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Illegally imprisoned

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Last Friday, towards the end of the court martial hearing on the 28 officers accused of attempting a coup in February 2006, Atty. Alex Avisado, lawyer of Army Capt. Isagani Criste reminded the court that almost a year of trial, the accused have not yet been provided a copy of the pre-trial advice signed by AFP Chief of Staff Hermogenes Esperon.

Avisado said what they have is an unsigned copy of the PTA. Since it’s unsigned, it’s nothing. It’s merely a scrap of paper. There is no basis for charging and imprisoning the officers.

The officers, led by Maj. Gen. Renato Miranda and Brig. Gen. Danny Lim, have been in detention for almost two years for allegedly attempting to withdraw support from Gloria Arroyo in February 2006 following the “Hello Garci” expose that showed Arroyo conspiring with Comelec Commissioner Virgilio Garcillano to cheat in the 2004 elections.

Trial Judge Advocate Col. Feliciano Loy dismissed the issue as trivial. He argued that signing a PTA is a menial chore which is beneath AFP Chief of Staff Hermogenes Esperon. Aghast, Avisado said, “Menial for General Esperon to sign the PTA but it’s not menial for him to imprison these men (referring to the 28 accused officers)?

Atty. Homobono Adaza, counsel for Col. Ariel Querubin pointed out to Loy that “the rights of the accused is not trivial.” Atty. Frank Chavez, counsel for Maj. Gen. Renato Miranda and Maj. Jason Aquino, said, “The careers, liberties and lives of these people hang in the balance and you say it’s trivial?

After a few minutes of rummaging through their documents, Loy only produced a November 2006 memo from Esperon creating the Special General Court Martial and transmitting the Pre-Trial Investigation Report and the PTA. Loy said the memo is an “implied approval” of the documents.

Now, there’s a big problem with that because the PTIR and the PTA contradict each other. The PTIR said the accused did not commit mutiny. For some officers, the PTIR recommended referral to trial by court martial only on the charge of conduct unbecoming of an officer and gentlemen. For other officers, the recommendation was dismissal of all charges..

The PTA submitted to Esperon by Col. Pedro Davila, staff judge advocate for the AFP chief of staff, disapproved the recommendations of the PTIR. It recommended that charges be referred against 37 officers.

Atty. Trixie Angeles, lawyer for Capt. Ruben Guinolbay, said the prevailing constitutional requirement is that cases of conflicting recommendations, the presumption of innocence should always apply.

There is also the matter that the PTA recommended charges against 37 officers. Yet Esperon has dropped nine officers from the list of officers to be accused. One of them was Maj. Oriel Pangcog, the operations chief of the Scout Rangers.

Avisado said, the arbitrary dropping of the nine officers from the list of respondents raises a question on the charge of conspiracy. “Conspiracy is the act of one is the act of all,” he said.

Supposing Esperon comes up with a signed PTA now? Atty. Vicente Caoile, lawyer for Colonels Armando Bañez and Achilles Segumalian said,”That’s after a fact because what they gave us was unsigned.”

The position of the defense lawyers is: without the signature of Esperon, the PTA doesn’t exist. It is not an official document. If there’s no PTA, there’s no charge. If there is no charge, the 28 officers are illegally detained.

“That means, they should be released now, “ Angeles said.

Angeles further said, “Under the Human Security Act, if you are illegally detained, you are entitled to P500,000 per day for each day that you are illegally detained.”

The HSA took effect July 15, 2007. These officers would come out of this trial millionaires!

Angeles said, “We just have to determine who is responsible for that.” Could this be the reason why Esperon did not sign the PTA?

Photo captions:

1. Capt. Ruben Guinolbay,Capt. James Sababan, Atty. Vicente Verdadero, Atty. Frank Chavez,I still have tog et the name of this lawyer) Atty. Johnmuel Mendoza,Atty. Trixie Angeles, Capt.Montano Almodovar

2. Atty. Alex Avisado and another lawyer

3. Maj. Gen. Yogy Fojas, Lt. Col. Nestor Flordeliza, Capt. Isagani Criste saluting Fojas

Published inFeb '06MalayaMilitary

163 Comments

  1. pechanco pechanco

    Knowing how AFP under Malacanang operates, they can always come out with a copy of the document. Puwedeng palabasin na na-misplaced lang at matagal nang may pirma. Many cases are won and lost on mere technicality. If these accused soldiers finally triumph on technical reason, then let it be. Ang importante makalabas at makalaya na sila. Think about their sufferings and those of their families. Walang puso ang mga tanay na iyan! Esperon, tanay mo!

  2. tumblingdice tumblingdice

    Dahil wala pang natanggap si Avisado, wala pang “notice”. So may denial of due process, kahit na sabihing dati nang may pirma ang documento.

