AFP to give recommendation on Gudani-Balutan case this week

The military’s Provost Marshal will submit within the week before the Judge Advocate General Office (JAGO) its recommendations for the pretrial investigation of Brig. Gen. Francisco Gudani and Lt. Col. Alexander Balutan for defying their Commander-in Chief in testifying before the Senate without permission.

Military information chief Lt. Col. Buenaventura Pascual said investigators have already found strong evidence to warrant the pretrial investigation against the two Marine officers.

Gudani and Balutan were relieved from their posts at the Philippine Military Academy (PMA) and ordered court-martialed hours after appearing before the Senate last week to testify on alleged vote-rigging in Mindanao during last year’s general elections.

Accompanied by a former Marine general, Sen. Rodolfo Biazon, chairman of the Senate defense committee, both Gudani and Balutan presented themselves before the office of Col. Henry Galarpe, the military’s Provost Marshal, last Monday for the supposed pretrial hearing.

The proceedings, however, became an occasion for the military to question them further.

Upon advice of their counsel, Senate legal officer Napoleon Pablador, the two Marine officers refused to answer the investigators’ questions, invoking their right to remain silent.

Since Gudani and Balutan did not contest the charges, Pascual said the Provost Marshal was forced to hold a pretrial session for the two accused officers.

"I believe that will be the recommendation (of the Provost Marshal). The evidence against them is strong and they did not give a counter-statement," Pascual said at a news conference in Camp Aguinaldo.

"It would have been better if they (Gudani and Balutan) gave statements so that the Provost Marshal could study the case," he added.

Gudani and Balutan could be charged with violating Article of War No. 65 — willfully disobeying a superior officer — after they testified before a Senate investigation last week despite a last-minute directive from President Arroyo prohibiting military officials from appearing without prior approval.

Balutan earlier justified their appearance before the Senate because of an existing order from higher headquarters.

"It was kind of a setup," Balutan said. He added leaving Baguio City the night before the Senate inquiry, claiming there was a standing order for them to appear before the Senate.

But upon reaching Manila the following day, nobody bothered to call their attention to the presidential order prohibiting them from testifying.

"Last minute na nang sabihan ako tungkol sa bagong directive (there was no notification about this fresh directive). It’s too late," Balutan said.

On the other hand, Gudani, who retired yesterday upon reaching the mandatory retirement age of 56, could still be prosecuted by the military court because he committed the offense while still in active service, the AFP insisted.

"The offense was committed on September 28, when he (Gudani) was still in active service. He is still under military jurisdiction for the purpose of investigation and trial, if ever," Pascual said.

Gudani and Balutan testified on the military’s alleged involvement in election fraud in the May 10, 2004 elections before the Senate committee on national defense and security.

Gudani was the PMA’s assistant superintendent while Balutan was the assistant commandant of its corps of cadets.

Pascual admitted Gudani could now freely testify before the Senate since he is no longer covered by the presidential gag order.

When asked if the military was concerned that Gudani could expose more evidence of alleged election fraud, Pascual said: "The Armed Forces does not care about those things."