Category: Military

Concerns raised over declaration of martial law in Maguindanao

Published by Ellen on December 5, 2009

It’s official: Gloria Arroyo declared martial law in Maguindanao Dec. 4, 2009, 9 pm.

Lawyers and civil society groups are concerned saying there is no invasion or rebellion to warrant it.

Secretary Eduardo Ermita announced Proclamation No. 1959 proclaiming a state of martial law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao, except for certain areas identified as bailiwicks of the Moro Islamic Liberation Front (MILF).

Text of Proclamation 1959

Proclaiming a State of Martial Law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao except for certain areas.

Whereas, Proclamation No. 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas.

Whereas, Sec. 18 Art. VII of the Constitution provides that “in case of invasion or rebellion, when public safety requires it, the President may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”

Whereas, Republic Act 6986 provides that “the crime of rebellion or insurrection is committed by rising publicly and taking arms against the government for the purpose of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.”

Whereas, heavily armed groups in the province of Maguindanao have established positions to resist government troops thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land to maintain public order and safety.

Whereas, the condition of peace and order in the province of Maguindanao has deteriorated to the extent that local judicial system and other government mechanisms in the province are not functioning; thus, endangering public safety.

Whereas, the implementing operational guidelines of the GRP-MILF agreement on the General Cessation of Hostilities dated 14 Nov. 1997 provides that the following is considered a prohibited hostile act: “establishment of checkpoints except those necessary for the GRP’s
enforcement and maintenance of peace and order and for the defense and security of the MILF in their identified areas as jointly determined by GRP and MILF.”

Now, therefore I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby proclaim as follows:

Sec. 1: There is hereby declared a state of martial law in the
province of Maguindanao except for the identified areas of the Moro
Islamic Liberation Front as referred to in the implementing
operational guidelines of the GRP-MILF agreement on the General
Cessation of Hostilities.

Sec. 2: The privilege of the writ of habeas corpus shall likewise be
suspended in the aforesaid area for the duration of the state of
martial law.

Done in the City of Manila this 4th day of December in the Year of Our
Lord, Two Thousand and Nine.

(Originally Signed)

Gloria M. Arroyo

By the President:

(Originally Signed)
Eduardo Ermita
Executive Secretary

Ermita cited as basis Art.7, Sec. 18 of the Constitution that says:”The Presient shall be the commander-in-chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

11 cleared officers walk out of detention

Published by Ellen on November 3, 2009

by Victor Reyes
Malaya

The Armed Forces yesterday released from detention 11 Army and Marines officers who were recently cleared of mutiny charges in connection with an alleged plan to overthrow the Arroyo government in February 2006.

The release order was signed on October 30 by Lt. Gen. Rodrigo Maclang, AFP vice chief who was acting chief at that time. AFP chief Gen. Victor Ibrado was then in Hawaii attending a meeting of armed forces chiefs in the Pacific.

Maclang consulted Ibrado before signing the order.

Palparan, yes; Magdalo, no

Published by Ellen on October 30, 2009

Former Air Force 1st Lt Ashley Acedillo, Magdalo spokesman

The Comelec gave accreditation as partylist to dubious groups represented by people close to Malacañang yet they denied the application of Samahang Magdalo based on their paranoia and misconception of the group.

In denying the group’s accreditation, Commissioner Nicodemo Ferrer said that “the principal founders of the Magdalo Para Sa Pagbabago Party remain unrepentant and that they still harbor the propensity to engage in another illegal adventure similar to the failed 2003 Oakwood Mutiny, should they again fail to achieve their goal — this time with the use of the political party that they are now applying for accreditation and which may very well be used by them to recruit and indoctrinate disciplined followers which may become their blind followers.”

The Magdalo group today assailed the denial of the application as party list as “unfair, defective, myopic and shortsighted”

Tuloy pa rin laban

Published by Ellen on October 28, 2009

Nakakabingi ang katahimikan sa hanay ng 28 na opisyal ng military na humaharap sa kasong mutiny ng binasa ang desisyon na “Denied” ang kanilang motion na sila ay ipawalang sala.

Walang emosyon ang kanilang mga mukha ngunit ramdam ang bigat ng kanilang damdamin. Parang nabalutan ng itim na ulap ang courtroom.

Nagdesisyun ang military court noong Martes na i-deny ang motion ng natirang 17 na opisyal na ibasura ang kasong mutiny sa kanila dahil hindi naman napatunayan na nag-plano at kumilos silang patalsikin si Gloria Arroyo sa kanyang ninakaw na pwesto.

Miranda, Lim, Querubin and 14 others won’t be released

Published by Ellen on October 27, 2009

by Victor Reyes
Malaya

A military court yesterday denied a motion of 17 military > officers, including two senatoriables, to dismiss the mutiny charges filed against them in connection with the alleged plan to overthrow the Arroyo government in February 2006.

The court did not buy into the contention of the accused, through their counsels, that the prosecution’s evidence against them are weak to sustain the charge of violation of
Article of war 67 (mutiny).

“After due deliberation, the court resolved to deny the motion of the accused,” said the ruling, read by law member Col. Marian Aleido, in dismissing the motion for finding of
not guilty.