    Paanong sasagot ang acusado kung hindi alam ang paratang sa kanya? Kaya tama ang depensa ni Avisado, hindi siya avisado sa paratang laban sa cliente niya.

  3. Ellen,

    That occurred to me too that if the PTI thinggy was not signed, what the heck are they doing out there? If you remember that was also my comment in an earlier thread when I wrote that the court martial was a fake.

    Re Initial PTI: Can you imagine if your own investigators, your own prosecutors say, declare, recommend that there’s no evidence that a military crime or crimes were committed, why the heck should Esperon insist on trying them. DOESN’T MAKE SENSE…

    Esperon and Gloria have no legal basis to hold a court martial for the 28 officers for a so called coup d’état attempt or for mutiny!

    From my end, Gen Lim cannot be accused of mutiny when he talked to Gen Senga since he was alone with him (Senga himself said so) about the restiveness in the military, and this happened the day before Gloria declared her emergency rule. Lim is accused of mutiny or mutiny cannot be committed by only 1 person.

    The crime of mutiny may be levied if the act was committed by 3 or more people. If mutiny cannot be proven to have been committed by these officers, it makes it unlikely that they attemted a coup d’état.

  4. luzviminda luzviminda

    Since the Human Security Act is already in effect, then the lawyers of these soldiers can pursue their pending case in the Supreme Court because every day of illegal incarceration affects the physical and mental condition of a detainee, not to mention also the hardships of their families. And after file a case against Esperon and those guilty of illegal detention.

  5. luzviminda luzviminda

    Di ba tinatatakan ang mga dokumento pag tinanggap ng isang tao. The unsigned copy of the PTA for the detained officers should have marked ‘Received’ with the date indicated becomes a legal/official document because it is the one they are using in the trial. At ito ang ebidensiya nila na walang pirma ni Esperon ang dokumento and therefore just a piece of trash.

  6. Spy Spy

    luz,

    Since Mister esperon took control of the afp, all orders are given verbally. they ceased signing documents already thus avoiding accountability.

    commanders are becoming irresponsible. kawawa ang mga low ranking officers and soldiers following orders without basis lalo na pag nagkaroon ng kaso. iwas pusoy mga commanders.

  7. Spy Spy

    luz,

    Since Mister esperon took control of the afp, all orders are given verbally. they ceased signing documents already thus avoiding accountability.

    commanders are becoming irresponsible. kawawa ang mga low ranking officers and soldiers following orders without basis lalo na pag nagkaroon ng kaso. iwas pusoy ang mga commanders.

  8. Diego K. Guerrero Diego K. Guerrero

    The Assperon Kangaroo Court is a by-product of the so-called state secrets-‘election fraud and cover-up’. The gag order in the Hello Garci scam investigation meant to cover-up their dirty tracts. It’s apparent that ISAFP’s cover-up ops falls under so-called military secrets. Deceit, fraud, false charges and intimidation of witnesses are part of Mr. Esperon’s military secrets. This assperon-licking dog should be dropped at 30,000 feet without a parachute. Who cares?

  9. TonGuE-tWisTeD TonGuE-tWisTeD

    Wow! If Atty. Trixie’s argument holds true, then there will be 37 new multi-millionaires courtesy of the shameless bird-brain Esperon. The cuckoo in the eagle’s nest will make history for “rewarding” our Soldiers of the Truth, which as of this day is worth FORTY THREE MILLION FIVE HUNDRED THOUSAND PESOS EACH, and counting!

    Pag nagkataon, malaking blowout nila Invictus, Marine Wife, Military Wife, atbp. Yeah!

    Go for it!

  10. Ellen, Tongue, friends,

    I’m no lawyer, Chyt and atty here would be able to correct my assertions but to my mind if a prosecutor or whoever from the military institution has no official charges with which to accuse these 28 officers because there’s no official signed proof of those charges, they should be released.

    And I’m all for Invictus, Marine Wife, atbp slapping Esperon, the DND and Gloria back to back to a tune of 43 MILLION & 500 THOUSAND pesos for serious breach and violation of their constitutional rights, eg, unlawful incarceration, human rights abuse, mental and physical tortures on their families, etc., etc.

    Yeah! Slap Gloria and her herd of criminals 45 million times!

  11. tumblingdice tumblingdice

    Habeas corpus agad, para sa dalawang kadahilanan.

    1. Laya agad ang mga preso.
    2. Kung palayain, dahil illegal ang detention, yan na rin ang ebidensya sa civil case. Korte na mismo ang nagsabing illegal, so tapos ang boksing. Bayad agad.

    Painom kayo, virtually, please. Sagutin niyo ang one year of hosting sa blog ni Ellen. Ako lang ito ha, hindi si Ellen ang humihingi.

