Armed Forces of the Philippines chief Gen. Hermogenes Esperon Jr. ordered yesterday an investigation for possible court martial proceedings on the military escorts of detained Sen. Antonio Trillanes and Brig. Gen. Danilo Lim during the Peninsula Manila hotel standoff in Makati City last Nov. 29.
Maj. Ramon Zagala, AFP public information office deputy chief, said Esperon has instructed the provost marshal general to look into the possible liabilities for violations of the Articles of War of some officers and enlisted personnel who provided security to Trillanes and Lim, following the release of the findings of a board of inquiry that investigated the incident.
The inquiry board was formed by the military’s National Capital Region Command immediately after the Peninsula standoff. Its findings were submitted to Esperon nearly a month after the standoff.
“The board of inquiry basically inquires on what happened, what went wrong, what are the lapses involved, now the provost marshal will now determine if there are any (liabilities). It’s just a yes or no, if you are to be charged with violations of the Articles of War before the court martial or not,” he said.
The officers and enlisted personnel, whose identities were not yet revealed, could be charged before the military court martial for violations of Article of War 97 (neglect prejudicial to good order and military discipline), Articles of War (AW) 74 (causing a prisoner to escape through neglect), AW 70 (breach of arrest and/or escape from confinement), AW 67 (beginning or joining in a mutiny or sedition).
He said the enlisted personnel who served as security escorts for Trillanes, Lim and the other rebels officers who attended the hearing at the Makati Regional Trial Court last Nov. 29, would not be charged with AW 67.
Zagala explained that AW 67 was added in the list of possible charges to cover officers already detained for the failed July 2003 Oakwood mutiny, who joined Trillanes and Lim in staging the Peninsula standoff.
“The Articles of War 67, which is beginning or joining in a mutiny or sedition, these are against those who are already detained who are already facing charges, because as you know they are still in the active service so Article of War 67 is in place there, this is addressed towards those who are already detained and who have left the courtroom and joined (the standoff),” Zagala said.
Zagala said among the things that the investigation would focus on was how Trillanes, Lim and the other accused rebel officers were able to walk out from the Makati City court and subsequently lead a standoff at the Peninsula hotel.
He said the AFP provost marshal would gather the findings of separate investigations conducted by the major units in connection with the standoff.
“The relief of concerned AFP personnel, if necessary, shall be determined by their respective major service commanders; commander, NCRCOM and commander GHQ and HSC to preserve evidence, to avoid undue influence of witnesses and to expedite the probe without prejudice to due process,” he said.
Esperon, in earlier interviews, repeatedly pointed out that the Marine escorts of Trillanes did not support the rebel officers.
He said the escorts merely followed Trillanes and Lim because they are responsible for the security of the detainees.