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CA junks Querubin’s plea to stop court martial

ariel.JPGThis one is not-so-good news. With this, Maria Flor Querubin said they would have to go to the Supreme Court and join Maj.Gen. Renato Miranda, Brig.Gen. Danny Lim and others to make the same plea. “I’m hopeful and praying that the Supreme Court justices will be fair and objective,” she said.

Malaya’s report:

THE Court of Appeals has denied the petition of detained Marine Col. Ariel Querubin to stop court martial proceedings against him and 29 other military officers who figured in the foiled coup attempt in February last year.

In an 18-page decision penned by Associate Justice Vicente Roxas, the CA Special 13th Division affirmed the authority of the general court martial to try erring soldiers and of AFP chief Gen. Hermogenes Esperon’s to convene a pre-trial investigation panel.

The CA said Querubin’s apprehension he would not be accorded a fair trial was purely speculative.

“The presumption that official duty will be regularly performed by officers sworn to uphold the Constitution and the law cannot be overthrown by the mere articulation of misgivings to the contrary,” the CA said.

The CA debunked Querubin’s claim that Esperon will be the judge, prosecutor or reviewer of the findings of the special general court martial because other military officials are tasked to review the case.

The appellate court said Esperon’s role in the proceedings ended after he convened the court martial.

“It is baseless for Col. Querubin to anticipate the outcome of the court martial because he cannot indulge in unjustified assumptions. Prejudice cannot be presumed,” the CA said.

Querubin, in his petition filed in December 2006, said his continued detention is illegal considering that the panel which conducted the pre-trial proceedings recommended the dropping of the mutiny charges against him and the other officers.

He said Esperon failed to observe due process when he issued a memorandum on Nov. 17, 2006 ordering the creation of a special general court martial and the Letter-Order No. 758 dated Nov. 24, 2006, affirming its creation despite the findings of the pre-trial panel.

He further said the military court convened by Esperon would be nothing more than a “kangaroo court,” as the AFP chief had been making biased pre-judgment on the case before and even during the entire period of the pre-trial investigation.

Querubin, brigade commander of the 1st Marine brigade based in Camp Ranao, Marawi City, was relieved along with Maj. Gen. Renato Miranda, former Marines commandant, and Gen. Danilo Lim, former Scout Ranger commander.

He is detained at the Fort San Felipe detention center in Sangley Point, Cavite. – Evangeline de Vera

Published inMilitary

172 Comments

  1. OK, guys, kalampagin na ang SC para magbaba ng verdict in favor of these beleaguered soldiers who deserve honor and gratitude by the people of the Philippines who should praise and honor them for standing for truth and right for in principle their allegiance is only to their country and people, not to a criminal calling herself president of the Philippines. Hopefully, the SC will again see reason and propriety and decide on releasing these gallant soldiers, the real macoys!

  2. Bisaya ba si Esperon. If so, pakimura na lang sa bisaya ang hinayupak na sipsip na iyan. Kung Ilocano siya ito ang mura ko sa kaniya! Kininam!

  3. chi chi

    Sige, duon na sa Supreme Court. Walang kwenta ang CA special 13th division, halatang maka Assperon at Queen Gasul!

    “The CA said Querubin’s apprehension he would not be accorded a fair trial was purely speculative.” E speculative at gawa-gawa din naman ang kaso na binalandra sa kanila a!

    Fair trial, this CA doesn’t know what fair is!

  4. Col. Querubin is from Ilocos Sur.

  5. God bless you, Col. Querubin! Glad to hear you’re Ilocano, too. Proud of you! Off to the SC you go!!!

  6. I think I will start asking for signatures for a petition for Col. Querubin, et al to the Supreme Court. Ellen, may I send the petition through you for the Supreme Court on behalf of these soldiers? Thanks.

  7. chi chi

    Hi Col. Querubin,

    My prayers and thoughts are with you and all the “officers and gentlemen” in incarceration because of love of country.

    I’m so proud of our “Men of Honor”.

  8. Holy, frigging shit!

    Querubin will be tried for standing down and for not committing mutiny! What a senseless kangaroo justice!

  9. Anna:

    Ang kaso ni Querubin ay ayaw lang niyang pagamit. I remember how he refused to have his men used for some scheme to bomb the rallyists and blame it on themselves! Bayani yata ang isang ito para pumatay ng kapwa niya pilipino ng wala sa katwiran at katinuan ng sinumpaan niyang paglilingkod sa bayan. Sino bang sipsip na hukom ang nag-turn down ng apela niya sa CA. Babae ba ni Ipdye? O takot lang doon sa kriminal na mafiosa?

  10. Gosh, padasal-dasal pa! Maniniwala ako sa mirakulo ng mga santo ng katoliko na kapag nagpunta si Pandak sa Fatima ay biglang dumilim at kumidlat at magsalita ang sinasabing birhen doon na huwag niyang dungisan ang kabanalan ng lugar na iyon kung totoo nga. Sana matakot na ang ungas sa mga kabalbalang ginagawa niya! Pati langit binabastos ng ungas!

  11. cocoy cocoy

    Ariel Iho.arugay ka mit laing,nangabak na ni Trillanes at maysa na siya na Senador,giyera patani na kung haan ka pay nila ilabas ng kulungan,Aldaw na ninyo kontra kay Esperon na tungol.Bilib ako sa tapang mo and keep it that way.Nagkamali sila nga tinalo,Ilokano pay,Asus! Agtarayin na nila idyay pangpang no haan nila kayat ti mapaltugan.Otro pa itong maysa na lukaret na reyna ng Gasul,kunyari pang santa-santita,mas makasalaman pay ngarud.Awan pay ako na nakitam ti Ilokano na nagtarayin sa labanan.

