Panel trying alleged Feb 06 coup plotters transformed into a court

By Ronron
November 9, 2007

Tanay, Rizal - The seven-member military panel that is trying the alleged February 2006 coup plotters formed themselves into a court on Friday after a walkout of the defense lawyers and the accused from the proceedings here.

The members of the panel, of which only five were present yesterday led by Armed Forces Deputy Chief of Staff for Operations Lt. Gen. Jogy Leo Fojas as President, were sworn in after they deemed waived the rights of the 28 accused to exercise their peremptory challenges.

The exercise of peremptory challenge, which allows the accused to individually ask the removal of any panel members, is required before the panel constitutes itself as a court martial. After which, they can arraign the accused, and then, entertain again the right of the accused to exercise challenge for cause against any of the court members.

Defense lawyer Trixie Angeles said the defense lawyers first walked out of the proceedings held at the Army’s 2nd Infantry Division camp here after the panel insisted on letting the accused, of whom only one was absent – Col. Januario Caringal – due to illness, exercise their right to peremptory challenge.

The defense lawyers and the accused had said they will not exercise their right to peremptory challenge until after the issue about the constitution of the panel and the filing of charges against them is resolved.

The defense argues that the filing of case against them for alleged violation of the Articles of War is illegal because Armed Forces chief of staff Gen. Hermogenes Esperon, Jr. failed to explain why he is reverting the recommendation of the Pre-Trial Investigation Report to drop the charges against the accused.

But the panel said only after the Supreme Court issues a decision on that can they stop performing their duty to try the accused led by former Marines commandant Maj. Gen. Renato Miranda and Army Scout Rangers chief Brig. Gen. Danilo Lim.

“I cannot take part in these sham proceedings because the accused are not legally charged. They have the right to know the allegations against them. They have the right not to participate in these sham proceedings,” defense lawyer Francisco Chavez said before walking out.

Other lawyers followed him.

When the panel called on the accused for their peremptory challenge, some of them refused to comply. “I will only exercise my right to peremptory challenge once the PTA is signed,” said Army Capt. Isagani Criste.

All 27 present accused then walked out.

On the motion of the prosecution, the panel said they consider the action of the accused as waiving their right to exercise the peremptory challenge.

This paved the way for the panel members to swear themselves in as members of a court martial.

“The court is now duly constituted,” panel law member Lt. Col. Marian Aleido said.

As a court, they can now arraign the accused, which can be done before February 2008, the deadline for the accused to be arraigned, otherwise, the charge can be dropped under the military law.

Angeles said they will possibly elevate the issue before the Supreme Court, both for proceeding even if the PTA issue is not yet addressed, and for proceeding even without the presence of the accused and the defense lawyers.

Angeles said that the basic rule is an accused has to be present in every procedure of his case unless he personally waives it.

The 28 were accused for planning to take part in the overthrow of the Arroyo government on February 24 and 26, 2006./DMS