‘Durante, others may face service separation, jail time’

MANILA, Philippines — Former Presidential Security Group (PSG) chief Brig. Gen. Jesus Durante and other military officials and personnel tagged in the murder of model and businesswoman Yvonette Chua Plaza may face grave penalties that could include separation from the military service and even imprisonment if ever the charges against them are proven under court martial proceedings.

Noting that the alleged violations of two Articles of War leveled against them that are currently undergoing final review by the Army judge advocate general are very serious, Army Provost Marshal Col. Randy Ramonte said a decision may be made within the next few days.

“As of Feb. 14, my office, the Office of the Army Provost Marshal, has already completed its investigation report and has submitted it to the Office of the Army Judge Advocate, where it is now undergoing legal review,” Ramonte said in an interview with “The Chiefs” aired on Cignal TV’s One News last Monday night.

“Upon the completion of the said legal review, it will be forwarded through official channels to the Commanding General of the Philippine Army for his information and decision,” he added.

Violations of Articles of War 96 and 97, which refer to conduct unbecoming of an officer and a gentleman and conduct prejudicial to good order and military discipline, respectively, are actually grave offenses in the military that may merit separation from the service and other penalties, including a jail sentence, depending on the decision of the general court martial, according to Ramonte.

He said the final form of the charges that may be filed against Durante and Col. Michael Licyayo and other personnel, who may also be later included, will still depend on the review and approval of the Army judge advocate general.

Ramonte added that court martial proceedings deal with the administrative aspect of the case as the civilian courts handle the criminal proceedings.

He explained that court martial proceedings also take time as the respondents or accused will also be presenting pieces of counter-evidence and will have lawyers to help them.

If proven guilty, penalties imposed will have to be approved by the Philippine Army commanding general, the Armed Forces of the Philippines chief of staff and the Commander-in-Chief – President Marcos – himself, according to the Army provost marshal.

“As to the gravity of the sanctions that may be imposed, that would actually be subject of the evidence that may be adduced during the trial,” Ramonte said.

“And then, in the case of the court martial, the decision would have to be imposed by the general court martial after all these evidence have been presented and then such decision would be recommended for approval through the commander-in-chief,” he added.

Asked about how Durante’s involvement in the Plaza murder case, along with other military personnel, appears to paint a bad picture of the military, Philippine Army chief Lt. Gen. Romeo Brawner Jr. said they believe “this in isolated case.”

“This is not what we have sworn by when we took our oath as members of the Armed Forces; in fact, we said that we are not going to follow illegal orders,” Brawner said partly in Filipino.

“We do not tolerate these wrongdoings of our personnel,” he added, as he stressed that this is why he immediately ordered the relief of Durante and Licyayo as commander and deputy of the 1001st Brigade, respectively, “to give way to a thorough and impartial investigation.”