  12. When a nation allows its institutions to PERSECUTE its honorable men and women in the uniformed service for STANDING DOWN and FOR NOT COMMITTING MUTINY, then you have a serious problem.

    Honor is gone, moral courage is gone, sense of values gone too – all you have left is a mess, a corrupt governance synonimous to pandakekak and her happy gangsters.

  13. Ang nakita ko noong kaguluhan sa Camp Aguinaldo ba iyon o Camp Bonifacio ay si Querubin refusing to heed the order from Malacanang to plant bombs at places where protesters would hold their rallies against the cheating in the election of 2004. So, where is the mutiny case there? This bemedaled soldier just refused to be used by a heel and a criminal to kill any fellow Filipino. Bakit naging kasalanan iyon? In fact, bakit ba nila susundin ang isang kriminal na dapat ay dinarakip at pinaparusahan at hindi itong magiting na sundalong ito? Nasaan na ang katinuan?

  14. chi chi

    Hindi ko alam kung matatawa ako o maiinis sa kasalanang ibinibintang nila kay Col. Querubin. Sabi nga ni Anna, this courageous man in uniform is being charged for “STANDING DOWN and not for committing mutiny”.

    Ayaw lang sumunod kay Gloria na mag-bomba ng mga tao, court martial na! Onli in da Pilipins!

  15. rose rose

    Si Querubin ay taga Ilocos Sur- pero si Esperon saan siyang planeta galing? To stand for what you believe and for your right is a crime? We will all pray for you Col. Querubin for justice through the intercession of this new saint- St. Eugenie. Kakalampagin ko itong bagong saint kahit hindi ako graduate ng Assumption.

  16. chi chi

    Mangangalampag ka ng bagong Santa ha Rose?

    Paki-sabi nga kay St. Eugenie na tuluyan ng mawala sa ating bansa ang kanyang nagkukunwaring estudyante! Ayun at libut ng libot sa lahat ng banal na lugar para lokohin ang mga Santos at Santas! Hindi na nangilabot itong Reyna ng Gasul!

  17. rose rose

    Chi: Siya ang kakalampagin ko kasi she is the “new kid in the block” at mabigat itong request ko na mapaalis itong alumna nila para giginhawa naman ang karamihan sa atin hindi lang yong mga “exclusive” . I also prayed for the intercession of St. Rita (the saint for impossible cases at patroness ng Sibalom, Antique pero busy pa ata at katatapos lang ng fiesta May 22, at kay St. Jude the saint for hopeless cases pero busy rin ata) At kung hindi man siya mapaalis I pray for justice sa mga tao na pinarusahan niya sa walang dahilan. I believe in Miracles- ang kanta nga sa “Fiddler” Miracles. miracles ….

  18. invictus invictus

    I and my lawyer are yet to receive a copy of the PTA and now the news about the denied petition from CA that would not only favor Col Querubin. This only cast more doubts and questions about how intelligent and wise are the people in the Court of Appeals. Or is the justice system in this country suffering also from a brain drain? Huh! What a poor state we have.

  19. invictus invictus

    The detained soldiers are hopeful that the Court of Appeals will be fair and just, aside from being logical with their decisions but it seems they (CA lawyers) are not capable of doing that under a repressive administration. For them, this is also a game of survival, as they prefer to be swallowed by corruption and greed. What a pity.

  20. myrna myrna

    rose, dapat langa talagang kalampagin si St Eugenie, dahil protege niya yata si gasul eh 🙂 at para naman mapatunayan na talagang nagmimilagro nga siya.
    off topic, talking of fiddler on the roof, just a week ago, napanood ko si topol live here sa auckland! galing-galin pa rin, after all those years. para rin sa movie, worth the money paid for.

    buti pa si topol, dinumog ng manonood, yung isang peke na turista sa nz, ayun, ang mga nagsipunta sa reception, puro mga ksp! nag-agawan magpakuha ng letrato, pero sabi nga nung isa, itatago niya na lang daw yun, kasi alam naman nila na malapit na ang buhay ni bruhang gasul. ang tanong ko nga, “o ano, after gloria, now what!??!” walang masabi, lalo na nung sinabi ko na si senator trillanes, una siyang target sa agenda, hahahha

  21. Invictus,

    I’ll start a sign campaign over in Japan, and send the signed petition through Ellen. I hope the effort will help influence the decision of the SC. At least, may natatauhan na doon. Reason why I am not in favor of this Ong being pushed by the short woman to be included in the SC. This guy should not in fact align himself with these crooks. Masisira ang reputation niya.

    This is the only thing we can do for the moment. It is not a useless endeavour as a matter of fact. May nangyayari rin especially when coupled with a lot of faith, prayers and fastings.

  22. Myrna:

    Di ko rin trip ang nagpupunta sa mga reception ni Pandak paid with taxpayers’ money. Natatawa nga ako sa mga pilipino pag nagpapalitrato sa mga opisyal. Not my type. Kasi katwiran ko mabaho din ang tae nila!

  23. BLACK KNIGHT BLACK KNIGHT

    Ellen,

    Ang laki ng pinayat ni Col Ariel Querubin.

  24. BK, that picture was taken last month, as he was preparing to board the vehicle back to his detention quarters after the trial.

  25. Ellen,

    I’ve been looking into the current announcement by Comelec Chairman to use the “Panganiban Formula” in allocating the party list seats, instead of its usual 2-4-6 method…

    And considering that the proper seat allocation to party lists, which should be 20%, is not even being implemented, Felix Muga suggests using the Stakeholder-based method, which will allot the full 20% to party lists, and also mentions House Bill 6479 which deems to amend the Party-list system in order to implement this method..

