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| Mutiny leaders to be arraigned first before 40 soldiers By JAIME LAUDE The Philippine Star Leaders first before foot soldiers. This is how the Armed Forces of the Philippines (AFP) intends to deal with the 40 Army enlisted personnel involved in last year’s failed mutiny as they justified the soldiers’ continued detention. AFP chief Gen. Hermogenes Esperon Jr. said the 28 alleged leaders of the failed coup led by former Marine Commandant Maj. Gen. Renato Miranda would have to be arraigned first before the military court before they tackle the cases of the 40 soldiers. Miranda, former Marine Scout Ranger chief Brig. Gen. Danilo Lim, along with 26 senior, middle and junior grade Marine and Scout Ranger officers are facing various military charges, including mutiny, for reportedly leading moves to oust President Arroyo last year. The officers and soldiers are currently detained inside the headquarters of the 2nd Infantry Division in Tanay, Rizal. Esperon said the 40 enlisted personnel went through a pre-trial investigation. "The 40 enlisted personnel who were implicated have at this point undergone pre-trial investigation," Esperon said. He added the AFP is leaving the fate of the soldiers to the Army but pointed out the Army’s action would only come after the alleged leaders of the coup are arraigned. Esperon said the non-arraignment of the leaders would mean prolonged detention of the enlisted personnel. "It’s just that we have to jibe things. It will not look good to be punishing the enlisted personnel when the officers, their commanders, have not even been arraigned because, as you may note, they have a lot of dilatory tactics that’s why the arraignment is delayed. So we might as well act on this," Esperon said. In as much as the AFP wants to have them charged, this could not be done because their commanders should be tried first, he said. Esperon also said that it would be unfair for the foot soldiers to be charged because they themselves were simply following orders from their immediate superiors. "Under the rules of military laws that (continued detention) is allowed, that pending resolution of the case, they could be confined," he said. In the meantime, Esperon said the 40 soldiers would remain restricted or confined under the articles of war. But despite their detention, the soldiers will continue to receive their pay and allowances. Esperon also denied a report that the AFP had tried to hide the confinement of the 40 enlisted personnel. "It was never meant to be hidden," he said. It was during the visit of opposition Sen. Rodolfo Biazon in Tanay that the detention of the enlisted personnel was made known. On the delay of the legal proceedings against Miranda et al, Esperon said this was due to the defense’s dilatory tactics. "Let the court be convened instead of coming up with these dilatory tactics, it’s been more than a year so let’s go to trial and let the truth come out," he said. But defense lawyer Trixie Angeles took exception to Esperon’s statement, saying that dilatory tactics are not a defense strategy. "Dilatory is not a defense strategy, rather, it appears to be an AFP policy. Who was it, anyway, who waited five months before serving charges on the Army Scout Rangers? Who waited four months to serve a copy of the pre-trial investigation report and another two months to show a pre-trial advice (PTA)? Who, to this date, has not signed the PTA? Who then caused the bungled service of charges?" Angeles said. Angeles added: "Who put in more junior officers to pass judgment on General Miranda in contravention of Section 4 of the Manual on Courts Martial requiring senior officers to sit in the panel? Who continues to make prejudicial statements intended to taint the panel and anyone who sits there, thus necessitating the lawyers to challenge them to ensure a fair trial? Who continues to insist that the defense of the rights of the accused be thwarted at every turn?" Even worse, Esperon waited for the public to get mad before he allowed Miranda to be hospitalized. "Remember, sir, that human life, no matter whose it is, is not subject to your – or anyone’s – discretion," she said. Angeles also reminded Esperon that the Constitution guarantees rights of individuals against the massive power of the state. "Because of the constitutional guarantee, we must take up their defense. If anyone is to blame, it is the person who violated those rights who has caused us to rise in their defense and necessitated proceedings to address them. That violator is the cause of your perceived delay, General Esperon. And you know who that is," she said. Source http://www.abs-cbnnews.com/storypage.aspx?StoryId=95689 |
| QUOTE (gagamba @ Oct 13 2007, 01:23 PM) |
| that's how GMA administration works my friend. do i need to elaborate? |