  12. Glad to hear that these few good men are now being represented by not some petty lawyers from some law school of some Catholic university that have produced the likes of Fatso, Pullido, et al. Kudos to this Atty. Avisado.

    I bet he knows how to defend his right to be a lawyer even when the criminal at the palace by the murky river attempts to influence the SC judges she and her husband have conveniently placed there to disbar him for making arguments that may prove fatal to her and her cohorts. Mabuhay ka Atty. Avisado! UP ka rin ba?

    If you are, Atty. Avisado, prove that not ALL UP graduates are as corrupt as Davide! The good ones at least still dominate over the bad!!!

  13. Anna,

    It is not the prosecutor who can release the accused, but the judge. The prosecutor is not obligated to recommend it, because his role is to prosecute and he has all right to insist on the court hearing to proceed versus the argument of the defense lawyer. Any mistake on his part, however, or non-compliance of criminal procedure in fact is dismissible by virtue of the court. At least, that is how it is in all civilized court around the world.

    But how can these men be freed with judges held by the neck by their Commander in Cheat, either out of fear of losing their jobs or their necks? Worse is when they are likewise people who can be bribed.

  14. Dito nga sa amin, even just one mistake as in the case of that Pakistani, who was charged with murder but was provided with wrong interpreters (he spoke Punjabi but was mistakenly provided with interpreters who spoke only Urdu during investigations), the case was dismissed, and the accused was released but since he had no entry permit, he was deported to Pakistan, where the family of his victim, a fellow Pakistani, sought their vengeance on him!

    The Philippines must have similar Law on Criminal Procedures that we have here because it was one of those laws the Americans imposed on the Japanese to follow after the defeat of Japan in WWII together with our pacifist Constitution that a lot of us are fighting hard not to be amended.

  15. Yuko,

    I was merely equating the OJAG to prosecutors as in civilian courts hence my label prosecutors; and since OJAG recommended the dropping of charges almost a year ago because there was no evidence of coup d’état attempt nor mutiny then they should be released… since effectively there are no charges, then they should just be released, no judges needed… no charges, shouldn’t even go up to the courts (whether military court or not)! (Esperon cannot substitute his person as a judge or replace the panel of the judges in the military court!)

  16. “The PTIR said the accused did not commit mutiny. ”

    Yup, withdrawal of support to a fake president is legal. It is not MUTINY!

    In fact, it should have been what the whole AFP soldiers sans Esperon and his fellow cheaters for the criminal squatting at the palace by the murky river have done themselves, and so should ALL Filipinos who say they love their country and can be pricked by silly remarks in some sitcom shows!!!

    BTW, I understand the Laguna de Bay, due to neglect and the factories, etc. encouraged to be built in the CALABARZON around it, is no longer as clean as it used to be but as murky and stinky as the Pasig river.

  17. Anna: Esperon cannot substitute his person as a judge or replace the panel of the judges in the military court!

    *****

    That is what I have been saying, too, Anna. Military or civilian, when it comes to court proceedings, the same laws and principles should have been applied and upheld, for the main objective is for justice to be served and prevail.

    The military cannot prevail in fact over civilian rule. At least, that is what it is over here because of our pacifist Constitution that in principle makes our military illegal! 😛

  18. Yuko,

    Of course! Military law is always subservient to the laws of the land as in Constitutional law.

  19. It should be, “makes OUR PRESENT military” illegal joining the troops for example in Iraq! Fortunately, the voice of the majority prevailed and the Japanese troops were prevented from taking part in any direct armed conflict or skirmishes with the Iraqis, resistance and otherwise, and the troops were withdrawn before Koizumi stepped down last year.

    Lesson from that—Time for the voice of the majority of Filipinos to be heard now! Time to kick out the criminal at the palace by the murky river, and let truth and justice prevail!

  20. Yuko,

    One thing I must tell you that while Japan believes that Japan’s military is anti-Constitutional per what you say, it is ironic that Japan has one of the largest militaries in the whole world, with one of the most effective war assets in terms of military hardware that it can deploy at any given moment as well as one of the highest counts in military troops in the region prepared to do battle at any time.

  21. Anyway, while it’s well and good for our 28 honourable officers to ask Gloria’s civilian courts to render judgement if ever they fell like bringing up this matter to the civilian courts, I don’t believe they will receive any justice from them, not while Gloria and her deadly senile DoJ chief is alive – best thing still is for our 28 officers to fight it out in the court of law they know best: in the military courts!

    They have better chances of knocking down the panel of military judges pound for pound (or valor for valor)!

  22. Sinabi mo pa, Anna, but what we see in the Philippines now is a corruption of Philippine laws with the criminal trying to make herself prevail with her EOs and AOs. It should be stopped. She should be stopped from ruling over likewise the other branches of the government.

