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VERA Files video: court martial face-off

by Tessa Jamandre
VERA Files

The mutiny case against the 28 officers in connection with the alleged February 2006 plot to withdraw support from President Gloria Arroyo is on its final stretch.

The prosecution presented on Wednesday its last and most important witness. Presidential Management Staff chief Hermogenes Esperon Jr., who was Armed Forces Chief of Staff at the time, had ordered the detention of the 28 officers—nine from the Marines led by their commandant, Maj. Gen. Renato Miranda, and 19 Army Scout Rangers led by Brig. Gen. Danilo Lim.

Click here (VERA Files) for the video and the full report.

It was a conspiracy to grab power, Esperon tells court martial

by Victor Reyes
Malaya

Former Armed Forces chief Gen. (ret.) Hermogenes Esperon, testifying for the prosecution, yesterday said the officers implicated in the alleged attempt to overthrow the Arroyo government in February 2006 conspired with other quarters to grab power.

Esperon detailed how they recovered a so-called Diamond statement from one of the accused, Maj. Jason Aquino, following the latter’s arrest in Quezon City on Feb. 27, 2006, days after the plot was supposed to have been consummated.

Aquino was the former operations officer of the First Scout Ranger Regiment when Esperon was still the commander of the Special Operations Command. Aquino was not present in yesterday’s hearing.

Esperon said among those seized from San Juan’s possession were several documents, including the Diamond statement which included three proclamations, one of which declares a state of emergency and suspends the operation of Congress. Defense lawyers blocked Esperon, now head of the Presidential Management Staff, from discussing the two other proclamations as these were not part of the pre-marked evidence submitted by the prosecution to the court.

The court is trying former Scout Ranger chief Brig. Gen. Danilo Lim, and 27 other Army and Marine officers on a charge of mutiny. They allegedly plotted to join the anti-government protest on Feb. 25, 2006 and subsequently withdraw their support from President Arroyo.

Esperon and prosecution also touched on the arrest of Lt. Lawrence San Juan on Feb. 21, 2006. San Juan was one of the accused in the Oakwood mutiny of July 27, 2003 but he had escaped prior to the arrest.

Esperon said troops recovered from San Juan’s possession the minutes of the meeting between San Juan, retired military officers and communist leaders a day earlier formalizing an agreement to overthrow the Arroyo government.

The prosecution also played a videotape featuring Lim, flanked by several officers, calling President Arroyo a “bogus” president, taking her to task for poverty, corruption, injustice and the rigging of the 2004 elections, withdrawing support from her, and proposing the creation of a council –whose membership was not stated – to run the affairs of the government.

Esperon recounted a meeting with Lim, Col. Ariel Querubin and former Marine commandant Renato Miranda on Feb. 23, 2006 where they asked then AFP chief Gen. Generoso Senga to lead them in the march to Edsa. Esperon was then the Army chief.

When they declined to join the planned march, Esperon said the three told Senga: “Sir, hindi na kami makakaatras, mawawalan kami ng mukha.” Esperon said he retorted, “Bakit kayo lang ba may mukha?”

Esperon identified Miranda –his batchmate at PMA Class of ’74 – Lim and Querubin as among those who plotted to overthrow the Arroyo government.

After the hearing, Esperon said he was happy that he was able to present his side. “I believe this is all part of my defense of democracy so it is not something hard to do, appearing here as a witness and I will come out with whatever is asked of me in this court and what I should be telling as a witness.”

Lim took a swipe at Esperon, who was among the military generals who supposedly aided President Arroyo in rigging the results of the 2004 elections. “Ang masama nito, kung sino iyong mga kriminal noong 2004 elections, sila ang hindi nakulong. Kami ang mga nagbabayad sa mga kasalanan nila. Ang original sin dito is the 2004 electoral cheating. We are the ones paying the price for the crimes that they did,” said Lim.

Lim said he would love to sit at the witness stand and tell the court what Esperon did not say during his testimony. “Sasabihin ko lahat iyong nangyari,” he said, adding that Esperon withheld a lot of information.

Published inFeb '06Military

42 Comments

  1. Golberg Golberg

    Si Esperon talaga!
    Kutis bayag, mukhang bayag at utak bayag. Pero wala naman siya noon.
    Banatan mo Gen. Lim ng kung ano ang alam mo na hindi niya sinabi sa korte.

