Military court fails anew to arraign alleged coup plotters

TANAY, Rizal – A military court again failed to arraign 28 Army and Marine officers linked to the failed coup on Feb. 24 last year after defense lawyers insisted on being furnished with copies of the pre-trial investigation report.

Former solicitor general Francisco Chavez, counsel for former Marine Commandant Maj. Gen. Renato Miranda, told the court that defense lawyers must be given copies of the pre-trial report that found probable cause to charge the 28 military officers for violations of the Articles of War.

"We want it here and now," he said.

"We do not have the luxury of time, our clients have been suffering in detention, they could not go about their usual business and the rhythm of their lives have been disrupted."

Quoting a 1989 Supreme Court ruling, Chavez said: "Our clients took part in the pre-trial investigation, which gives them the right to be furnished with the copy of the PTI report."

Col. Ukol Paglala, trial judge advocate, told the court that the defense would be given copies of the PTI report in due time.

Col. Marian Alledo, court of law member, said the military tribunal would entertain all the motions of the defense once the court has been sworn.

The defense would be furnished copies of the document "in due time" and "through channel," she added.

The proceedings were further stalled when the lawyer of 1Lt. Jacon Cordero, Vicente Millora withdrew because the military tribunal is conducting "farcical proceedings."

Cordero rejected an offer to have a military defense counsel and asked court permission to look for another lawyer.

Defense lawyers also questioned the legality of the constitution of the military tribunal on grounds that Armed Forces chief Gen. Hermogenes Esperon could not convene the general court-martial because he is also one of the accusers of the 28 military officers.

However, Maj. Emilio Felicen, AFP Judge Advocate General’s Office spokesman, said Esperon, in his capacity as chief of staff, was vested with the authority to convene the tribunal.

The general court-martial is headed by Lt. Gen. Alexander Yano, Armed Forces Southern Luzon Command chief.

Other members of the special court-martial are Colonel Alledo (law member), Rear Adm. Emilio Marayag, Commodore Fortunato Segudo Jr., and Brigadier Generals Raul Caballes, Salvador Collantes and Rolando Capacia.

During the first hearing held last Dec. 14, the defense counsels asked for copies of the results of the pre-trial investigation conducted by the Judge Advocate General’s Office (JAGO), as well as the pre-trial advice of the Staff Judge Advocate (SJA), who reviewed the findings.

Aside from Miranda, other Marine officers facing trial before a special military tribunal are Colonels Ariel Querubin, Orlando de Leon, Januario Caringal and Armando Bañez, Lieutenant Colonels Custodio Parcon and Achilles Segumalian, Maj. Francisco Domingo Fernandez and 1Lt. Belinda Ferrer.

The accused Army officers are Brig. Gen. Danilo Lim, dismissed commander of the Scout Rangers, Lieutenant Colonels Nestor Flordeliza and Edmundo Malabanjot, Majors Jason Laureano Aquino and Jose Leomar Doctolero, Captains James Sababan, Montano Almodovar, Joey Fontiveros, Ruben Guinolbay, Isagani Criste, William Upano, Dante Langkit, Allan Aurino and Frederick Sales, 1Lts. Ervin Divinagracia, Homer Estolas, Sandro Sereno and Richiemel Caballes.

The officers will be tried for alleged violation of Articles of War 63 (disrespect toward the president, vice president, Congress, or secretary of national defense), Articles of War 65 (assaulting or willfully disobeying superior officer), Articles of War 67 (mutiny or sedition), Articles of War 96 (conduct unbecoming of an officer and a gentleman) and Articles of War 97 (conduct prejudicial to good order and military discipline).

Miranda was charged with violations of AW 67 and 96; Lim would stand trial for violations of AW 63, 65, 67, 96 and 97, while Querubin would be tried for violations of AW 65, 67, 96 and 97.

De Leon, Caringal, Bañez, Parcon, Fernandez, Ferrer, Flordeliza, Malabanjot, Aquino, Doctolero, Sababan, Almodovar, Fontiveros, Guinolbay, Criste, Upano, Langkit, Aurino, Sales, Divinagracia, Cordero, Estolas, Sereno and Caballes would be facing violations of AW 67 and 96.