    Frankly, it’s time the bureaucrats should be separated from these politicians, who should not be allowed to be higher than the people who have voted for them, or the bureaucrats who have gotten their positions not by political appointments but through passing civil service exams, and definitely not by cheating in those exams! 😛

    Baka maayos ang pamahalaan if the Filipinos have learned to insist on their rights to demand service from these politicians they vote, or from the bureaucrats who take those civil service exams likewise ready to be treated like true public servants, which they are and should be.

    Frankly, it was the reason why I did not want to be in public service.

  23. Anna: One thing I must tell you that while Japan believes that Japan’s military is anti-Constitutional per what you say, it is ironic that Japan has one of the largest militaries in the whole world,

    *****
    It’s for Japanese preservation, Anna, and nothing else. Otherwise, it must be for sale to the highest bidder! 😛 Sayang din iyong kuwarta!

    But you can bet your bottom dollar, Anna, that we, the civilian citizenry, are careful they do not go overboard. There are a lot of groups here in fact protesting against any attempt to militarize Japan and the production of anything radioactive and nuclear. Prominent among the protesters are the members of the Federation of Bar Associations of Japan.

  24. Isaac H Isaac H

    The Human Security Act took effect on 15 July 2007 and 86 days today. TonGue is right 43million pesos each ang bayad sa 28 sundalo ikinulong. Pero dahil walang retroactive effect ang batas kaya walang bayad ang pagkakulong before July 15. Sabihin ni Assperon ibalato na lang sa akin. Ito talaga ang mahirap sa ating gobierno hindi inisip kung paano tipirin ang pera para sa kailangan ng bayan. Akala nila ang pera ng bayan basura or sarili nila. Ito naman sa bagong impeachment gastos. Wala akong alam na presidente na may magfile ng impeachment every year para lang tumagal sa puwesto for another year. Ganoon na ba ang lahi ng Pinoy kagaya ni Pulido, Lozano, Esperon, Abalos, etc. etc. Hindi na makapaghanap buhay sa sariling kayod or pawis. Ito lang ang sabihin ko sa inyo, pagnamatay ng kayo ang puntod niyo sisipain pa ng tao. Mahirap na ang bansa gumagatong pa rin kayo sa kahirapan. Ginagawa na palabigasan ang bayan.

  25. First, I will not bet my bottom dollar Yuko because I believe that if you have another PM like Abe, at any given “kiliti” by a would-be bellicose nation, i.e., NoKOr, in the region, Japan’s self preservation would mean just that: self preservation doctrine! And in military terms, self preservation can easily be translated into going to war.

    And whether we like it or not, Japan’s “warriorrism” is inherent. Just look at what happened, Japan succumbed to Bush’s warmongering. Whether they were used for non-combat positions in Iraq is one thing but the mere fact that they went and joind the warmongering band wagon of Bush shows you that warring is as natural to the Japanese as eating sushi.

    Of course, we cannot fault the Japanese citizenry for having incredible self-control. I think it’s in their honour that they are not easily talked into war efforts, etc. And good on them. Let’s hope they last. (We’ll see if that will remain Japan’s position if and when crazy Bush gets it into his head to attack Iran! Remember Bush has promised to do something about Iran before his term expires, that’s why he’s been stepping up the drumbeat by saying, “All options are open concerning Iran!” What a jerk!)

    OK, we are straying from the topic, this is the last of my post on Japan in this thread here. I don’t think anybody is interested in Japan in this thread. So, sorry Ellen and folks!

  26. Ellen,

    I can’t believe that this pipitsugin trial advocate Loy could even say “the signing of the PTA IS trivial and worse, that it’s a MENIAL CHORE which is beneath Esperon?”

    What on earth has gotten into the head of this incompetent military legal jerk to even utter such preposterous remarks about military documents?

    Doesn’t he know that the PTA serves as a kind of military guideline and that all guidelines in true military fashion and tradtion are supposed to be legal? What is he trying to say? He has just confirmed that the court martial is nothing but a mockery of military laws.

    All orders, guidelines that concern the lives, the well-being of an officer and the troops should not be considered TRIVIA! NEVER! And if it is beneath Esperon (and I don’t understand why it should be beneath him) to sign that document, then he has NO BUSINESS shitting on the lives of these 28 officers! He has no business holding his position and by God, he has no right to wear those stars, absolutely no right.

    As for Loy, he should be kicked in the balls for even suggesting that the issue was trivia! NO SIGNED DOCUMENTS MEANS NO TRIAL! Gunggong!

  27. Talaga naman! What is Gloria doing and what is Esperon doing?

    They are destroying the military institution – just listen to that horrible gunggong na si Loy talking about important documents which are unsigned as trivia!