  2. Bong Bong

    Tama si Gen. LIM, ang mga tunay na kriminal last 2004 ay namamayagpag ngayon sa loob at labas ng gobyerno, pero ang mga nagmamalasakit sa demokrasya ay mga nagtitiis sa piitan. Sana Mapag bigyan si Gen. LIM na magsalita para isiwalat nya ang mga tunay na kwento.

  3. Abdollah Mouawad Abdollah Mouawad

    Esperon,

    Gago ka! Tanga! Ulol! Sinungaling!

    Palibhasa’y isa kang duwag na hindi marunong humarap sa katotohanan kaya ganyan ang iyong paratang na kasinungalingan. Sa dami ng iyong kasalanan bunga ng iyong pagiging sakim sa kapangyarihan ay hindi mo maaming walang katotohanan ang iyong mga iniaakusa sa mga nakakulong na opisyal na bunga lamang ng iyong bangungot na kinatatakutan.

    Nagtatapangtapangan ka eh wala ka namang napatunayan sa loob ng mahigit tatlumpung taon mo sa serbisyo at ni hindi ka nakaamoy ng pulbura ng bala ng kalaban o kung paano ang makipagpatintero sa kamatayan.

    Nagtatago ka naman ngayon sa ilalim ng saya ni gloria!

    Tandaan mo, LINTIK lamang ang walang ganti!

  4. Abdollah Mouawad Abdollah Mouawad

    There was no plot to overthrow the fake government of gloria arroyo, the unelected acting permanent president of her enchanted republic of the pidal. What the detained officers wanted to voice out is their withdrawal of support secondary to the cheating that took place during the 2004 presidential election for the people to know that the leader s(h)itting inside the malakanyang palace was not really elected by the people, thus her mandate is FAKE!

    Besides, these officers asked permission from the then CSAFP, Gen Senga who just summoned the ass for a second opinion and that said officers were not armed and when not granted permission to join the rally next day went to their own quarters which clearly showed there is no defiance of the chain of command nor a plan to stage a mutiny.

    All’s just in the ass’ malicious mind.

    Tama na! Sobra na! Kapunin na si assperon!

  5. Abdollah Mouawad Abdollah Mouawad

    goldberg, bayag na binubuni dapat. Bawat kilos niya ay umaatake ang kagaw at kumakati kaya ganyang kung ano ano ang ipinagsisinungaling ng mukhang bayag.

  6. Abdollah Mouawad Abdollah Mouawad

    Sorrow for the wrong tenses. Dapat pala fast tense, este past tense ang mga ginamit ko.

  7. Abdollah Mouawad Abdollah Mouawad

    Tensed na tensed kasi ako sa mga lying nitong si scrotum faced Assperon who is acting like a bading than a real man.

    How did he become a general?

    Can we ask for a revision of policies in the PMA in accepting cadets?

    Baka puwedeng huwag tanggapin ang mga katulad nitong si Assperon na bukod sa pangit na ay sinungaling pa?

    Nakuuuu! Sarap kalmutin sa mukha at sabunutan at sampalsampalin ang bruhang ‘yan!

  8. balweg balweg

    Si Esperon talaga!
    Kutis bayag, mukhang bayag at utak bayag.

    Kgg. Goldberg, Anong moralidad mayroon yang si Esperon…WALA, di ba?

    Dapat sila ang kasuhan ng treason at conspiracy nang pabagsakin nila ang lehitimong Pangulo na ibonto landslide last 1998.

    Ano ang napala nila…WALA, ok…nakuha nila ang Malacanang pero ano ngayon ang kanilang status sa lipunan, kundi isinusuka ng Masang Pilipino.

    Damay-damay na sila na puro traydor at sinungaling? Ko mo may alam pa sila na vanguard daw sila ng Bansa, ULULIN nila ang lelong nilang panot…opppss retokeng boobs pala!

    At least itong grupo ng Oakwood at Makati PEN e nahimasmasan con natauhan sa kanilang ginawa noong EDSA DOS, kahit papaano e kunsuelo de bobo na yong kanilang ginawa pero accountable pa din sila sa 11 milyong Masang Pinoy na nag-upo ng Pangulo sa pamamagitan ng malinis na halalan.

    Kaya, sorry na lang sa ating magigiting na sundalo na wala silang simpatya na nakuha noong naglunsad sila ng Makati PEN kasi nga sariwa pa ang EDSA DOS at ang tinik sa puso ng MASA…sino ba ang tumulong ng ilunsad ang EDSA 3, di ba wala at ang masaklap pa nito e nilibak at pinagtawanan pa ang Masa?

