11 acquitted of Feb '06 mutiny raps, but not Brig. Gen. Lim
GMANews.tv
10/15/2009 | 07:36 PM


A military tribunal on Thursday cleared and ordered released 11 of the 28 military officers linked to the alleged attempt to overthrow the Arroyo administration in February 2006 due to lack of evidence against them.

They had been detained since 2006 while awaiting a decision. They were accused of violating Article 67 of the Articles of War (Mutiny and Sedition).

The court deferred the ruling on 17 other accused, including top-ranking officers former Scout Ranger chief Brig. Gen. Danilo Lim, former Marine commandant Maj. Gen. Renato Miranda, and Medal of Valor awardees Col. Ariel Querubin and Lt. Col. Custodio Parcon.

Lim and Querubin, despite their incarceration, have expressed their intentions to run for the Senate in next year's elections. Both were leaders of the 1989 coup attempt against the Aquino government. They were detained but later granted amnesty by Aquino's successor, President Fidel V. Ramos.

Ironically, when Querubin staged a stand-off at the Marine headquarters in 2006 and called for people power, one of those who rushed to lend him support was former president Cory Aquino, the target of several coup attempts during her term who by 2006 was a fervent opponent of President Gloria Arroyo.

West Point graduate Lim is included in the senatorial line-up of the United Opposition under former President Joseph Estrada.

Acquitted of mutiny charges were Marine Col. Januario Caringal; Lt. Cols. Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez; Capts. Ruben Guinolbay, Frederick Sales, and Allan Aurino; and 1Lts. Ervin Divinagracia, Jacon Cordero, Sandro Sereno, and Richiemel Caballes.

“The court unanimously found meritorious the motion of finding them not guilty," the court said in its ruling. The military tribunal was headed by Maj. Gen. Jogy Leo Fojas.

One of the acquitted was Guinolbay, considered a hero who saved several hostages of the Abu Sayyaf during the infamous battle of Lamitan in June 2001 when the enemy was allegedly allowed to escape by Guinolbay's senior officers.

Vicente Verdadero, one of the lawyers of the defense panel, said the accused were cleared by the court because no witness or documentary evidence linked them to the supposed mutiny.

“Firstly, because the allegation of conspiracy is already gone, it's dead now. There is no longer conspiracy," said Verdadero, who represents Flordeliza, Malabanjot, Sales, Divinagracia, Sereno, Cordero, and Caballes.

“(It’s) on the ground that they were not mentioned at all, no evidence, no single piece of evidence, none against them," he said.

The accused reportedly planned to march to EDSA Shrine on Feb. 24, 2006, join the ranks of the anti-government protesters, and subsequently withdraw support from President Arroyo.

The plan prompted President Arroyo to sign Proclamation No. 1017 that put the country under a state of emergency on February 24, 2006. This action invoked Section 18, Article 7 of the Constitution, which gives her the authority to use the police and armed forces to prevent any anti-government activities or rebellion.

The proclamation was lifted on March 3, 2006 after a public outcry.

Malacañang through Press Secretary Cerge Remonde said it would just leave to Armed Forces chief Gen. Victor Ibrado the decision if the acquitted officers could go back to service.

Armed Forces public information chief Lt. Col. Romeo Brawner Jr. said the officers could go back to service. He also dismissed the possibility that they would get implicated again in the ouster plans against the Arroyo government.

“No. Because maraming (there are a lot of) officers who are in the same situation but are still serving the military loyally," he said. - with Aie Balagtas See, GMANews.TV

It took them three years to acquit these innocent soldiers ? No wonder it is a Military tribunal which is a part of a justice system that stinks. :headbang:

And they continue to persecute the three Aces; Lim, Miranda & Querubin who are great assets of the military. What a shame ! There are lots of corrupt Generals who are suppose to be locked up for involvement in rigging the last presidential election.

Military tribunals are outside of the civilian justice system. It's only justice in the real sense if the government addresses the grievances that led these soldiers to mutiny, instead of their bosses in the military letting them walk for media consumption.

Has anyone heard the side of the acquitted? Tuloy ba ang laban?

Palace to abide by military court’s ruling

By TJ Burgonio
Philippine Daily Inquirer
First Posted 21:08:00 10/17/2009

The court said it would decide on Oct. 27 if it would also dismiss charges against 17 remaining respondents, including Brig. Gen. Danilo Lim, Marine Col. Ariel Querubin, Lt. Col. Custodio Parcon and the former Marine commandant, Maj. Gen. Renato Miranda.

Gonzalez said the Executive Department would pose no objection to the reinstatement of the 11 acquitted officers.

"Let's hope they have learned their lesson—that whatever indiscretion they did before, they know the arm of the law will also be there. Maybe they will be more careful now," he said.

He also said the dismissal would result in stability in the military, saying, "If these people were given a fair deal, then they should be satisfied."

Gonzalez, who served as justice secretary, said he did not monitor the case and would assume that the military court ruled on the evidence, or the lack of it.

"I'm not conversant with the evidence. I wasn't present in the presentation of evidence. We don't know if the prosecution bungled it. Even if we assume the prosecution did its best, maybe the evidence failed to stand the requirement of proof beyond reasonable doubt," he said.

PDI

Wala (daw) pakialam si Gonzalez. Suwerte nila laya sila, pero wala man lang nilabas na ebidensya. Ayaw siyempre ng administrasyon mabulatlat pa ang mga dahilan sa likod nito. Malamang may usapan dito, tikom-bibig kapalit laya. Huwag naman.

This is not justice.

Military tribunal is in general part of the justice system because it is represented by members of the bar and a court to hear cases albeit compartmentalized to military personnel. Justice system includes any court of law that hears cases and promulgates resolution of acquittal or guilt.

will they be reinstated ? the AFP really needs these combat-hardened officers especially Capt. Guinolbay.

There is no reason why they should'nt be. Or in hindsight, they are not suppose to be dismissed while their case was still pending and if they were dismissed from the service, they are not only entitled to be re-instated, they are also entitled to collect their wages and allowances backtracked from the time it was cut off up the time of their exoneration.

They were not separated from the service, they are still part of the AFP, they still draw their salaries, though they don't have any command or staff position.