    But I couldn’t find 6479, and in fact 6479 deals with trafficking of women, etc…

    But that’s beside the point, I thought I may also want to leave this topic open for discussion here, since Comelec seems to be playing politics again…

    And I ask these questions,

    1. Amend the party-list system act of The Philippines so that a formula is used to actually reflect 20%?

    2. Stick with the Panganiban Formula, as what the Comelec wants?

    3. Go back to the 2-4-6?

    OR

    4. Other..

    Of course this is open to anyone to answer and help me out with, I’m honestly intrigued by this, but can’t seem to figure out why it hasn’t dawned on me why I didn’t realize that we weren’t even following the constitution when it came to the 20% allotment to party lists..

    I can’t sleep now.. 🙂

  26. parasabayan parasabayan

    Ellen, it may be a blessing in disguise that the CA ruled the way they did on Col Querubin’s case. Now, he can elevate his case to the Supreme Court where justice may still prevail. You can not expect any favourable decision from a pool of Supreme Court Justice wannabees. Recently, weren’t there several cases relating to bribery in the Court of Appeals? Need we say more? Obviously, these CA justices do not know the real Assperon. He has completely lost the values of a PMAyer. He would rather protect a bogus, lying cheat than his honorable men, all for power and money.

    I heard that Col Querubin excercises for hours everyday to be fit. It shows.

    To Col Querubin, absolute justice comes from above, not from a lying and cheating tiyanak! We are all praying for the expeditious resolution of your case!

  27. Lets look on the positive side that the Supreme Court, if their balls are still attached, eventually will have a chance to give her another slap!

  28. Excellent point parasabayan..

    @WWNL, another slap would be nice..

  29. skip skip

    Shrek Pichay has conceded. Now it’s Zubz we should be watching out for.

  30. skip skip

    Just who does Zubiri think he is????

    Addressing Koko Pimentel, this two-bit politician has very arrogantly said “Magdahan-dahan ka sa mga salita mo. Baka makasuhan ka ng libel. Wala ka pang amnesty (sic). Hindi ka pa senador.”

    Tita, immunity yon. Hindi amnesty. Tanga.

    And although everybody knows you are cheating, Pimentel himself has never directly accused of doing so. I haven’t even begun to to forget how haughtily you’ve conducted yourself in the past. And now this.

    ULOL!

  31. chi chi

    Invictus,

    It’s more like the justice system is still very much in the pocket of the Pidal couple!

  32. chi chi

    Skip,

    Isa pang tanga itong si Tita Migz. Amnesty ha! hik! hik!, hik! Walang karapatang maging senador! Aba, para lang palang si Lito Lapid ito, walang alam!

    Tita Migz, please control yourself, ayaw ng mga kabaro natin ang ganyang mataray kaagad wala namang binatbat pa!

  33. chi chi

    Kahit mag-concede pa si Pechay, not a news…he’s a big loser from the beginning! OK na rin kung gustong sumakay sa mga “concessions”!

  34. skip skip

    Chi,

    Tumpak ka dyan. Sobrang tanga nitong gagong ito. Hindi ko alam kung bakit pumasa sa UPCAT to. Nakakahiya.

    Just spend two minutes listening to him talk — and I swear, bababa ng dalawang points ang IQ level mo. He is an ignoramus couching his vacuousness in konyo-speak.

    You are way out your league, Tita. Look at it this way, losing the senate race might be the best thing to happen to you — just imagine how much the televised sessions will expose your intellectual mendicancy.

    Mahiya ka naman.

  35. chi chi

    “intellectual mendicancy”

    Skip,

    You just mentioned the name of Gloria Arroyo. heheh!

    Sa kanya pala nagmana si Tita Migz!

  36. chi chi

    Sorry Ellen, naligaw kami ni Skip ng loop.

  37. skip skip

    My apologies too, Ellen

  38. ateneo_blogger ateneo_blogger

    have u guys thought of a scenario pag natalo si pimentel at pumasok si zubiri? or a scenario pag nanalo yung opposition 8-2-2. for sure, ung mga senador na nanalo wont support a revolution, kumportable na sila sa kanilang mga kalagayan eh. gagawin nila, loyal oppositioning lang, ung para sumikat lang. i will vote for senator ping lacson for president in 2010, about time he wins. i bet matatalo niya si manny villar. mar daw wil run for vice, di natin alam kanino.

    i pity our soldiers, we should support them all out. they are our only hope. kung may dapat pasalamatan, sila un. ung mga nanalong senador will just talk to serve their own interests and pass useless laws that dont get implemented anyway. the blue ribbon hearings will be done in a very tempered way, just enough to make people hate gloria, but not too much to make people want to oust her again. so thats the sad fate of those wanting to get her out. shes staying til 2010. both the admin and opposition will want it that way cos her stay makes opposition mouthpieces even more popular, and admin suck ups richer. so its either of the two lang.

    ang kawawa, ung mga mahihirap, ung mga kinukulong, at tayo eventually. sila sila lang ang makikinabang in the guise of opposing.

  39. military wife military wife

    i felt so sad with the news regarding CA’s decision….but i know that esperon is much more sad than i am sa decision ni gen yano to release the so called PTA( or the preliminary advice “daw”)… it seems kasi na they were not able to call a doctor for correction of the document eh, ksi ung mga na clear and nakalabas na officers recommended din pala for court martial….so pinalabas nya un w/o even reviewing the last page of the PTA? or pinalabas nya un through pen pen desarapen de batuten? ganun? tom miss ellen i will post the last page ng PTA d2 and i will note the officers included in the recommendation yet nakalabas and cleared na!!!