    Hope na yang mga kamaliang yan na pinaggagagawa nila e maituwid sa mapayapa at maasyos na paraan at NEVER na idadaan sa dahas at panggugulang sa kapwa-Pinoy?

    Sabi nga weather weather lang yan!

  9. balweg balweg

    How did he become a general?

    Simple lang Abdollah Mouawad, he kissed the asswhole ng kanyang bosing kaya yan nagkaroon ng pekeng stars? Sabi mo nga, ang sarap pagtripan…inis-talo talaga, but God is alive to judge the living and the dead kaya may pag-asa pa tayo.

    Sabi nga ni Bro. Eddie Villanueva e Bangon Pilipinas… promise ito ng Lumikha na ang isang bansa na nagbabalik-loob sa kanyang Panginoon ay pagpapalain, kaya wag tayong mawalan ng pag-asa at tuloy ang ligaya sa kabila ng mga hard headed nating kababayang-Pinoy.

  10. balweg balweg

    Tama si Gen. LIM, ang mga tunay na kriminal last 2004 ay namamayagpag ngayon sa loob at labas ng gobyerno, pero ang mga nagmamalasakit sa demokrasya ay mga nagtitiis sa piitan?

    Well, Bong…natumbok mo ah! Yan ang bunga ng kawalang respeto ng marami nating kababayang Pinoy sa ating Saligang Batas na siyang patnugot upang kilanlin tayo na isang bansang malaya at naninindigan sa Demokrasya na gustong yakapin ng lahat.

    Ang hirap…ang daming oportunista at hunyango sa hanay ng mga lingkod-bulsa, ginagawang palabigasan ang kabang-yaman ng bansa upang magsiyaman at maprotektahan ang kanilang mga negosyo?

    Front lang nila kuno ang maglingkod-bulsa upang magawa nila yaong vested interest nila na maka-pagnakaw sa pera ng bayan…ang masaklap nito kuba na sa kababayan ng buwis si Juan De La Cruz pero kita mo si Mickey Mouse e kabata pa milyonaryo na at tayo naman kuba na sa katatrabaho e manlang makahawak ng milyones?

    Puro sila pahirap!

  11. Pity the incarcerated officers did not show what military mutiny is truly like when Esperon was ushered in.

    OK, I know, I know, easier said than done. They should have booed Esperon or thrown shoes at him at the very least when he was through with his testimony.

  12. Question: Why were the drapes pink? Was colour meant to welcome Esperon?

  13. Comment on part of the video interview with Esperon: When the reporter asked Esperon why he changed/overturned the PTI recommendations, Esperon said, “that’s military justice for you, it’s harsh, everything is recommendatory” or similar drivel… pity the reporter did not catch him there and insisted:

    1) General, would appreciate it greatly if you could answer the question, why did you overturn the findings and recommendations of your own/AFP investigators?

    2) General, the military justice system is indeed harsh but it is just so, when you overturned the findings and recommendations of your own/AFP investigators, wasn’t there a failure of application of the military justice system?

    3) Is it a part of the military justice system for the AFP chief of staff to substitute himself or to take it upon himself to be to be prosecutor, judge and jury all in one?

  14. I also am wondering why Miranda was not in uniform. I realized that he is de facto retired but in a court martial, he should have worn his uniform and his 2 stars.

    He is being tried as a military officer, hence the wearing of military uniform would have in military order.

  15. Esperon was and will remain a pseudo military (who would never go past the rank of major in any western military outfit); he earned his stripes and his suns and his stars as a professional bodyguard.

    Matter of fact a video of a birthday celebration for him (I blogged about it) was titled: “Bodyguard to presidents”

  16. Also, when Esperon said, “This due process of law within the military. This is your court martial…”

    The reporter should have interjected: “You mean, General Esperon’s court martial…”

  17. Due process of law within the military? Which military? He gotta be kidding.

  18. Gen Hermogenes Esperon’s delusions of grandeur!

    a video of Gloria Macapagal-Arroyo’s most loyal bull terrier but who, in reality, looks like a sub-standard miniature pinscher who truly believes he’s Julius Caesar incarnate or something like that!

  19. He calls himself “A guardian of presidents”!

    I told you the guy was a pseudo military… he’s a professional bodyguard, much like Madonna’s bodyguard, with the exception that he got paid by Filipino taxpayers.