Prosecution blocks release of 11 acquitted officers

Published by Ellen on October 26, 2009

The prosecution in the court martial of the 28 officers charged with mutiny in connection with the February 2006 alleged withdrawal of support from Gloria Arroyo is blocking the release of the 11 officers acquitted last Oct. 15.

Trial Judge Advocate Lt. Col. Feliciano Loy said last Oct. 21, he asked for the nullification of the court’s decision acquitting the 11 of the 28 respondents and moved to “reopen to adduce additional evidence.”

Loy said in his motion, he said the court headed by Maj. Gen. Jogy Fojas denied the prosecution due process when it ruled on the motion of the defendants for a ruling of not guilty on the same day the accused submitted their respective “Motion for the Finding of Not Guilty.”

Ang susuportahan ng Magdalo para presidente

Published by Ellen on October 24, 2009

Samahang Magdalo will support the presidential bid of Sen. Francis Escudero.

This was announced this morning by Magdalo Party Secretary General Francisco Ashley Acedillo after the first Magdalo national convention held at the UP hostel.

Sino kaya ang susuportahan ng Samahang Magdalo para presidente? Siyempre oposisyun ang kanilang pagpipilian. Hindi naman pwedeng ang kandidato ni Gloria Arroyo na si Gilbert Teodoro.

Mamimili sila kay Chiz Escudero, Noynoy Aquino, at Manny Villar.

Sa aking pag-uusap sa karamihan sa kanila, ang pinagpipilian ay sa pagitan ni Chiz at ni Noynoy. Basa ko mas kiling sila kay Chiz dahil sa kanyang kongkretong programa sa pagreporma ng pagpatakbo ng pamahalaan.

Words do not constitute mutiny

Published by Ellen on October 18, 2009

Guinolbay, Querubin, Verdadero. Lim, and Langkit

Atty. Vic Verdadero was in his element last Thursday when he filed the motion for a finding of “not guilty’ for his clients accused of violating the 67th Articles of War which is “attempting to create, begin, cause or join mutiny” for something that did not happen in February 2006.

Verdadero is counsel for Brig. Gen. Danilo Lim, then the commander of the First Scout Rangers Regiment and 14 other Rangers and one member of the Army Special Forces, Capt. Dante Langkit.

The 14 other Rangers are Lt Col. Nestor Flordeliza, Lt. Col. Edmundo Malabanjot, Maj. Leomar Jose Doctolero, Capt. Montano Almodovar, Capt. Isagani Criste, Capt. Joey Fontiveros, Capt. Frederick Sales, Capt. James Sababan, Capt. William Victorino Upano, 1Lt Ervin Divinagracia, 1Lt Sando Sereño, 1Lt Jacon Cordero, 1Lt Homer Estolas, and 1Lt Richiemel Caballes.

Hustisya para sa 40 na tinanggal

Published by Ellen on October 17, 2009

Nag-apela si Capt Ruben Guinolbay kay AFP Chief Victor Ibrado na kung maari ibalik rin sa serbisyo ang 40 na enlisted men na tinanggal sa serbisyo sa paratang na kasama raw sila planong magwithdraw ng suporta kay Gloria Arroyo noong Pebrero 2006.

Si Guinolbay ay isa sa 11 opisyal na napawalang-sala noong Huwebes ng court martial na naglilitis sa 28 opisyal na inakusahan ng mutiny o umalsa laban sa pamahalaan ni Gloria Arroyo noong Pebrero 2006.

Pagkatapos ng tatlo at kalahating taon na paglilitis na ang mga akusado ay nakakulong, sinabi ng korte na walang ebidensya laban sa kanila. Ni minsan hindi man lamang sila nabanggit sa kung anong dokumento o testimonya ng mga testigo na naipresenta sa court martial.

11 cleared of mutiny charges

Published by Ellen on October 15, 2009

(Sitting)Lt. Col Malabanjot, Col. Caringal, Lt. Col. Flordeliza

(Standing) Capt. Guinolbay, Maj. Fernandez,Capt. Sales, Capt. Aurino, 1Lt Sereño, 1Lt Caballes, 1Lt Divinagracia, 1Lt Cordero.

Ruling on 17 remaining defendants deferred

by Victor Reyes
Malaya

A military tribunal yesterday cleared 11 of the 28 military officers facing court martial for the alleged attempt to overthrow the Arroyo administration in February 2006.

Statement of the Magdalo group of officers who are also in detention for the Oakwood and Manila Pen incidents:

We welcome the acquittal of 11 of our brother AFP officers who have languished for more than three years, unjustly detained in several military camps.

We laud the efforts of their defense lawyers, who stuck by these officers despite great odds.

But most of all, we raise our hats to these fine officers and gentlemen, for their unflagging devotion to their principles, and wish them all the best as they continue their service to God and country.

For our other brother officers and lone sister officer still facing the bar of justice, we urge you to stand fast and stay the course.

We sincerely hope that the AFP acts with extreme urgency and utmost fairness in finally bringing the matter to a just and humane conclusion.

Two Marine and nine Army officers were acquitted for lack of evidence.