The prosecution in the court martial of the 28 officers charged with mutiny in connection with the February 2006 alleged withdrawal of support from Gloria Arroyo is blocking the release of the 11 officers acquitted last Oct. 15.
Trial Judge Advocate Lt. Col. Feliciano Loy said last Oct. 21, he asked for the nullification of the court’s decision acquitting the 11 of the 28 respondents and moved to “reopen to adduce additional evidence.”
Loy said in his motion, he said the court headed by Maj. Gen. Jogy Fojas denied the prosecution due process when it ruled on the motion of the defendants for a ruling of not guilty on the same day the accused submitted their respective “Motion for the Finding of Not Guilty.”
But he also admitted that the court granted the motion of not guilty of the 11 accused “after a lengthy argument and counter argument by the prosecution and defense panels.”
The 11 officers who were acquitted were Marines Col. Januario Caringal; Lt. Colonels Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez; Captains Ruben Guinolbay, Frederick Sales and Allan Aurino; and First Lieutenants Ervin Divinagracia, Jacon Cordero, Sandro Sereno and Richiemel Caballes.
Loy said the prosecution has discovered new evidence and if his motion is approved, he is asking for 15 days to present evidence.
“The prosecution is in the process of finalizing the lists of additional winesses and/or proofs to pin down some of the accused who conspirted with one another in committing the offense of mutiny as charged.
The court has scheduled the decision on the 17 remaining defendants at 1 p.m. Tuesday.
The 17 are led by former Marines commandant Maj. Gen. Renato Miranda, former Scout Rangers head Brig. Gen. Danilo Lim, and Medal of Valor awardees Col. Ariel Querubin and Lt. Col. Custodio Parcon.
Others are Col. Orlando de Leon, Col. Armando Bañez, Lt. Col. Achilles Segumalian, Maj. Jason Laureano Aquino, Maj. Jose Leomar Doctolero, Capt. James Sababan, Capt. Montano Almodovar, Capt. Joey Fontiveros, Capt. Isagani Criste, Capt. William Upano, Capt. Dante Langkit, 1Lt. Belinda Ferrer and 1Lt. Homer Estolas.
When asked why he is blocking the release of the 11, who had expected their release orders last week, Loy said, “Kasi kawawa naman ang 17. Nakalabas ang iba, sila nakakulong pa (It’s unfair to the 17. Their companions have been released but they’re still incarcerated).”
Told that the 17 might as well be freed, Loy laughed.
He denied that he is under pressure “from above” to block the release of the rebel officers.
“…..Loy said in his motion that the court headed by Maj. Gen. Jogy Fojas denied the prosecution due process when it ruled on the motion of the defendants for a ruling of not guilty……
Loy said they have discovered new evidence and if his motion is approved, he is asking for 15 days to present evidence….”
Bago ito, ah!
The prosecution had already presented more than enough UNRELIABLE evidences and witnesses belying all the fabricated charges against the acquitted officers, yet Loy would say the prosecution was not given due process?
Tanga nga ito!
Siya ang nagpapakautong umuusig kahit alam niyang hokus pokus lamang ang kaso tapos sasabihin niyang sila ang agrabyado?
Wala ng kamay na nagtutulak sa kanya kundi personal na kagustuhang makulong at mapigil ang mga inabsuwelto dahil napahiya siya sa kanyang mga kapalpakan!
Palakpakan natin si Colon-el koLOkoY!
Pretty obvious Gloria and Esperon couldn’t accept defeat.
“Kasi kawawa naman ang 17. Nakalabas ang iba, sila nakakulong pa.”
What kind of answer is that? What a moron! And he is a leftenant cornel? Shit-a-brick!
Kayo naman. . .para kayong bago. . . kunyari lang yan. . .fait accompli na to. . . do u really think magdedecide ang GCM na acquitted sila kung walng green light sa taas? As I have said in the previous thread, they were just made to do time in jail to make them rot even if the prosecution had no case against them. . very obvious na very token ang resistance ni Loy para walang masabi ang kokontra. . .di nya alam na lalo lang silang naging katawa-tawa. . .prosecuting a non-existent case. . . ginawa ba naman silang mga ABOGAGO. . .kung ako yan, magreretire na lang ako to keep my dignity intact. . .
Hindi ba ang nangyayari, the eleven are being held on a different set of charges than the charges they have been acquitted on?
“….I asked Col. Loy why he is making blocking the released ot he 11, who had expected their release orders last week, he said, “Kasi kawawa naman ang 17. Nakalabas ang iba, sila nakakulong pa….”
Kaplak!
Plak!
Pak!
Bog!
(Mga sampal, sampiga, sampilong na may kasamang sapok at mag-asawang tadyak)
Tanga! Nakupo! Abongongo ka nga.
A reevaluation of the guilt of the accused, whether styled as a motion to reopen or a motion for new trial violates the prohibition on putting an individual twice in jeopardy of life or limb for the same offense. Every lawyer knows that. That this motion is being filed shows the valiant display of feigned ignorance to perpetrate the continued persecution of the officers.
