This one I missed last Friday because I was assigned to be at the Erap trial at the Sandiganbayan.But here’s the report of Christine Avendaño of the Inquirer.
In the report I noticed that Gen. Yano ignored the appeal of defense lawyers to suspend because it was past lunchtime. This is grossly inconsiderate of the court martial panel. They don’t have the provision to provide lunch at the court room and yet they don’t want to call for a lunchbreak. Or maybe that’s the reason they didn’t want to call for a lunch break. No food, no lunchbreak. What miserable state we are in!
But one good thing, the momentum is high to insist on justice.
Lawyers of accused rebel soldiers walk out of hearing
CAMP CAPINPIN, Tanay Rizal, Philippines — Defiance reigned Friday at the resumption of the trial here for military officers accused of the February 2006 coup try, as their lawyers staged a walk out after the military court ignored their pleas for the suspension of the hearing and the military officers themselves refusing to take part in the proceedings in the absence of their lawyers.
For the first time after six hearings, the special general court martial held a six-hour hearing that ended without succeeding to arraign the 28 military officers charged with mutiny and four other serious offenses, which included former Marine commandant Major General Renato Miranda, former Scout Ranger chief Lieutenant General Danilo Lim and Marine Colonel Ariel Querubin.
The lawyers led by former Solicitor General Frank Chavez walked out of the court presided by Lieutenant General Alexander Yano at 12:40 pm after Yano ignored their repeated pleas to suspend the proceedings for various reasons.
The lawyers said the hearing cannot proceed because of questions they raised on the Pre-Trial Advice, a document they believed was used by Armed Forces Chief of Staff General Hermogenes Esperon Jr., in overturning the AFP’s Judge Advocate General’s Office decision to drop mutiny charges against the 28 military officers.
Chavez and the other lawyers questioned why Esperon did not affix his signature on the document to indicate whether he had approved or disapproved the recommendations there.
They asked the court to subpoena Esperon so that the latter could testify — something which the military prosecution panel objected to and which was upheld by the military court.
The lawyers also asked for a suspension of the hearing because four of the 28 accused were not present because they were confined in the hospital. It was lawyer Trixie Angeles who said that some of their clients have pending petitions before the Supreme Court that questioned the legality of the establishment of the military court and therefore the proceedings should be suspended in the meantime.
All these appeals though were ignored by the military court which ordered the military prosecution panel to proceed in asking the 24 present military officers whether they would “challenge” or not the members of military court — or in short, whether the members of the court were to their liking.
What drew the ire of the lawyers was when the military court ignored their pleas to suspend the hearing because it had stretched way past lunch time and that they and their clients needed to take lunch.
“Proceed with the challenges,” Yano told the military prosecution panel, prompting Chavez to stand up and say that he was walking out.
Other lawyers stood up and told the court they were walking out as prosecution lawyer Colonel Jose Feliciano Loy called out the names of the officers and asked whether they were challenging the membership of the court.
“Why are we continuing with a sham proceeding,” lawyer Antonio Espejo said, asking whether what the court was doing was tantamount to a “railroad” of the hearing.
In the end, only three of the 13 lawyers stayed behind, prompting Yano to order a military defense counsel for the 24 military officers.
Yano also ordered for a one-hour break so that the accused officers would be able to take their lunch.
When the hearing resumed, the 24 officers individually told the court they did not want to participate in the “peremptory challenge” where they were asked whether the members of the military court were to their liking.
It was the first time that Querubin, Miranda and Lim, as well as the others accused, spoke in court, six months after the court was convened by Esperon.
They said they were not waiving their right to challenge the members but they could not participate in the proceedings in the absence of their lawyers.
Miranda said because Esperon did not sign the PTA and thus, he did not know the nature of the charges against him, he could not participate in the proceedings.
“I did not say I’m waiving my right (to challenge the membership) but I lack the data to go on with this exercise,” he told the court.
Lim and Querubin said without their lawyer, they cannot participate in the proceedings.