    Traditionally, all orders given by the military hierarchy are obeyed or followed because they are deemed legal. Imagine a document which is unsigned and therefore totally illegal being the basis of an important life and death action against these 28 officers and is considered trivia?

    magine, brazenly showing no respect for legalities so how can Esperon now demand of the troops to follow and obey blindly if they know that things are cooked in illegalities within the walls of their institution!

    Anong klaseng military institution yan? How can you even begin to trust the military today if that’s their mindset?

  28. chi chi

    # TonGuE-tWisTeD Says:

    October 10th, 2007 at 5:06 am

    Wow! If Atty. Trixie’s argument holds true, then there will be 37 new multi-millionaires courtesy of the shameless bird-brain Esperon. The cuckoo in the eagle’s nest will make history for “rewarding” our Soldiers of the Truth, which as of this day is worth FORTY THREE MILLION FIVE HUNDRED THOUSAND PESOS EACH, snd counting!

    Pag nagkataon, malaking blowout nila Invictus, Marine Wife, Military Wife, atbp. Yeah!

    Go for it!
    ****

    Yahahaha! Dali, dalian ang kaso!

    Mister Asspweron kapag nagkataon ay magkakamot na lang ng yagba sa katangahan!

  29. Additional info:

    Atty. Alex Avisado is also the lawyer of T/sgt Vidal Doble now. That’s why in the Sept. 7 court martial hearings that coincided with the Senate hearings on the Hello Garci scandal, his client, Army Capt. Isagani Criste, asked that he postpone his use of his right for peremptory challenge until his counsel is present. The court allowed him at first instance.

    In the Sept. 28 hearing,where he insisted his right for a counsel of his own choice despite insistence of the panel that he take the military lawyer, the panel warned that it would be considered that he waived his right of peremptory challenge.

    It was at this point that the condition of Maj.Gen. Miranda was raised and Brig Gen. Danny Lim stood up and said his piece about “some people playing God.”

    The panel was rattled, they granted Capt. Criste’s request. One of the very few times that the panel ruled, “granted.”

    Last Oct. 5, Atty. Avisado was present and Criste never got the chance to be compelled to exercise his peremptoty challenge because so many issues were raised including that of the unsigned PTA.

  30. chi chi

    Re: Trial Judge Advocate Col. Feliciano Loy, after a few minutes of rummaging through their documents, only produced a November 2006 memo from Esperon creating the Special General Court Martial and transmitting the Pre-Trial Investigation Report and the PTA. Loy said the memo is an “implied approval” of the documents.

    ***

    Another pea-brain SOB! If the only document Loy can produce is a memo, release the “men of honor” ora mismo! Kwin Korap Gloria and Mister Ass have no legal basis to detain them since day one. Puro tangengot ang mga tao ni Ass!

  31. Ellen,

    Hope Criste can still exercise his right to a peremptory challenge.

    I think the lawyers for the defence should target the non-basis of the charges and should attack that relentlessly.

    Btw, what did trial advocate MISTER Loy say Atty Avisado said, “Menial for General Esperon to sign the PTA but it’s not menial for him to imprison these men (referring to the 28 accused officers)?”

  32. ellen,

    next time, Gen Lim should stand up again and talk down the panel. it’s obvious they get rattled when Lim stands up and address them so he should use that tactic, not all the time but once in a while, using his commanding voice to take the panel to task… that will be fun!

  33. With regard to Iran, Anna, I guess, the Japanese will defy Bush more than they did in Iraq because Iran is the main supplier, I guess, of oil to Japan. Japanese businessmen will surely not like it, and the politicians will have to succumb to them, and our military being still for self-preservation even just in principle cannot move without the politicians who have to please the businessmen who contribute to their campaigns.

    The way I see it was Koizumi did not receive any opposition from the businessmen because of the earlier talk that with Hussein out and the Americans would be able to control the oil flow from there, Japan would get priority from Bush if Japan would cooperate with him then, but since it proved to be a failure, Koizumi could do nothing but to withdraw.

    Call them fanatics, Anna, but I doubt if our soldiers even with Koizumi telling them to get into action, would dare defy the Constitution. That was why Koizumi had to do his best to be more convincing by providing them with big life insurances and other fringe benefits, high salaries, etc. unlike the UN peacekeepers from the Philippines whose salaries are slashed by the crooks in the AFP even when they go overseas at the peril of their lives.

  34. Clarification:

    Not 37, just 28. Because for a variety of reasons, nine were dropped from the list. Some lobbied with Esperon and others in a position of influence. I know one, a young lieutenant, betrayed some of the more senior officers. One was also released by Esperon to create intrigues among the accused.

    So, there are only 28 of them.

