By Ronron
January 24, 2008
The Armed Forces of the Philippines (AFP) leadership is rushing to arraign the group of Maj. Gen. Renato Miranda who are accused for the alleged power grab plot in February 2006 so as to beat the case prescription deadline next month.
Defense lawyer Vicente Verdadero, who represents accused Army Brig. Gen. Danilo Lim, said this is his observation based on the pronouncement of the Judge Advocate General’s Office (JAGO) of the AFP that the succeeding hearings for the cases of the 28 accused will be devoted on their arraignment.
In a news conference yesterday afternoon at Camp Aguinaldo, JAGO spokesman Maj. Emilio Felicen said that the upcoming hearings “definitely will be focused on the arraignment.”
He said the arraignment can even proceed even if the accused have yet to exercise their right to pose a challenge for cause against the members of the court panel.
“The court already explained that the right to challenge for cause will be observed. So, even after the conduct of the arraignment, they can still make their challenge for cause,” Felicen said.
He said the next hearing will be next week on January 29 and it will be held at Camp Aguinaldo. Felicen disclosed that the military court already approved the motion of the defense to hold the hearing in Camp Aguinaldo, instead at Tanay, Rizal where the accused are detained.
But Verdadero said the proper procedure under the Manuals for General Court Martial (GCM) is the exercise of peremptory challenge first, then the challenge for cause, then the filing of special pleas, and finally, the arraignment.
“What arraignment are they talking about? Seven of the respondent officers have yet to be given the chance to exercise their right to peremptory challenge,” he said.
Co-defense lawyer Trixie Angeles, who is representing Army Capt. Ruben Guinolbay, among others, echoed the same view. “The GCM has failed to address previous issues so proceeding to arraignment is premature.”
Verdadero said Felicen’s pronouncement clearly showed that the military leadership is bent at violating the law just so the case will not prescribe.
Under the military law, a case may be dropped against an accused military personnel if he or she is not arraigned within two years from the commission of the alleged crime.
The 28 are facing various charges ranging from Article of War 67 (Mutiny or Sedition) to 97 (Conduct Prejudicial to Good Order and Military Discipline) for participating in an alleged power grab plot last February 24, 2006 and February 26, 2006.
But Felicen avoided to answer the matter when asked about it. “I cannot discuss as regards the prescription of the offenses because that is an issue that is being litigated by both the defense panel and the prosecution panel,” he said.
Asked if he could say that the case will already prescribe next month, he just said: “I beg to be excused in so far as that question is concerned.”
AFP chief of staff Gen. Hermogenes Esperon, Jr. had already hinted that the military is not bothered about the supposed prescription of the case because dilatory tactics by the defense can be factored in.
To which, Verdadero said: “That much delay is caused by them. To be specific, it took them four months to give us the Pre-Trial Investigation Report and another three months to release the Pre-Trial Advise on the case. So, who is delaying among us?”
The panel first convened to hear the case last December 14, 2006./DMS
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