  20. Ellen,

    The overturning of the recommendations by the investigators is anathema to true military justice system. (My husband just confirmed.)

    At the very most, all Esperon could have done was to ask for a review of the recommendations or to ask for a subsequent report but under military justice system, a formal recommendation by the military chief’s own pre-trial committee for a serious criminal charge as mutiny could not/should not have been overturned — in so doing the very ethos of the military justice system were overturned and the very spirit of military legal system was broken.

    Imagine: Under harsh consideration, when the recommendations were overturned by Esperon, was the life and profession of each military officer. Hence, military justice system may be harsh but it must be just.

    A general does not, can not, just because he felt whimsical about it, ignore findings nor overturn formal recommendations by an investigation panel. They did that under Henry VIII and the Elizabethan times but those days are over!

    (OK, I forgot they still do that in Somalia and in Zimbabwe military…)

  21. Bong Bong

    Dapat ang isinisiwalat ni Esperon ay ang pandaraya nila last 2004 election. Baka patawarin pa sya ng masang pilipino sa ginawa nilang conspiracy sa pagpapabagsak sa lehitimong rehimen ni Estrada.

  22. I don’t want to enter into the nitty gritty of if or what and when and how or why the officers are facing charges of mutiny but I do want to question the formal and military legal basis of the existence of the court martial. This court martial shouldn’t even be existing!

    The failure of the application of the military justice system began when Esperon himself ignored the findings and overturned the recommendations of the pre-trial/investigation commission to drop the mutiny charge. That’s not how the military justice system works.

    Esperon as CSAFP broke the rules so he cannot, shouldn’t be talking about military justice.

  23. saxnviolins saxnviolins

    Objection Your Honor. Witness is incompetent; the testimony is hearsay because he was not the arresting officer.

    Motion to strike the entire testimony.

  24. saxnviolins saxnviolins

    Minutes of the meeting between the military and the reds? Good grief Grimm’s Fairy Tales na yan. Well, fairy naman si Esperon.

    I would not have objected to that document, to allow it in the record, to show the preposterousness of the evidence. Then, I will ridicule it in the brief for defendants.

  25. Sax,

    Re: “Witness is incompetent; the testimony is hearsay because he was not the arresting officer.”

    Just a thought: technically in a civilian court, that’s possible but in a military court, normally, a written/official report submitted by an officer or a military office to a superior or a militry commander is accepted as fact. Hence, an official military report by an arresting military officer to his superior is acceptable (in a military tribuna) and becomes the official basis for a witness’ testimony even if that witness, eg., commander, was not the actual arresting officer.

    That’s because it has been assumed that the wheels of the military justice system have been implemented, that facts were verified and counter-verified and the resulting report, recommendations were arrived at because the investigating officers followed the basic credo that guide military decisions: honour.

    Of course, that’s only possible when your chief of staff or when AFP leadership is honourable.

  26. But of course, it wouldn’t have harmed the defence had their attorneys moved to strike the entire testimony as hearsay…

    Nothing more judicious than creating mayhem in a monkey court.

  27. chi chi

    The real criminals are free.- BGen. Danny Lim

    Gloria, the number one criminal is still gallivating overseas. The second, her ASSpweron, just locked eyes with the victims of her no bounds kapritsos.

  28. chi chi

    “It was a conspiracy to grab power, Esperon tells court martial”

    The ASS might be talking about Gloria’s power grab of the presidency from Erap.

    Kapag sila ang ang power grab free sila lahat. Kahit hindi nag-power grab basta sumalungat sa katarantaduhan ng kanilang pekeng kumander ay kulong at bartolina ang hantong.

    Hindi power grab yan kasi PEKE naman ang presidente nila!

  29. chi chi

    Golberg – September 24, 2009 10:53 am

    Si Esperon talaga!
    Kutis bayag, mukhang bayag at utak bayag. Pero wala naman siya noon.

    ___

    Hahaha! Hindi lang pala supot, talagang wala ha, Golberg?

  30. chi chi

    Is General Lim allowed to sit at the witness stand?

  31. chi chi

    By noon of June 30, 2010, hahagulgol na naman ng iyak si ASSpweron.