    We should also be clear that the PTI (pre-trial investigation report) which cleared the accused of mutiny charges was signed by the Judge Advocate team who conducted the investigation headed by Col. Al Perreras.

    The PTA, which recommended that the ” PTIR will be disapproved” was signed only by Col. Pedro Davila, the staff judge advocate for the AFP chief of staff.

    There’s a space in the document for Approved/disapproved, CSAFP. That space is blank. No signature.

  35. chi chi

    Ellen,

    The panel must have high respect for Brig. Gen Danny Lim. Kundi e bakit sila na-rattle?

    Kaya siguro paranoid si Mister Ass, alam niya na matindi ang ‘boses’ ng mga ito kung talagang gagamitin.

  36. Anna asked: “Btw, what did trial advocate MISTER Loy say Atty Avisado said, “Menial for General Esperon to sign the PTA but it’s not menial for him to imprison these men (referring to the 28 accused officers)?”

    He did not reply.

    In fact the panel adjourned to discuss the issue. It would be interesting how they would resolve that in the next hearing, which has not yet been scheduled.

  37. Ellen,

    Because Esperon is the convening authority having received approval from the “commander in chief” to exercise AFP right to hold court martial, it is evident, but so evident that all documents leading to a trial by court martial should bear the signature of the signing authority.

    The office of the JAG merely RECOMMENDS but it is Esperon by virtue of his position as CSAFP (even if his is a questionable position), who APPROVES or DISAPPROVES.

    That’s why I was gobsmacked. The rest of the documents may imply or not imply tacit approval by CSAFP but the bottom line is unless the PTA is NOT OFFICIALLY APPROVED, there is no basis for JAG to continue with a trial – BUT NOT AT ALL.

    Military rules and regulations are clear cut. A section of the military that endorses something for approval to the higher up must be sure to obtain APPROVAL before acting ON ANYTHING …

    SIMPLE, military rules are simple! It’s like 1, 2, 3 or A B C… CHECK FACTS, RECOMMEND ACTION, APPROVE…there can be no such thing as implied approval – that’s a lot of bull coming from the panel.

    And since it’s too late to go back to the time when they started hauling off the 28 to the court, this trial must be completely stopped! THERE WAS NO APPROVAL SO THERE SHOULD HAVE BEEN NO TRIAL! Can’t go back – would be the height of military idiosyncracy to do that … can’t be done.

  38. Whatever, at least, now we know that there are good men now representing these soldiers.

    BTW, Ellen, I inadvertently deleted your email with the addy of the person to contact for the T-shirts for the few good men. Paki-email ulit so I can order. Baka makatulong for the livelihood of their loved ones, and fees for the good lawyers.

  39. luzviminda luzviminda

    “Loy said the memo is an “implied approval” of the documents.”
    —————

    Hahahaa! ‘Implied approval of the documents’! Tinatanggap ba sa korte yan?! Ang BOBO naman!

  40. Additional info:

    The charge of “Conduct unbecoming of an officer and gentleman”, the only charge that the PTI referred for court martial (mutiny was dismissed) has a prescription period of two years. Meaning if the accused are not arraigned within two years, the charge becomes moot and academic. That would be in February 2008.

    That’s the reason why the court martial panel wants to speed up the hearings.They want to hold it weekly, whole day.

    Defense lawyers said, “Not at the expense of justice for our clients!”

    The defense lawyers always remind the panel, who delayed the release of the PTI and the PTA? It took the court five months to release the PTI and the PTA, nine months. Imagine they insisted for the trial to proceed without giving the accused copies of the basis of the charges!

  41. My suspicion is that, Esperon was determined to punish the 28. He did not expect the Perreras panel to clear the accused officers of the crime of mutiny. Yet, he went on and announced the charges, thinking that the PTI, like the Mayuga report would be kept as “military secret” just like the Mayuga report.

    They did not expect the PTI to be leaked to media.

    I think the reason for the delay was, at that time, they have not yet written the PTA.

    So Esperon made the decision ahead of the recommendation. The PTA was written to suit Esperon’s order.

  42. Ellen,

    This approval or disapproval doctrine is very basic. In anything the military does within the institution, the ABC rule is basic even in procurement, let’s say of toilette paper (OK, J4 can do that himself, he on his own can purchase the toilette paper GHQ), so let’s say procurement of new cars and let’s say J-4 requests for new exec cars so asks tech committee to evaluate engines of cars being made by 3 offerors…(bit silly example but just to simplify and I will try to simplify the methodology to the maximum)

    A) Technical committee (J9) checks, evaluates the equipment and reports findings with proper recommendation to higher up to TDCS who will convene the board for or on behalf of VCSAFP

    B) J-staff studies tech committee findings against J4 request, then formalizes findings depending on whether they feel like acting on J4 request to buy cars, they can endorse or not endorse recommendation for the procurement to CSAFP for approval

    C) CSAFP approves or disapproves

    Meanwhile, NOTHING BUT NOTHING can be done anywhere at any level pertaining to the procurement until the CSAFP has acted on the endorsement. J4 cannot buy those cars until he’s got the recommendation back on his desk bearing approval signature from CSAFP. As simple as that!

