AFP summons Gudani, Balutan for defying GMA

Military prosecutors have summoned retired Marine Brig. Gen. Francisco Gudani and Marine Lt. Col. Alexander Balutan to appear before a pre-trial hearing at the Judge Advocate General’s Office (JAGO) on Friday and submit their counter-affidavits.

Capt. Candelaria Rivas, JAGO spokeswoman, said unless the two Marine officers who disobeyed a presidential order by appearing before a Senate inquiry ask for more time to contest the allegations against them, pre-trial investigators could resolve the case and recommend to Armed Forces chief Gen. Generoso Senga to convene a court-martial trial to try them.

"It will depend on their counter-affidavit," she said. "Investigators could deem the case submitted for resolution."

Rivas said military investigators could also choose to ask Gudani and Balutan "clarificatory questions" after receiving their counter-affidavits.

"They were required by military investigators to appear on Friday for the submission of their counter-affidavits," she said.

Gudani and Balutan, who are now under the protective custody of Senate, were served the summons last week, Rivas said.

A pre-trial is the civilian equivalent of a preliminary investigation before the provincial or city prosecutor’s office, or the Department of Justice.

After the pre-trial, military prosecutors will either dismiss the case against Gudani and Balutan or recommend to Senga to convene a general court-martial to try the two Marine officers.

Military investigators appear to be having a hard time coming up with a strong case against Gudani and Balutan, who claimed that they were only following a lawful order from a superior officer when they appeared before the Senate.

Gudani and Balutan, who were then both assigned at the Philippine Military Academy, said they were under orders from Maj. Gen. Cristolito Balaoing, the PMA Superintendent, to testify at the Senate hearing.

The order for them not to testify came "too late" and was not from Balaoing, their immediate superior, they added.

Gudani told The STAR he was about to testify before the Senate when he received a text message from Senga saying he must not give his testimony at the hearing.

However, there was no written order from Senga or Balaoing stopping him from testifying, he noted.

On the other hand, Balutan said he was already poised to testify when the military liaison to the Senate informed him that the top brass did not want him to give his testimony.

He claimed he did not receive any text message from Senga nor did he receive a written order from Senga or Balaoing not to testify.

The issuance of the summons came more than a month after Senga ordered the court-martial of the two Marine officers on Sept. 28 for testifying before the Senate without prior clearance from President Arroyo, the commander-in-chief of the Armed Forces.

In compliance with Senga’s directives, Provost Martial Col. Henry Galarpe conducted an initial investigation into the alleged wrongdoing of the two Marine officers.

Upon Galarpe’s recommendation, charges of violation of Articles of War 65 or willful disobedience of legal orders of a superior officer were sent to the JAGO for pre-trial.

Now in JAGO’s hands, the pre-trial proceedings appeared to be also progressing slowly, with the military still set to hear the sides of the two accused three days from now.

Once JAGO has completed the pre-trial proceedings, the military equivalent of the prosecutor’s office will forward its recommendation to Senga on whether to convene a general court-martial.

The two officers testified before a Senate investigation on alleged involvement of top military officials in electoral fraud in Mindanao during the 2004 elections.

Gudani and Balutan’s appearance before the Senate without approval from Mrs. Arroyo was a violation of Executive Order 464 barring civilian and military officials from attending congressional inquiries without any clearance.

Gudani retired on Oct. 4. His retirement benefits remain on hold pending the resolution of the case.

The military was dragged into the election fraud controversy after the names of four military officers, including Gudani, were mentioned in a controversial recording which allegedly caught Mrs. Arroyo talking to a senior election official about massive electoral fraud last year. — Jaime Laude