Tuesday, November 13, 2007 Military chief uncertain of filing more raps v. coup plotters
ARMED Forces of the Philippines (AFP) Chief Hermogenes Esperon Jr. said he was studying whether or not to pursue additional charges against officers implicated in last year’s failed power grab for walking out of the court martial proceedings last week.
During the defense department’s 68th anniversary celebrations at Camp Aguinaldo in Quezon City, Esperon said actions of the accused officers could be considered as a breach of military discipline.
The officers are led by former Marine commandant Renato Miranda, former First Scout Ranger Regiment commander Danilo Lim and Medal of Valor awardees Marine Colonel Ariel Querubin and Marine Lieutenant Colonel Custodio Parcon.
Twenty-seven of the 28 accused officers walked out of the courtroom last Friday afternoon to protest the court’s alleged bias. The 28th accused, Marine Colonel Januario Caringal, did not attend the hearing as he was confined in a hospital.
Esperon said his decision to look into the actuation of the group of Miranda and Lim is on top of the possible actions that may be taken by the court, which is headed by AFP Deputy Chief of Staff for Operations Jogy Leo Fojas.
“Well, on the matter of walkouts, the court as an independent court, can take action on that but at my level, I'm also looking at it because it bespeaks of a breach in discipline of soldiers who are being tied by a duly-constituted court,” said Esperon.
Miranda and Lim supposedly planned to lead their men to a march towards the historic Edsa Shrine, where anti-government protests were being held, on February 25 last year and subsequently withdraw their support from President Arroyo, the military’s Commander-in-Chief.
At the same time, Esperon said he will not sign the pre-trial advice, which served as among his basis is convening the court martial to try to officers. The accused and their lawyers are challenging Esperon to sign the document so that their charge would become legal.
Esperon said based on the manual for court martial, he needs not sign the pre-trial advice (PTA), which reversed the decision of a pre-trial investigation (PTI) panel that recommended the dropping of mutiny charges against the officers.
“If you a look at the manual (for court martial), you will not see there anything that says anything that I have to sign the PTA or the PTI report or write on it indicating my approval or disapproval,” the military chief also said.
“But one thing is clear. I have to make the directive for the charging of persons or officers or enlisted personnel of certain violations of the Articles of War and that is exactly what I did when I issued a memorandum to the Judge Advocate General and AFP deputy chief of staff for personnel that such and such be charged of this,” said Esperon.
“So that (his issuance of the memorandum) is more than an explicit expression of my decision for an approval or a disapproval of the recommendations of the PTI officer and the PTA, the staff judge advocate who wrote the PTA,” Esperon also said.
Esperon said the accused and their lawyers should merely look into the memorandum he issued and “that is more than an explicit instrument to show my approval or disapproval.” He also said the Supreme Court (SC) has already rule on the legality of the court martial proceedings.
“I do not have to, I do not have to, that's just part of their delaying tactics,” said Esperon. He also said the accused can appeal to higher courts on the legality of the proceedings but he said he is confident the military would be upheld on this.
Meanwhile, opposition Senator Antonio Trillanes IV got a reprieve from the military chief whom he has accused of masterminding the supposed bombing of the Glorietta mall in Makati City that left 11 people dead and at least a hundred injured.
Esperon said he was not filing a libel case against Trillanes over his allegations.
Trillanes is presently detained at Fort Bonifacio in Makati City for leading the short-lived Oakwood mutiny in July 2003. The mutineers said they occupied the posh Oakwood apartments to dramatize their protest against corruption in government.
The lawmaker accused Esperon and National Security Adviser Norberto Gonzales of orchestrating the bombing to divert public attention from issues that is hounding the administration of President Gloria Macapagal-Arroyo.
The Philippine National Police (PNP) is continuing with its investigation on the explosion but PNP Chief Avelino Razon Jr. concluded that the explosion was caused by industrial accident and not by a bomb. (VR/Sunnex)