    (Of course after that, J6 has to release the funds for the procurement, etc., etc.)

    What I’m saying here is it court martial should not have been trying these 28 officers for the simple reason that they had no authority to try, no approval, no trial – as simple as ABC…

  43. Ellen,

    Am absolutely positive that this was the case:

    “He did not expect the Perreras panel to clear the accused officers of the crime of mutiny. Yet, he went on and announced the charges, thinking that the PTI, like the Mayuga report would be kept as “military secret” just like the Mayuga report.”

    Anyway, Esperon has got a few months to go and normally he’s gone unless of course Gloria swapang extends his “tour of duty”…

    Meanwhile, sige labo labo na sa court martial na lang… Only Lim because he is BGen and since he’s the only one of the senior officers who can command (Miranda being on sick bay), Lim must throw a monkey wrench from time to time… He MUST NOT BE TIMID if only to rattle this court and gain time until Feb next year! Hah!

  44. And what I mean APPROVAL for trial is a legal basis for trial and since there is no signed document saying there is basis for the trial, how can they try? There are no charges!

    Gosh, we don’t have to be lawyers to understand the simplest and most basic of legal mechanisms pertaining to holding a court martial trial!

  45. Anna:”And I’m all for Invictus, Marine Wife, atbp slapping Esperon, the DND and Gloria back to back to a tune of 43 MILLION & 500 THOUSAND pesos for serious breach and violation of their constitutional rights, eg, unlawful incarceration, human rights abuse, mental and physical tortures on their families, etc., etc.”

    You are correct there.

    The defense lawyers said they will slap Esperon and his accessories a multi-million damage suit for “unjust and malicious persecution.”

  46. bayonic bayonic

    “Trial Judge Advocate Col. Feliciano Loy dismissed the issue as trivial. He argued that signing a PTA is a menial chore which is beneath AFP Chief of Staff Hermogenes Esperon.”

    sayang at hindi televised yang trial. o di kaya na mention sa isang primetime sitcom or political satire show.
    that’s a totally insensitive,callous and stupid remark which if watched on TV by patriotic Filipinos, Filipino-Americans, Filipino-fill-in-the-blanks would generate a howl of complaints,online petition,and critical blog discussions.

  47. Ellen,

    Re: “In fact the panel adjourned to discuss the issue. It would be interesting how they would resolve that in the next hearing, which has not yet been scheduled.”

    They will certainly present some kind of hocus pocus decision on that, of course, as ever, THEY WILL HAVE TO SEEK the approval of Esperon before they can haul a hocus pocus decision and I have a suspicion, they will find something in the military law (and jurisprudence) to throw at the defence lawyers… something to do with military secrets going back to WW2 (heh!) If that happens, dapat batukan na ni Lim si Loy!

  48. bayonic bayonic

    or baka naman Assperon is just covering his Ass.

  49. Bayonic,

    Sayang nga at hindi televised. But we’re dealing with the military here… That’s purely military prerogative and traditionally, court martials are not public of course defence lawyers can dig into jurisprudence:

    The TRIAL AT NUREMBERG which was filmed, etc., etc. for military records and if I were the defence lawyers they could advance a request for a televised or filmed trial because it would be good example, a kind of basis for future military trials (insisting on the filming can be only good for the AFP – utoin na nila yang panel para to gain time until February!)

  50. Anna:”If that happens, dapat batukan na ni Lim si Loy!”

    Let me tell you an amusing incident in one of the earlier hearings. Col. Loy has a penchant for making those callous, annoying, provocative remarks. I forgot what he said one time that provoked Col. Achilles Segumalian to react, “Putang Ina.” Malutong talaga na “Putang Ina.”

    Col. Loy complained and asked the court to cite Segumalian for contempt. Segumalian apologized to the court for uttering that word but reasoned out that he was talking with Col. Custodio Parcon about mahjong.

    The court accepted his explanation and told him not to do it again. Natawa na lang ang lahat.

  51. Heh Heh!

    Next time Loy utters something idiotic again, perhaps Col Querubin should yell the the offensive phrase this time but he should be quick on his feet… if Loy asks the court to cite Querubin for contempt, Querubin should say, somebody stepped on his foot so he yelled … hahahahah!

    Sige, mag-ungoy ungoy na sila anyway, puro unggoy naman kasi ang mga panel ni Esperon! Impossible to expect an unggoy to behave – usually, only way to get an unggoy to behave is to treat him like an unggoy that he really is.