The prosecution panel, apparently, purposely read out of context the Manual for Courts Martial, which on Page 126 states:
Winthrop’s Military Precedents states the same on Page 284:
but it may permit a case once closed on the part of the prosecution or defence, or on both sides, to be reopened for the introduction of testimony previously omitted or discovered since the closing.
But the footnote which indicates the source case law states:
The reopening clearly refers only a reopening of the stage of the proceedings where evidence is being presented. After the prosecution or defense rests, the presentation stage may be reopened. But that presumes that the proceedings are still ongoing, before a decision.
Note too, that the leading case adverted to by Winthrop states that the defence, not the prosecution, was allowed to introduce newly discovered evidence.
A reopening to adduce evidence after a decision is actually a motion for new trial, based on newly discovered evidence. All penal statutes (US Courts Martial) and the Revised Penal Code of the Philippines provide for such only for the accused. To allow the prosecution to file a motion for new trial (styled as a motion to reopen) violates the prohibition on double jeopardy.
I hope Loy is amply rewarded, for his attempt to enrich Philippine military jurisprudence, by providing a leading case regarding double jeopardy. He will also enrich jurisprudence by redefining the phrase “ignorance of the law.” I thought the king of that phrase was Oliver Lozano.
Ay maige’t nandine si aturni saxsipon este saxnviolins, ey.
Kahirap baga nireng ang alam sa batas ay kakatingot la’ang. Ay, kahit naman gay’on ay hindi naman basta basta maniniwala sa mga katulad ng katwiran nitong Koronel Loyloy.
Ay, ngay’on la’ang ako nakaalam na mer’on palang umuusig na nadehado sa korte, ey.
Kunsabagay ay tama din naman siya, ey. Saka na la’ang palabasin ‘yung onse dahil mawawalan ng kalaro ang labingpitong maiiwan sa kalaboso. Kakaawa nga, eh.
Ala’y kasarap dagukan ang sinalibad ng lintok na abungagong iyan, ey.
Saan ga nag-aral iyan?
The first thing that came to my mind when I read the title of this post was DOUBLE JEOPARDY…now I just see it as a big cruel joke…this is an all time low even for this kangaroo court, then again this too shall pass, and may we not forget and forgive what has been done here…
“Loy said they have discovered new evidence and if his motion is approved, he is asking for 15 days to present evidence.”
Ano naman kayang new evidence yan. Ika nga, If they have it, why not flaunt it? or baka naman they need 15 more days to “produce” the evidence.
With the corruption of our justice system as manifested by the prostitution panel, are we still surprised?
It is all a matter of balance of forces–whose side has the stronger force. The balance is determined by the composition and structure of mind inside each and every individual in the force whichever side may be.
I have the same observation, Buraot. Asking for 15 days to present the new evidence they were supposed to have just found?
They have no evidence.
What kind of scare tactic are employed on the new “witness”? I smell a dead rat!
Asspweron is not giving up that easily!
New evidence? Tapos na ang boksing ay pinipilit pa na baguhin ang resulta! A, whether Her Kababuyan and her Ass like it or not…malapit na rin silang matapos and they can’t stretch their borrowed power for long.
Di bale nang tawaging idiots basta mapabigyan si Gloria at Asspweron. Magkano kaya?
Thanks, atty sax. As usual, very enlightening.
Chi, I bet you, intimidation, threats on the family of the soldier witness, a juicy position some place at baka may pabahay pa. Ass and boobuwit are known to reward their partners in crime and make a hell of the lives of those they target to be cahoots with them if these will not go along with their sinister plans. Don’t we know how the hoodlums operate?
Sax, nagbasa na rin lang sila ng court martial manual nila mali pa ang interpretation. This reminds me one time when I attended one of the hearings. The prosecution was quoting a case and when asked what it was all about, hindi niya alam kung ano. Ang sumagot eh isa sa mga lawyers ng isa sa mga accused. I then wondered kung itong mga military lawyers na ito eh kumuha ng diploma nila sa Recto and re-took the bar a dozen times. Mapupurol ang mg kukote!
Nakakahiya talaga itong AFP, tatlong taon ng nakakulong, di pa sapat at nakakadiskubre pa ng ebidensiya ha?
Ano yan, kagaya nung rehistro ng motorsiklong pinasabog kay Wahab Akbar na nakita sa safehouse ng mga Muslim daw? O yung plano ng Magdalo na naiwan daw ni Lt. San Juan sa locker niya? O yung floor plan ng Batasan na natagpuan sa safehouse ng Magdalo ilang araw matapos mahuli sila Bumindang? Baka naman yan din yung sapatos at pustiso nila Dacer at Corbito na natagpuan mismo ni Sabina Dacer apat na araw matapos ma-locate yung sasakyan?
Tongue in, anew!
Tongue, relaks.
Matatapos na ‘yung pabrika ng ebisensiya at pagawaan ng cloned na testigo na ipinagawa ni esperon.
After 15 days, ilalabas na nila ‘yung bagong testigo na pina-memorize ng mga sasabihin.
Sana lang hindi ko kamukha.