Lawyer: Offenses vs officers in coup attempt already prescribed (2:57 p.m.)
MANILA — Defense and military lawyers engaged in massive argument on whether lesser offenses against the officers implicated in the alleged attempt to overthrow the administration of President Gloria Macapagal-Arroyo should be dismissed or not at this stage.
Defense lawyer Francisco Chaves said the offenses — conduct unbecoming of an officer and a gentleman, disrespect to the President and disrespect to superior officers — should be immediately dismissed because it has already prescribed.
Chaves and his fellow defense lawyers noted that under the manual for court martial and the military justice system, the offenses should be dropped because it has been already two years since the commission of the alleged crime in February 2006.
The court was supposed to arraign the 28 accused officers led by former Marine commandant Major General Renato Miranda and former Scout Ranger chief Brigadier General Danilo Lim but lawyer Trixie Angeles, Chaves and the other defense lawyers ganged up in calling for the dismissal of the case.
“If the case has prescribed, there is no charge,” said Chaves. “This is putting the horse before the cart. You are trying to conduct a hearing on a charge that does not exist. There can be no proceedings on a case that does not exist.”
Prosecution lawyer Jose Loi said the matter of prescription should be discussed after the arraignment. “If we allow (discussions on prescription), that will be a departure to the long tradition court martial. This (prescription) is a ground for demurrer,” he said.
The 28 accused have been already arraigned on the charge of mutiny. Under the law, the charge of mutiny is non-prescriptible.
The court has initially denied the defense lawyers motion to act on the issue of prescription. After a motion for reconsideration and airing of arguments, the court went on a working lunch to decide on the motion. (VR/Sunnex)
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