  32. Chi,

    If you ask me, but Sax should confirm this, I think he can if he’s been lined up to testify. I personally don’t see why he shouldn’t be allowed to testify on his own behalf in that military tribunal and tell what he knows. He is alllowed to use every legal tool to defend himself — it’s his life and freedom that’s at stake. (Of course, his lawyers know best what to do.)

  33. chi chi

    Thanks, Anna.

    I’d like very much to see the General takes the witness stand. Mas mabuti nga kung face-off silang dalawa ni Asspweron.

  34. saxnviolins saxnviolins

    Anna:

    You cannot cross-examine a document. So if it narrates facts, then the best evidence is the testimony of the arresting officer whose narration of facts formed the basis of the report.

    It is different if it is a business transaction, like a sales invoice, which attests to one fact, not a narration. That does not require oral testimony; the document is self-authenticating. Same is true for a birth certificate.

    chi:

    Any accused can testify in his own behalf. Very few do, because it is the prosecution’s burden to prove that you did something. There is no need to prove that you did not do anything. You prove the affirmative, not the negative.

    Similarly, the theists must prove there is a God. The atheists do not need to prove that there is no God.

    Likewise, the prosecution must prove that Dacer is dead. Erap and Ping do not need to prove that Dacer is alive.

    So pahawakan niyo yung bulalo bone kay Sabina Dacer, because her DNA is the same as her father’s. TADAAA, biglang nagkaroon ng human DNA ang bulalo.

    Ingat.

    If you send it to the US, where they will do more sophisticated DNA testing, yung itsura pa lang ng buto, buking na. If the scientists can determine whether or not a fossilized bone belongs to a dinosaur, they certainly can determine whether the bone is bovine or human. Maaaring yan ang dahilan kung kaya’t hindi pinadala sa Tate yung lunch ni Dacer.

  35. chi chi

    “So pahawakan niyo yung bulalo bone kay Sabina Dacer, because her DNA is the same as her father’s. TADAAA, biglang nagkaroon ng human DNA ang bulalo.”

    Hahahaha! Swak na swak, atty sax.

    Thanks, you’re very helpful to a non-legal mind, like me.

  36. OK, thanks for the clarification, Sax.

  37. Diego K. Guerrero Diego K. Guerrero

    Electoral fraud is not a part of democracy. Part of Hello Garci tapes (political scam 2004 election). Mr. Assperon, may kasalanan ka sa taumbayan. Mandaraya ka! Suwitik numero uno. Heto ang *original sin* kaya naka-kulong ang mga Tanay Boys.

    Conversation between a male (believed to be Virgilio Garcillano) and a female (believed to be Pres. Gloria Macapagal-Arroyo) on 28 22:13 May 2004

    Garcillano: Hello, good evening ma’am.
    GMA: Hello, the FPJ camp raw will file a case against the Board of Canvassers of ano, dun sa Marawi, and the military?
    Garcillano: Ano ma’am?
    GMA: The FPJ camp raw will file a case raw against the Board of Canvassers and the military in Marawi?
    Garcillano: Hindi naman ho siguro nila maa-ano yung ating Board of Canvassers, pero ang military, kasi si Gudani, sa kanila si Gudani. I do not know why they will file.
    GMA: Oo, oo.
    Garcillano: Sa kanila si Gudani ma’am. In fact that’s why we have, I have to work with Gen. Esperon and Gen. Kyamko na at that time, pinalitan namin si Gudani for a while. Kaya kwan, pero bakit nila file-filan yang mga military na sa kanila lahat. Halos ayaw na nga mag-give way sa aming mga tao.
    GMA: Oo, meron silang pina … (line cut)

    “I believe this is all part of my defense of democracy so it is not something hard to do, appearing here as a witness and I will come out with whatever is asked of me in this court and what I should be telling as a witness.” Former AFP chief Hermogenes Esperon.

    Defense of democracy daw. Lokohin mo ang Lelong mong panot.

  38. DKG,

    Bravo for re-publishing Gloria’s ‘Dagdag-Dagdag’… This should be reprinted all the time… Thanks.

  39. Thanks, DKG

  40. Abdollah Mouawad Abdollah Mouawad

    chi, atty sax,

    Mali ‘ata ‘yung mga topic n’yong dalawa. Dapat doon sa Dacer loop ‘yan.

    He he he heeeh!

  41. chi chi

    Pansin ko nga, Abdollah. Fairy tale kasi pareho ang storya nila e, hehehe.

  42. It is all a matter of military balance. But ultimately, it is a matter of the composition of mind of the military.

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