  40. chi chi

    Can’t wait to read the last page of PTA and your notes, military wife. God Bless!

  41. Sampot Sampot

    Add to this, the persistence of the Comelec to defer the proclamation of Trillanes and Koko Pimentel…

    i think the enemy really wants to push us to the edge… and a bloody outcome would inevitable.

    Norberto Gonzales is a hired butcher of the Elite.

  42. Sampot Sampot

    … and a bloody outcome would become inevitable.

  43. chi chi

    ateneo_blogger,

    Don’t you think you’re going far ahead of the events in the senate? I would rather give a chance to the winning younger senatorial candidates than lambasting them even before they can show their mettle.

    In fact, I’m willing to give another chance to the older winners just to show that I’m open to what they can still offer us.

    I think that you are the one really afraid of change of status quo!

  44. Military wife, please post it here. I’ll be away for a few days. Family emergency. My uncle passed away. I have to go home tomorrow.

  45. chi chi

    Palace scores Trillanes’ impeach-Gloria agenda

    2007/06/06 http://www.tribune.net.ph

    Malacañang yesterday slammed “winning” opposition senatorial candidate former Navy Capt. Antonio “Sonny” Trillanes IV, who vowed to prioritize the impeachment of President Arroyo after he is proclaimed senator.

    National Security Adviser Norberto Gonzales, during a phone interview, said they are disturbed over the threats of Trillanes, accusing the Genuine Opposition bet of seeking the Senate position with a sole agenda of destabilizing the Arroyo administration.

    ***
    Nangangatog na sa takot ang EK sa takot kay Trillanes! GO Sonny GO! GO!

  46. chi chi

    Ellen,

    My deepest sympathy for the passing away of your uncle.

  47. skip skip

    Ellen,

    My condolences and prayers to you and your family.

  48. Sino ba iyang inutil na isang pang Gunggonzales na iyan. Tangi na mayaman na ang walanghiya! Ang laki ng taga ng hinayupak na iyan balita ko dahil sa mga publicity stunts ni Pandak na siya ang in-charge. Buti na lang, nilalangaw na ang mga kabulastugan nila. Takot na takot sila kay Trillanes kasi alam nilang mas matinik si Trillanes. Hindi kailangan ang mga bola-bola publicity nila para kumagat ang mga pilipino. Gaguuuuuuu! Gago-nzalez!

  49. Isa iyan sa dapat na patukan ni Trillanes sa Senado—magkano ang nakakaltas sa kaban ng bayan ng pinaggagawa ng ungas na Norberto Gonzales na iyan. Kailangang ma-expose ang mga graft and corruption ng mga ungas na iyan. Dapat ang pukpok sa mga walanghiya kahit na makapal ang mga mukha at imposibleng mangyari ang ginagawa ng mga hapon kapag napahiya–nagbibigti o tumatalon sa mataas na building!

  50. Anong sinasabi niyan destabilization ng administration ng isang kriminal? Kriminal din siguro ang utak ng taong ito. Destabilization daw? Gago! Exposure ng mga kabulastugan ay hindi destabilization. Dapat lang para mawala na ang mga kurakot!!! Gunggong nga, Gunggonzales!!! Buti na lang hindi Gonzales ang apelyido ko!!!

  51. chi chi

    Yuko,

    Read this, ginawa pa tayong gago nitong si mongoloid Norberto! Avoiding reading the signs for their final exit, eh!

    ***

    Gonzales also indirectly lashed at the electorate whom he charged voted Trillanes in the Senate to ridicule the elections.

    “We don’t call it an indication that our people were mad and disgusted at President Arroyo, nor a sign that they want her out from office rather, we view it as a ridicule vote of our electoral system by voting (former Sen. Gregorio) ‘Gringo’ Honasan and now Trillanes in the Senate,” he said.

  52. Ellen, my sincerest condolence…

  53. Ellen, Please accept my most sincere condolences.

  54. cvj cvj

    Condolences Ellen.

  55. cocoy cocoy

    Senior Norberto Gonzales,Muy entendiendo bajo con un coeficiente intelectual del 37 porciento y el necesita tomar un apprender correctivo inglesh para llanar el celebro.

    In English,Mr.Norberto Gonzales, has very low understanding with an IQ of 37 percent and he need to take and English Remedial learning to fill his brain.———Because until now, he can’t comprehend the will of the Filipino people which is plain and simple. Nobody likes them no more. No less and No bargain even E-VAT free. They are a rotten commodities.

  56. cocoy cocoy

    Ellen:
    CONDOLENCE

  57. parasabayan parasabayan

    my condolences Ellen…we will miss you!

  58. Sinong mas tarantado, Chi, iyong nagpapatronize ng kriminal o iyong mga taong bumoto sa isang taong ang kasalanan lamang ay subukang tanggalin ang mga kriminal? Gosh, ang simple-simple ng batas hindi mapairal sa ginawa ng kriminal na ngayon ay naghahanap ng absolution para sa mga pinaggagawa niyang krimen labang sa mga kababayan niya!

    Hoy, isa pang gunggongzales, tumalon ka na lang sa imburnal o sa isang mataas na building para mabawasan na ang mga kurakot sa Pilipinas! Gaguuuuunggonzales!!!

  59. Emilio_OFW Emilio_OFW

    My condolences, Ms. Ellen

  60. Diego K. Guerrero Diego K. Guerrero

    Ellen, my condolences. Peace!

  61. Elvira Sahara Elvira Sahara

    My condolence to you and your family, Ellen!

