AFP to furnish copy of pre-trial investigation report to alleged Feb. 06 coup plotters

By Ronron
February 27, 2007

Tanay, Rizal - A military tribunal on Tuesday finally gave in to the pressing demand of lawyers of the alleged February 2006 coup plotters to have their own copies of the military’s pre-trial investigation report (PTIR) on the incident.

The “petty development” for the 28 accused officers, however, came on the same day when all nine accused Marine officers were ordered transferred to the Philippine Army’s 2nd Infantry Division headquarters here to their surprise, and despite their opposition.

During the third court proceeding since the creation of the special General Court Martial (GCM) in late November of last year, the defense lawyers yesterday succeeded in getting the nod of the seven-man tribunal to have access to the PTIR, which, they said, has recommended for the dropping of charges against some of the accused.

All 28 – nine from the Marines and 19 from the Army – are accused of violating any of the following Articles of War: 63 (Disrespect Towards the President, Vice President, Congress of the Philippines, or Secretary of National Defense); 65 (Assaulting or Willfully Disobeying Superior Officer); 67 (Mutiny or Sedition); 96 (Conduct Unbecoming of an Officer and a Gentleman); and, 97 (Conduct Prejudicial to Good Order and Military Discipline).

The charges stemmed from the accused participation in the alleged coup plot on February 24, 2006, and on the two-day stand-off two days later at the Philippine Marine Corps (PMC) headquarters in Fort Bonifacio, Taguig City in protest to the sudden relief of then PMC commandant Maj. Gen. Renato Miranda.

Aside from Miranda (AW 67 and 96), the following from the PMC are also facing charges: Col. Ariel Querubin (AW 65, 67, 96, and 97); Lt. Col. Achilles Segumalian (AW 67, 96 and 97); Col. Orlando de Leon (AW 67 and 96); Col. Januario Caringal (AW 67 and 96); Col. Armando Bañez (AW 67 and 96); Lt. Col. Custodio Parcon (AW 67 and 96); Maj. Francisco Domingo Fernandez (AW 67 and 96); and 1Lt. Belinda Ferrer (AW 67 and 96).

Of them, only Caringal was not around yesterday as he is still under treatment at the Manila Naval Hospital for hepatitis.

The 19 Army accused, on the other hand, are the following: Brig. Gen. Danilo Lim (AW 63, 65, 67, 96 and 97); Lt. Col. Nestor Flordeliza (AW 67 and 96); Lt. Col. Edmundo Malabanjot (AW 67 and 96); Maj. Jason Laureano Aquino (AW 67 and 96); Maj. Jose Leomar Doctolero (AW 67 and 96); Capt. James Sababan (AW 67 and 96); Capt. Montano Almodovar; (AW 67 and 96); Capt. Joey Fontiveros (AW 67 and 96); Capt. Ruben Guinolbay (AW 67 and 96); Capt. Isagani Cristi (AW 67 and 96); Capt. William Upano (AW 67 and 96); Capt. Dante Langkit (AW 67 and 96); Capt. Allan Aurino (AW 67 and 96); Capt. Frederick Sales (AW 67 and 96); 1Lt Ervin Divinagracia (AW 67 and 96); 1Lt. Jacon Cordero (AW 67 and 96); 1Lt. Homer Estolas (AW 67 and 96); 1Lt. Sandro Sereno (AW 67 and 96); and 1Lt. Richiemel Caballes (AW 67 and 96). All were present.

The defense lawyers said it is important to get a copy of the PTIR, not only because it is part of due process, but also because it will give them the opportunity to dispute the findings and charges against them.

“It’s not like we’re so happy, we’re like chimpanzees jumping up and above just because they gave us a copy of the report. It should have been given to the respondents as early as October of 2006. But, nonetheless, we are thankful that we have been finally furnished with a copy of that report,” said Atty. Francisco Chavez, counsel of Miranda and Aquino, in an interview with reporters after the court proceedings.

But as to the defense’ question on the legality and regularity of the GCM, the latter said it will proceed with its mandate unless an order of prohibition is issued by the Court of Appeals of the Supreme Court.

The defense had asked for the seven-man panel to dissolve, saying there is no provision in law about a “special GCM,” as Esperon called it, and it reeks with bias since it was created by Esperon, who had earlier issued accusatory statements against the respondents.

Atty. Homobono Adaza, counsel for Querubin, said Esperon cannot be the accuser, complainant, prosecutor, judge, and reviewing authority, all at the same time.

He argued that for the court to be truly independent and reliable, then the person higher in authority than Esperon, in this case, President Gloria Macapagal-Arroyo, the AFP Commander-in-Chief under the law, should have created the GCM.

The main agenda for yesterday’s proceedings was supposedly the arraignment of the accused, as ordered last week by Esperon. But the continuous objection of the defense and their request for a copy of the PTIR prevented it from happening.

After receipt of the PTIR, the defense lawyers will have 15 days to file a motion for reconsideration, if they wish to.

GCM President Lt. Gen. Alexander Yano, commander of the AFP Southern Luzon Command, set the next hearing date on March 16 at the same place./DMS