Arraignment of alleged February 2006 coup plotters stalled anew

By Ronron
January 18, 2007

Tanay, Rizal - The arraignment proceedings against the military officers accused of plotting to overthrow the Arroyo government in February last year failed to proceed in Thursday’s hearing at a military camp here as the accused refuse to recognize the tribunal created by Armed Forces of the Philippines (AFP) Chief of Staff Gen. Hermogenes Esperon, Jr. to try their case.

Defense lawyers, led by former Solicitor General Frank Chavez, also insisted in yesterday’s hearing that they should be furnished a copy of the pre-trial investigation report (PTIR) against their clients as part of “due process,” a request denied again by the military prosecution panel, led by the Judge Advocate, Col. Ukol Paglala.

At the start of the hearing, Atty. Homobono Adaza, who represents accused Col. Ariel Querubin, said the Special General Court Martial (GCM) , headed by Lt. Gen. Alexander Yano, commander of the AFP Southern Luzon Command, is illegal because one, it was created by Esperon, one of the accusers, and two, there is no such thing as a Special GCM in military law books.

The defense pointed out later in the hearing that the GCM should not proceed until the Court of Appeals acts on the petition filed by Querubin last year, questioning the legality of the GCM.

Also, the defense objected to a continuance of the proceeding because their clients remain “in the dark” with the denial of their request to get a copy of the PTIR.

“It is their inherent right to know (the allegations against them). It is in keeping with due process that the accused be furnished of copies of the PTI report,” Chavez argued.

But Paglala simply said they will furnish the defense with copies of the PTIR “only in due time through channels.”

To this, the defense replied: “The accused are detained. They are deprived of their liberty. They don’t have the luxury of time.”

Present in yesterday’s proceedings were the 19 accused Army officers, led by Brig. Gen. Danilo Lim, erstwhile commander of the First Scout Rangers Regiment, and seven of the nine accused Marine officers, led by former Philippine Marine Corps commandant Maj. Gen. Renato Miranda.

All Army officers, except for Capt. Dante Langkit who is held in solitary confinement at Fort Bonifacio in Taguig City, are detained at a detention facility here, while the Marine officers are jailed at Fort San Felipe in Cavite City.

Accused Lt. Col. Achilles Segumalian confided to reporters that the accused Marines had to wake up at 3am and leave their camp at 4 am to make it for the 8:30 am schedule of the hearing, which actually started only at 9:10 am.

He said Col. Januario Caringal and Lt. Col. Custodio Parcon could not make it to yesterday’s hearing because they are “ill-disposed.”

Langkit, for his part, was said to have been brought here without giving him food for breakfast. He had earlier been reported to being subjected to mental torture by his custodians in the Army so he could turn against his fellow rebel officers.

Chavez claimed that the reason for suppressing the PTIR is because it actually recommended for the dismissal of the charges against the accused. He said it was just overturned by Esperon, thus the present situation.

“It is not an exercise of discretion. It was a gross and glaring exercise of discretion. It was power abused arrogantly,” he said.

Finally, the proceeding yesterday was also stalled by Atty. Vicente Millora’s withdrawal of his court appearance, leaving his client 1Lt. Jacon Cordero without any counsel of his choice.

Because of these reasons, Yano decided to hold the next hearing on February 27, 2007, three days after the supposed crime of coup d’ etat would have marked its first anniversary. The hearing adjourned shortly before 12 noon.

All accused are being charged for alleged violation of Articles of War (AW) 67 (mutiny or sedition) and 96 (conduct unbecoming of an officer and a gentleman).

But Lim has additional charges of violation of AW 63 (Disrespect towards the President, Vice President, Congress of the Philippines, and Secretary of the National Defense), 65 (Assaulting or Willfully Disobeying Superior Officer), and 97 (Conduct Prejudicial to Good Order and Military Discipline).

Querubin is also charged additionally with violating AW 65 and 97, and Segumalian with AW 97./DMS