    Awang-awa sa mga sundalong ikulong nila na walang mga kasalanan! Kaya dapat na talagang makapagsimula si Trillanes! Marami siyang dapat iwasto sa pekeng administationg ito!

    Napanood ko yung TV patrol report kanina wherein he said to Koko Pimental na magdahan-dahan ng pagsasalita about cheating! Napikon siya na wala namang diretsang tinutukoy na kandidato si Koko! Iba na talaga ang GUILTY!

  62. Elvira Sahara Elvira Sahara

    RE: Awang-awa na ako sa mga sundalong ikinulong nila…..

  63. luzviminda luzviminda

    Condolence Ate Ellen.

  64. luzviminda luzviminda

    Malaki ang takot ni Norberto Gonzales sa grupo nila Trillanes at grupo nila Querubin dahil wlang takot ang mga ito para ipaglaban ang bayan sa mga kabulastugan nila. Lalo na ngayon na ipinakita ng taong bayan na sumusuporta sila sa mga bayaning sundalong ito. Nanginginig na ang kanilang mga tumbong sa sobrang takot!!!

  65. myrna myrna

    Our prayers are with you and your family Ellen. Be well.

  66. parasabayan parasabayan

    Heh,heh,heh Luz, sinabi mo pa! Itong mga sundalong nakakulong ay mga tigasin ika nga, mga palaban! Hindi lang itong si Gonzales ang dapat na matakot. Kahit nakakulong itong mga ito, maraming taong nagmamalasakit sa kanila. Ellen is one of them. Thank you Ellen. Just wait and see how they will flex their muscles one day. Laong lalo na, habang kinukulong ang mga ito, ang mga adhikain nila ay nagiging buong buo. Sa totoo lang mas nirerespeto pa sila ng mga young officers kesa sa dalawang hemorrhoid at and mga galamay nila!

  67. Sinabi mo pa, PSB. Takot na takot ang mga walanghiya I believe.

  68. zen2 zen2

    takot sila sa sundalong karapat-dapat ang Medal of Valor (nation’s highest military award)…

    hold on, Colonel.

    ======

    my condolences, Ellen.

  69. Sampot Sampot

    Ellen:

    Ingat and my condolence to ur family.

  70. invictus invictus

    PRE TRIAL ADVICE
    People of the Philippines versus MGEN RENATO P MIRANDA AFP, and 37 other AFP OFFICERS
    (Excerpts from the Pre-Trial Advise submitted by COL PEDRO G HERRERA-DAVILA, Staff Judge Advocate for CSAFP)

    14. CONCLUSION (page 167 of 171 pages)
    Premises considered, and by way of conclusion, we very respectfully opine that:

    a. The PTI Report submitted by the PTI Panel in this case should be disapproved, considering that it contains findings, considering that it contains findings, conclusions and recommendations that are inconsistent with the evidence.

    b. This case should be referred trial by a General Court-Martial of the 37 AFP Officers listed below [ 12 Officers from the Philippine Marines and 25 Officers from the Philippine Army] for the offenses indicated considering that the available evidence establishes a prima facie case against them.

    12 Respondent Officers from the Philippine Marines

    NAMES For violation of Articles of War
    1. MGEN RENATO P MIRANDA 67 & 96
    2. COL ARIEL O QUERUBIN 65, 67, 96 & 97
    3. COL ORLANDO E DE LEON 67 & 96
    4. COL JANUARIO G CARINGAL 67 & 96
    5. COL ARMANDO V BAÑEZ 67 & 96
    6. LTC MARTIN G VILLASAN 67 & 96
    7. LTC VALENTINE T HIZON 67 & 96
    8. CUSTODIO J PARCON 67 & 96
    9. LTC ROMULO L GUALDRAPA 67 & 96
    10.LTC ACHILLES S SEGUMALIAN 67, 96 & 97
    11.MAJ FRANCISCO DOMINGO R FERNANDEZ 67 & 96
    12.1LT BELINDA R FERRER 67 & 96

    25 Respondent Officers from the Philippine Army

    NAMES For violation of Articles of War
    1. BDEN DANILO D LIM 63, 65, 67, 96 & 97
    2. LTC NESTOR T FLORDELIZA 67 & 96
    3. LTC EDMUNDO MALABANJOT 67 & 96
    4. MAJ JASON LAUREANO Y AQUINO 67 & 96
    5. MAJ ORIEL L. PANGCOG 67 & 96
    6. MAJ JOSE LEOMAR M DOCTOLERO 67 & 96
    7. CPT JAMES C SABABAN 67 & 96
    8. CPT MONTANO B ALMODOVAR 67 & 96
    9. CPT JOEY T FONTIVEROS 67 & 96
    10.CPT RUBEN B GUINOLBAY 67 & 96
    11.CPT ISAGANI O CRISTE 67 & 96
    12.CPT WILLIAM F UPANO 67 & 96
    13.CPT DANTE D LANGKIT 67 & 96
    14.CPT GEORGE M MALONES 67 & 96
    15.CPT ALLAN C AURINO 67 & 96
    16.CPT FREDERICK M SALES 67 & 96
    17.1LT ERVIN C DIVINAGRACIA 67 & 96
    18.1LT JACON S CORDERO 67 & 96
    19.1LT HOMER A ESTOLAS 67 & 96
    20.1LT SANDRO U SERENO 67 & 96
    21.1LT JERALD L REYES 67 & 96
    22.1LT MARIO D BAUTISTA 67 & 96
    23.1LT MICHAEL L CUARTEROS 67 & 96
    24.1LT RITCHIEMEL S CABALLES 67 & 96
    25.1LT ANTONIO T TIMBAL 67 & 96

    c. The case only against Respondent LTC REYNALDO C OCSAN 0-8751 should be dropped and closed for insufficiency of the evidence. Insofar as he only is concerned, the evidence fails to establish a prima facie case against him for any/all of the military offenses imputed to him.
    d. To correctly and accurately state in all the Charge Sheets against the 37 Respondents to be indicted, insofar as the military offense defined in AW 67 (Mutiny or Sedition) is concerned, the phrase “attempted to begin or cause a mutiny” should be corrected to read as follows: “attempted to create or begin, excite, cause, or join a mutiny.

