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Thursday, July 06, 2006
General's videotape now in government's hands
MANILA -- Government now has the videotape showing Army Brigadier General Danilo Lim and a group of soldiers in the act of withdrawing support to President Gloria Macapagal-Arroyo on February 23 or a day before a state of national emergency was issued.
The National Bureau of Investigation (NBI) submitted on Tuesday to Justice Secretary Raul Gonzalez Sr. a compact disk (CD) containing the video of Lim, his fellow soldiers, and some civilians whose identities the government has yet to determine.
NBI regional director Reynaldo Esmeralda, chief of the NBI Special Task Force, said they would submit a subpoena to Lim to appear on Friday at 10 a.m. to answer queries regarding the foiled coup plot to overthrow the administration.
Esmeralda said the video would confirm a report made by Time magazine correspondent Nelly Sindayen, who personally witnessed the alleged plot being hatched by several personalities on the eve of the Edsa 20th anniversary celebration at the house of former Tarlac congressman Jose "Peping" Cojuangco.
Gonzalez said the videotape showing Lim, flanked by four other military officers while reading a statement of withdrawal of support to Arroyo, vindicated the government in issuing Proclamation 1017 "in the face of clear and present danger."
Proclamation 1017 placed the country under a weeklong state of national emergency.
"I'm really happy for that tape because that supports the government's issuance of Proclamation 1017. They (Lim's group) cannot deny that now," he said.
Gonzalez said that there are several names of civilians and military officers mentioned in the tape who allegedly participated in "Oplan Hackle."
"If the case is filed here (Department of Justice), that would be used as evidence. I don't think General Lim can deny that. Pastor Boy Saycon is also part of the junta. The tape is now at the safekeeping of the NBI. One soldier was identified as Karingal," Gonzalez said, referring to Colonel Leonardo Karingal.
A subpoena would also be issued against Sindayen, Gonzalez said.
"If there is already a case filed, there will be a subpoena. You have already a smoking gun. For purposes of evidence, if it (the tape) will be denied, then that would have to be authenticated. Then who took the tape?" Gonzalez said.
He further said not even the Supreme Court (SC) could now contest that there was sufficient basis in coming out with Proclamation 1017.
The SC has said that while the declaration of a state of emergency was valid, the police actions for the duration of the state of emergency were unconstitutional.
Last March 8, Lim arrived at the NBI to deny allegations that he conspired with coup plotters as well as with Saycon.
One of the military generals accused of allegedly rigging the results of the May 2004 elections said Lim had no authority branding President Arroyo a "bogus President."
Interviewed after the celebration of the 59th anniversary of the Air Force, Army Chief Hermogenes Esperon said it was understandable for Lim to utter those words because he plotted to oust the Arroyo government in February.
"For one who wants to take over power, he can always say that, he can allege that but who is he to judge the President to be a bogus President when we went through all these electoral process and she (Arroyo) is the duly constituted authority," said Esperon.
Esperon referred to the May 2004 elections that he and other allies of the President supposedly rigged to ensure Arroyo's victory as evidenced by the controversial "Hello Garci" tapes.
Esperon's name was mentioned in the wiretapped conversation between President Arroyo and former election commissioner Virgilio Garcillano. Also mentioned in the tape were former Southern Command (Southcom) chief Roy Kyamko and incumbent Southcom chief Gabriel Habacon.
A fourth general, former 1st Marine Brigade commander Francisco Gudani, was mentioned in the tape as having supported an opponent of the President. Gudani testified before the Senate about fraud committed by the President's allies in Lanao del Sur.
But Esperon, Kyamko, Habacon and Gudani were cleared by a military fact-finding board of any wrongdoing in connection with the conduct of the elections due to the lack of any witness.
It is widely believed in military circles that Esperon would be named by the President as successor of Armed Forces Chief Generoso Senga, who is due to retire on July 21.
Esperon said the video proves right the military and government's actuations, which was highlighted by President Arroyo's issuance of Proclamation 1017.
"I have always claimed that there was a report as early as February 22 that a tape recording has been prepared to express withdrawal of support to the President. It has come out so I believe the basis for our actions on the 22nd, 23rd, and the 24th and so on onwards were indeed justified," said Esperon.
Lim and dozens others of officers are under investigation by a fact-finding board headed by Armed Forces Inspector General Rufino Lopez for violating provisions of the Articles of War. They face a possible court martial.
On whether the military is eyeing more charges against Lim in view of the video footage, Esperon said: "On the matter of charges, what we must do is we must allow, we must let the military justice system take its due course."
But he also said the officers and men involved in the failed coup plot could be subjected to court martial proceedings for violation of the Article of War 65 or disrespect to the President and Article of War 67 or mutiny.
He said they could be charged also for violation of Article of War 68 or failure to report or quell mutiny, Article of War 96 or conduct unbecoming of an officer and a gentleman, and Article of War 97 or conduct prejudicial to good order and military discipline.
"They could (also) be charged with Republic Act (RA) 134-A which is coup d'etat, committing coup d'etat," said Esperon of Lim's group.
Senga, for his part, reiterated that the fact-finding investigation against Lim and his cohorts has yet to be completed.
Senga said Lopez has shown to him a manuscript or a draft report, which he said could have been leaked to the media. Media outfits earlier reported that the fact-finding report has been already submitted to Senga, which recommended court martial proceedings against dozens of officers and men led by Lim and former Marine commandant Renato Miranda.
Senga said he has ordered an investigation to determine if the report that got into the hands of the media and the manuscript shown to him by the board were the same and who were responsible for the leakage of the document.
On the video tape showing Lim withdrawing support from the President, Senga said: "I have told Admiral Lopez to get hold of it and consult our lawyers so that they can determine what is the proper utilization of that tape in the investigation that they are doing." (ECV/VR/Sunnex)
(July 6, 2006 issue)
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