Saturday, June 21, 2008 Military court junks 4 raps v. coup plotters
A MILITARY court has dismissed on technicality four of the five offenses filed against 28 officers, led by former Marine commandant Renato Miranda, indicted for the alleged attempt to overthrow the Arroyo government in 2006.
The court, presided by Major General Jogy Leo Fojas, ruled that the four cases against the officers have already prescribed, noting that they have yet to be arraigned for the charges two years after the commission of the supposed offense.
The decision, read by law member Colonel Marian Aleido, cited a Supreme Court (SC) ruling, which says the prescription can be interrupted only by the arraignment of the accused. "The motion to dismiss is hereby granted," the decision read.
The 28 officers were all cleared of the charges of violation of the Article of War 96 (conduct unbecoming of an officer and a gentleman).
Also dismissed were the cases of AW 65 (willful disobedience against a superior officer), AW 63 (disrespect towards the President), and AW 97 conduct prejudicial to good order and military discipline against former Scout Ranger regiment commander Danilo Lim; AW 65 and 97 against Marine Colonel Ariel Querubin; and AW 97 against Marine Lieutenant Colonel Achilles Segumalian.
The jubilant officers clapped their hands shortly after the reading of the decision.
"We are all happy. We feel that these (dismissed) offenses are the offenses that could pin us down," said Querubin, adding that he believes that the prosecution has no evidence to prove their guilt on the mutiny charge. "The panel proved that they are really independent," he said.
The officers have questioned the independence of the court during the time of former Armed Forces chief Hermogenes Esperon Jr. who they accused of meddling in the affairs of the court. Esperon retired last month and was replaced by General Alexander Yano.
"Praise God, praise God," said Lieutenant Colonel Custodio Parcon of the verdict.
Parcon, along with Querubin, are two of the active officers conferred with the highest military decoration Medal of Valor who are under trial.
For his part, Miranda said: "We are all happy. Now, we can concentrate on the mutiny case where we have been arraigned already. We are prepared to defend ourselves in that particular case."
The officers reportedly planned to go to Edsa Shrine on February 24, 2006 to join the ranks of anti-government protesters and subsequently withdraw their support from President Gloria Macapagal-Arroyo. The nine accused Marine officers were also involved in a standoff at the Marine headquarters two days later. (VR/Sunnex)