    RECOMMENDATIONS: Premises considered, recommended that:

    A. The PTIR will be disapproved. For the reasons stated above, the PTIR Report in this case will be disapproved.
    B. Charges against 37 Respondents will be referred for court-martial: Cases against the 36 AFP Officers listed below will be referred for trial by a General Court-Martial for all the offenses charged:

    12 Respondent Officers from the Philippine Marines

    NAMES For violation of Articles of War
    1. MGEN RENATO P MIRANDA 67 & 96
    2. COL ARIEL O QUERUBIN 65, 67, 96 & 97
    3. COL ORLANDO E DE LEON 67 & 96
    4. COL JANUARIO G CARINGAL 67 & 96
    5. COL ARMANDO V BAÑEZ 67 & 96
    6. LTC MARTIN G VILLASAN 67 & 96
    7. LTC VALENTINE T HIZON 67 & 96
    8. CUSTODIO J PARCON 67 & 96
    9. LTC ROMULO L GUALDRAPA 67 & 96
    10.LTC ACHILLES S SEGUMALIAN 67, 96 & 97
    11.MAJ FRANCISCO DOMINGO R FERNANDEZ 67 & 96
    12.1LT BELINDA R FERRER 67 & 96

    25 Respondent Officers from the Philippine Army

    NAMES For violation of Articles of War
    1. BDEN DANILO D LIM 63, 65, 67, 96 & 97
    2. LTC NESTOR T FLORDELIZA 67 & 96
    3. LTC EDMUNDO MALABANJOT 67 & 96
    4. MAJ JASON LAUREANO Y AQUINO 67 & 96
    5. MAJ ORIEL L. PANGCOG 67 & 96
    6. MAJ JOSE LEOMAR M DOCTOLERO 67 & 96
    7. CPT JAMES C SABABAN 67 & 96
    8. CPT MONTANO B ALMODOVAR 67 & 96
    9. CPT JOEY T FONTIVEROS 67 & 96
    10.CPT RUBEN B GUINOLBAY 67 & 96
    11.CPT ISAGANI O CRISTE 67 & 96
    12.CPT WILLIAM F UPANO 67 & 96
    13.CPT DANTE D LANGKIT 67 & 96
    14.CPT GEORGE M MALONES 67 & 96
    15.CPT ALLAN C AURINO 67 & 96
    16.CPT FREDERICK M SALES 67 & 96
    17.1LT ERVIN C DIVINAGRACIA 67 & 96
    18.1LT JACON S CORDERO 67 & 96
    19.1LT HOMER A ESTOLAS 67 & 96
    20.1LT SANDRO U SERENO 67 & 96
    21.1LT JERALD L REYES 67 & 96
    22.1LT MARIO D BAUTISTA 67 & 96
    23.1LT MICHAEL L CUARTEROS 67 & 96
    24.1LT RITCHIEMEL S CABALLES 67 & 96
    25.1LT ANTONIO T TIMBAL 67 & 96

    C. Case against 1 Respondent Officer to be dropped and closed: For insufficiency of the evidence and lack of a prima facie case, all charges against Respondent LTC REYNALDO C OCSAN 0-8751 only will be dropped and the case against him only be deemed dropped and closed.
    D. Necessary Corrections in the Charge Sheets will be made: To accurately state the military offense defined in AW 67 (Mutiny or Sedition), the phrase “attempted to begin or cause a mutiny” should be corrected to read as follows: “attempted to create or begin, excite, cause, or join a mutiny.

    RESPECTFULLY SUBMITTED: PEDRO G HERRERA-DAVILA
    COLONEL JAGS GSC
    Staff Judge Advocate for CSAFP

    Annotations:
    The above excerpts are faithful copies of the authentic document as encoded by the blogger based on an authenticated document signed by CPT NOEL R NERIZON JAGS. There are five officers included in the recommendation that are now free and are occupying sensitive positions in the AFP including MAJ ORIEL PANGCOG.

    Another blogger (military wife) earlier said she will be posting the last two pages of the PTA, but as of press time, these were not yet uploaded that I hope military wife will not feel bad that I have taken the liberty to immediately upload these files, so the public may know.

    For better understanding of the violations, below are the captions:

    AW 63 – Disrespect Toward the President, Vice President, Congress of the Philippines, or Secretary of National Defense

    AW 65- Assaulting or Wilfully Disobeying Superior Officer
    AW 67 – Mutiny or Sedition
    AW 96 – Conduct Unbecoming an Officer and a Gentleman
    AW 97 – General Article: Conduct prejudicial to good order and military discipline; Conduct of a nature to bring discredit upon the military service.

    Miss Ellen, You may ask military wife for a copy of this 171-page PTA.

    Invictus

  71. Thanks, Invictus. Kailangan ko ang mga pangalan ng mga kasama that you have provided above. We’ll start the sign campaign for these gallant soldiers who would not kowtow to a criminal this Sunday address to the Supreme Court of the Philippines.

    We’re all behind you. Mabuhay kayo!

