|
Friday, January 23, 2004
Military has jurisdiction over fate of mutineers: Abaya
By Miko Santos
A MILITARY tribunal has jurisdiction over 267 rogue soldiers and officers who will stand trial for their involvement in the July 27 Oakwood mutiny, the Armed Forces of the Philippines (AFP) said.
Armed Forces Chief Narciso L. Abaya appealed to lawyers for the accused to put aside their stalling tactics in the interest of their clients.
Lawyers for the Magdalo group in Monday's proceedings questioned the authority of the General Court Martial to hear their clients' cases, saying a civil court had yet to decide whether the seizure of the posh Oakwood Premiere residential building was service connected.
The defense said it has no choice but to challenge the members of the court-martial panel as the issue of proper jurisdiction has not been threshed out.
Defense lawyers said the convening of a court-martial without a decision from a civilian court violates Republic Act (RA) 7055. But Abaya maintained that what the military is doing is legal.
“We have jurisdiction over the mutineers because they violated the provisions in the Articles of War. The chief of staff is the convening authority for the court-martial and I think what I have done is legal,”
Abaya said.
“Although it is the right of the accused to invoke the peremptory challenge, I hope they will not use that again, because what it means is that the accused will remain confined in their respective confinement areas,” Abaya added.
In a motion to suspend proceedings filed last Monday before the military tribunal, the defense panel said “the civilian court, Regional Trial Court (RTC) Branch 61 of Makati City, where the coup d’état case is pending, has not yet resolved the omnibus motion filed by all the accused.”
Roel Pulido, one of the counsels of the mutineers, said the decision of the Makati RTC is expected before February 10.
The accused 267 officers and enlisted men occupied the Oakwood Premier on July 27 and demanded for the resignation of President Arroyo and other key officials of her administration.
The officers were charged with mutiny, insubordination, disrespect to the President and the secretary of national defense, disrespect to superior officers and conduct unbecoming of officer and a gentleman.
(January 23, 2004 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
[ return
to top ]
[ home
]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
|
