carillo at GenMaj Martir?
Kung ganu’n, lumalabas palang si Col Querubin lamang ang “hindi marunong makisama” sa kanila kaya pinagtutulungang padapain?
They are not for truth. They are not for justice. They are not for right.