  72. mami_noodles mami_noodles

    Hmm…following the definition of the different Articles of war, Esperon and Co. should also be indicted for violation of AW 96 (Conduct unbecoming of an Officer and a Gentleman) and 97 (Conduct of a nature to bring discredit upon the military service) for their role in the Hello Garci scandal…not to mention the crime of electoral sabotage and treason against the Filipino people for subverting their sovereign will…

  73. parasabayan parasabayan

    You are absolutely right Mami! Assperon and company actually consumated the cheating operations, whereas none of these incarcerated officers never marched on the streets. When Senga said none of them will march, no one did so where is the offense? But Assperon and company cheated and used the soldiers to cheat. All the soldiers who were used in the rigging of the elections are actually just waiting for the right time to spill the beans! These soldiers are just thinking of their families. Yes, this Assperon has a lot to answer for. I would be anxious to see what would become of him after he retires! Justice has its way of existence.

  74. I see BGen D Lim has been the one who’s been charged most ” BDEN DANILO D LIM 63, 65, 67, 96 & 97″ followed by Col A Querubin 65, 67, 96 & 97
    .
    Let’s simply base our opinion based on circumstances at the time, ok?

    AW 63 – Disrespect Toward the President, Vice President, Congress of the Philippines, or Secretary of National Defense: There could not have been disrespect for any of these useless creatures because Lim did not meet with any of these bogus guys on Feb 26 or 27 or we would have been treated with a slam, bang m’aam kind of media fiesta had disrespect for these creeps occured. Disrespect in the military is physical disrespect meaning it was done while they faced those creeps or there was no face to face meeting between Lim and those craps. Show me any item in media, with Gloria crying rape, that exposed a face off between Lim and those creeps.

    AW 65- Assaulting or Wilfully Disobeying Superior Officer: How could Lim have assaulted Gen Senga, then CSAFP with whom he had a meeting? He would have been denounced by Senga on the spot! Willfully disobeying a superior officer? Bullocks! Brig Gen Lim even asked to be confined to his quarters immediately after the personal meeting with Senga bogged down. At no time, did Senga denounce any of these crap violations on his person at the time; Senga, for all his idiocies was still a ‘respectable’ officer (geez, I know this shit and never expected him to be so callous, so cowardly, so shitty when stared down by Gloria and her attack military dog, Assperon) that’s why he could say something THAT DIDN’T HAPPEN. Unless of course, Lim punched and said, “YOU FUCKING SHITHEAD” to Asperon which I’m absolutely pôsitive he didn’t say (wish he did and punched Assperon’s kisser); all in all, I don’t believe violations of Articles of War (AW65) ever happened! Complete fabrication of charges.

    AW 67 – Mutiny or Sedition? Whoa! Big words but hollow!
    Let’s go back to the time when Lim was supposed to be committing mutiny. In the first place, Lim sought audience with Senga; I surmise he was accompanied by another officer; Senga received him and asked him to sit down. Senga was surrounded by a couple of officers and men. Senga asked Lim to sit down and to tell him what was on his mind. Lim informs Senga that there was restiveness in the ranks.

    For the sake of argument, let’s accept that Lim indeed picked Senga’s mind and eventually said to him, “Sir, if you withdraw support, we will be behind you!” Senga, must have been surprised by by gum, there was frigging NO MUTINY at all. In the first place, a mutiny has military violence for a backdrop, it is committed NOT by ONE, NOR TWO PERSONS. There’s got to be 3 PEOPLE at least with Lim in command right IN THE OFFICE OF SENGA THREATENING TO PHYSICALLY OVERRIDE SENGA’S COMMAND. Or I don’t believe THAT HAPPENED AT ALL.

    THESE CHARGES HAVE BEEN FABRICATED! I do believe that Senga froze in his pants when he realized that Esperon wouldn’t back him up. He sold Lim who trusted him by consulting him. There was no MUTINY by Lim, actual or attempted; physically impossible to do it. Evidences and private e-mailed reports by my friends in the AFP GHQ and PA confirmed that there was abosolutely no animosity between SENGA and LIM at that time so how the fuck, could there have been MUTINY? Right after the meeting, Lim was confined to his quarters so how the fuck could Lim commit or have committed mutiny.

    No matter how you look at their frigging circumstantial evidences, even if only based on media reports, putting those reports together, there’s no way MUTINY or sedition (the latter all the more advanced and violent form of military mutiny, veering towards coup d’état; now when you know how the AFP officers behave at that level towards each other when they are in the office of a superior, there’s no way you would believe that Lim could have been so stupid as to try to commit mutiny with only 1 realistic officer to back him up right there and then!

    Fucking creeps Senga, Asperon, Gloria and the DND shithead!

  75. Invictus,

    I don’t believe the crap charges. Asperon is depending on military law, turning it around, juggling with it, twisting it around his stubby dirty fingers to play for time. He has no goddamn intention of setting up an honourable court martial because he wants to give Gloria all the frigging time in the wrold, sort of to buy her time until such time that she could turn her frigging record around to her advantage.

    Asperon is playing officer/soldier to the hilt by charging these honourable officers with trumped up charges. He knows playing with them is his only guarantee to kill any restiveness in the military. We call that abuse of officer prerogative. Anywhere in the western world, he would have been sacked by a Committee of military-defence officials. Esperon is a shithead of the worst category!

    Asperon is dead set at protecting Gloria because by protecting her, he is protecting himself.

    Pity that most of the non-incarcerated officers are cowards!

  76. I met Esperon when he was deputy to Joey Calimlim; those two are of the same caliber – they would sell their honour (if they have any at all), their friedns in the military, steal, cheat and bring militics to the highest form of military art (instead of bringing the military to the highest form of honour) to serve themselves.