Except for two officers whose right to challenge was deemed to have been waived because their lawyers were present in the hearing, the court said that they took note of the statements made by the officers.
Frankly speaking, Ellen, I don’t trust justice in the Philippines. I have seen much, much better justice in Japan where majority of the people do not even profess to have faith in God nor pretend to be holy like the Pidals claim they are for having this imaginary blood ties and otherwise with this and that Catholic saint. Nakakatayo ng balahibo!
Now, we see another kangaroo court trying these gallant men whose only crime is to defy the orders of a criminal calling herself “President of the Philippines.”
The Filipinos, who still abide by the rule of law, even the Commandments of God, should rise up against these many blunders in the name of the law and justice!
At least, with Senator Trillanes there now being a sensation, Filipinos will have better chances now of getting heard overseas to expose the present bogus government they have. I like what I read in fact in our newspapers over here regarding Trillanes in Japanese. I have clipped the ones published by Asahi Shimbun, Mainichi Shimbun and even Yomiuri Shimbun.
It is certain that the election of Sen. Trillanes will create an impact on the trial of the military officers involved in the attempted coup in February 2006. As I look at it, Sen. Trillanes is now its RALLYING POINT.
Tongue, please check e mail.
Chabeli, please check email.
gen yano may not be aware that his action is showing being a hidden hand of the coward AFP cheat-of-staff. he should resign his appointment as the head of the GCM trying the men of honor. moreover, IT IS BETTER for him to hang himself!
gen yano may not be aware BUT his action is showing a hidden hand of the coward AFP cheat-of-staff.
Yano really disappoints me – I thought he had balls.
Anyway, right of the lawyers to walk out of a kangaroo court.
Yuko, could you send me all those clippings? I’ll email you my address.
I will send the clippings, Ellen. The translation I will send as soon as I finish translating it. Medyo mabigat lang ang ulo ko ngayon for crying at my friend’s funeral, kind of said goodbye and a promise to meet again at “Jesus’ feet.” It was beautiful.
I will send the clippings, Ellen. The translation I will send as soon as I finish translating it. Medyo mabigat lang ang ulo ko ngayon for crying at my friend’s funeral, kind of said goodbye and a promise to meet again at “Jesus’ feet.” It was beautiful.
BTW, I plan to fast for Senator Pimentel and Koko. They need our prayers. Senator Pimentel re his operation, and Koko that he will remain in his 12th position that the magnanakaw at the palace by the murky river is still keen on stealing. We’ll see what God will do to confirm Koko Pimentel.
Yes, we should not forget Koko Pimentel.
Ellen,
Wala talagang “balls” si Gen Yano! Wala ngang anak yan!..hahaha!. Seriously, Gen Yano is taking his time to push through with the Court Martial. The slower the pace, the better for him. He does not want to take the risk. I am sure, he will have his last hearing as the President of the Special Court Martial this coming month of July. Why? Because he is one of the candidates to replace Gen Tolentino as the incoming Commanding General, Phil Army by August 22 (retirement date of Gen Tolentino). I predict there will be a new President of the Special Court Martial by September.
black knight,
any news about general alexander yano’s brother, cesar? where is he assigned now?
Ellen, this may be Yano’s initiation to EK, to indict these officers. A tall order to follow but any of these generals aspiring for a higher positon in tiyanak’s EK, have to have the “killer instinct” to make it to her circle. If one is righteous, he/she does not have a place in her trusted circle. So even the supposedly best of our officers like Yano has to follow the wishes of the meanest Cheat of Staff like Esperon to gain the confidence of this bogus president.
One of the root causes of the officers’ unrest was the massive election fraud in the South (the Garci tape) employing the soldiers for the cheating operations. Who were those implicated in this? Ebdame and Esperon! Where are these generals now? They are in positions of power! Need we say more?
HANG IN THERE BRAVE SOLDIERS! OUR PRAYERS ARE WITH YOU!