  77. Invictus,

    If it’s any consolation to you, your husband represents the honour and courage of the military.

    Shooting a gun at the enemy is not the only gauge of courage; saying no, enough is enough is the highest form of courage. Shooting with your gun while putting your life in the line of fire is honourable – these incarcerated officers have nothing to prove to their fellow officers who are not incarcerated in that regard; but these incarcerated officers have lots more: THEY HAVE NOT ONLY PHYSICAL COURAGE, THEY ALSO HAVE MORAL COURAGE – a combination only found in REAL BRAVE, TRUE HEROES; besided that combination, physical courage becomes very, very ordinary.

    Even my dog has the physical courage of a very hungry lion but that doesn’t mean my dog has moral courage. That’s what I liken many of the non-incarcerated officers to: TO A PHYSICALLY COURAGEOUS DOG, no way can I consider their act as courageous in the truest honourable military fashion.

  78. Ooops, sorry, meant,

    “Senga, for all his idiocies was still a ‘respectable’ officer (geez, I know this shit and never expected him to be so callous, so cowardly, so shitty when stared down by Gloria and her attack military dog, Assperon) at the time, that’s why he COULDN’T SAY SOMETHING THAT DIDN’T HAPPEN.”

    Unfortunately, this Mindanao veteran, the so-called fighting warrior, proved to be a coward, turned yellow when Esperon got to him! Damn shithead! He could have solved this problem when he was CSAFP, he had all the time in the world to decide on what was true and not true, to assemble a court martical if needed but he got shit scared of Esperon and Gloria put together – he pissed water when he was told in no uncertain terms that Lim and the rest MUST SERVE as an example to the rest of the military, and so decided to leave the fate of Lim, Querubin and everybody else to the damn pillock of an attack dog of Gloria’s, i.e., Esperon!

  79. Golly, may immunity ba ang mga sundalong kanin sa Pilipinas? Dito kasi wala on the premise that by law, the military is actually non-existent until the Constitution is revised and Japan can rearm again, thus, putting the country in a dilemma presently because while we hate war, there is the Chinese and North Korean threat and whether we like it or not, the time has come apparently for Japan to rearm, but when our soldiers here commit a crime, they are subject to the Criminal Code of Japan and not according to some military BS. Court martial comes in fact after police investigation and indictment submitted to the court. Dapat ganiyan sa Pilipinas para itong si Asperon et al can be subject to police investigation, etc. sans the meddling of the their Commander in Cheat.

    Meanwhile, the police should be free of military handlingand handlers to give them free hand in investigating these criminals in uniform. Dapat talaga ang police is not connected with the AFP but an independent agency cooperating with the court/justice department. Sinong bang bobo ang nagsama ng pulis sa AFP? Tutang ina talaga!

  80. invictus invictus

    Hi AdeBrux, ystakei et al,
    Thank you for all your words of encouragement. 🙂
    Have a nice long weekend. 🙂

  81. Point is as long as the Pandak is not removed, we see now that there is no end to the abuses, even defiance against the Supreme Court na binababoy ng mga idiots sa DOJ.

    Frankly, I find this unbelievable, but I am not about to give up and lose hope that with the growing voice of dissent, maybe, something can be achieved at last.

    For this reason, I think everybody who voted no to the TUta, which is actually NO TO GLORIA should keep the fire burning until this criminal is removed and sent to jail.

    With Gloria out, the now wrongfully incarcerated generals, et al, will surely be free!

  82. military wife military wife

    posted by invictus is the last page recommendation of PTA…contrary to the PTI, all officers was recommended for court martial . the statement “all charges against respondent LTC REYANALDO C OCSAN 0-8751 only will be dropped and case against him only will be deemed dropped and closed” is even underlined by the OJAGS col davila…

    but sometime in dec 2006 these following officers was then released according to col baccaro then na it was the recommendation of PTA…
    (marines)

    1. LTC MARTIN VILLASAN
    2. LTC VALENTINE HIZON
    3. LTC ROMULO GUALDRAPA
    4. LTC JANUARIO CARINGAL (please correct me if im wrong, not so sure if he is still inside the detention)
    (ranger)
    1. MAJ ORIEL PANGCOG
    2. CPT GEORGE MALONES
    3. 1LT JERALD REYES
    4. 1LT MARIO BAUTISTA
    5. 1LT MICHAEL CUARTEROS
    6. 1LT ANTONIO TIMBAL

    -please review sa recommendation ng PTA posted by invictus!!!

    by the way, it took them almost 6 months before they released the controvertial PTIR..before it was released esperon said that he based his decision sa PTIR…when the document was then given to us, he now said na he based his decision sa PTA…and release few officers mentioned above…after 4 hearings, gen yano gave in to the demand of our lawyers to supply us a copy of the PTA…now that we have it,LUMUTANG NA ANG inconsistency of our dear CSAFP GEN HEMOGENES ESPERON, ITS VERY CLEAR NA BINABOY NYA ANG BATAS MILITAR…

    and by the way i wanted to quote summary of the last hearing nung may22…one of the debate goes like this: the defense lawyers was pleading/demanding for a copy of PTA…sagot ng jago( voice of col loy) the PTA is confidential only to the chief of staff and the military lawyer, it may not be furnished….(tumawa nalang kami lahat, kasi naawa kami sa kanya eh, he was trembling kasi he knows na malalagot sya sa boss nya)…by the way PTA according to the court martial handbook should be (SHOULD not MAY BE) attached to the charge sheet… im not a lawyer peru it is very clear na me milagro na nangyayari under the pants of gen esperon ( well under it is his small balls na hawak ni GMA)..

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