  52. Anna: And whether we like it or not, Japan’s “warriorrism” is inherent. Just look at what happened, Japan succumbed to Bush’s warmongering.

    *****

    You think so? Bush was not the consideration in fact. It was the promised preference! Bush promised to give Japan preference in the distribution of oil supposedly the Americans would be able to control if Hussein was executed. As it turned out, the Iraqis were not as dumb as Bush must have thought them to be. But as far as Iran is concerned, I doubt if Bush could still trick Japan into his warmongering. Kaya nga natanggal si Abe e.

  53. Whatever, I’m glad to hear about these good lawyers for the few good men. Siguro naman hindi na maduduwag itong mga hindi maduwag ni Esperon. I say, “Mabuhay!”

  54. pechanco pechanco

    If there are few good men, there are few good lawyers.

  55. Come to think of it, bakit hindi nila binigyan ng citation for contempt iyong magkapatid, mag-ama at magtiyo when they shouted such expletive to Cayetano when he was still a Congressman at pinatulo ang laway ng mga pilipino sa sinasabing hawak niyang ebidensiya?

    Justice, in fact, should not be playing favorites!

  56. Off topic but I got this from a friend. I don’t know what good this will do in the Philippines, where there is hardly any rule of law at present.

    The Senate has approved on second reading a bill establishing a “freedom charter” meant to improve the job conditions and uplift the quality of life of the country’s more than 624,000 househelpers.

    Under the proposed Magna Carta for Household Helpers, authored by Sen. Loren Legarda, all domestic staff would be expressly guaranteed the right to just and humane working as well as living conditions, among other freedoms.

    Please check out Sen. legarda’s website:http://www.lorenlegarda.com.ph

  57. rose rose

    Can these 28 officers who were illegally imprisoned file a countersuit against GMA, et al (command responsibility)? Do they have to wait for a decision on their case, before they can file under the civil courts?

  58. Atty, Vic or anybody who is knowledgeable with law, please help me with this question from Rose.

  59. Mrivera Mrivera

    wala akong alam sa batas pero bilang isang mamamayang hindi lang sinaklaw kundi binaboy ang karapatan, puwede nila i-countersuit si esPWEron ng illegal detention sa pagkakakulong ng ganu’n kahabang panahon ng walang malinaw na kaso na sinuportahan lamang ng ewan evidence.

  60. Mrivera Mrivera

    “Trial Judge Advocate Col. Feliciano Loy dismissed the issue as trivial. He argued that signing a PTA is a menial chore which is beneath AFP Chief of Staff Hermogenes Esperon.”

    nakupo!

    halika nga dito col loy at makutusan ka! napakaliit na bagay upang pag-aksayahan ng amo mo na pirmahan pero hindi nagdalawang isip na ikulong ang mga opisyal na wala namang kaso ng ganyang katagal?

    mga utak pulgas kayo!

  61. atty36252 atty36252

    Like tumblingdice said, file a habeas corpus case, on the ground that there is no legal basis for the detention. If granted, the Court will say, release because there is no basis for the detention.That Court declaration serves as basis for the civil case. The habeas corpus will also declare the proceedings without basis.

    Some Court will have to declare the detention illegal, to be able to file a civil case. Habeas will also cut the proceedings, so you do not have to wait for the end of the military case. Kung maaari, file habeas with writ of prohibition. I think ginawa yan ni Gringo, arguing that he is a Senator, so dapat sa Sandiganbayan, not Pimentel’s RTC. Kaya lang talo, dahil hindi daw related to senatorial duties ang recruitment for a coup. Kailangan related to the office ang alleged offense for jurisdiction by the Sandiganbayan. Of course, naareglo na Gringo lahat.

  62. atty36252 atty36252

    The case cannot include Glo because of her immunity from suit. So usually, the highest official sued is the Executive Secretary, as the alter ego of the president.

  63. klingon klingon

    Ystakei,
    Atty. Avisado is from the Ateneo Law School, Atty. Angeles and Atty. Caoili are from UP.
    There are other things the detainees may file as a form of a counter-suit, such as administrative and criminal cases before the Ombudsman. Or, on a like plane, Esperon may be charged with conduct unbecoming an officer and a gentleman, but as atty36252 said, the President herself is immune from suit.

  64. klingon klingon

    Ellen,
    Remember also that if the PTI were followed, not all the Scout Rangers would be on trial, as most were exonerated. They were not even charged with conduct unbecoming and officer and a gentleman. Among these were Maj. Doctolero and Cpt. Guinolbay.

    Ystakei,
    Atty. Chavez and Atty. Adaza are also from UP.

  65. Yuko,

    Let’s be clear on hard facts re military as an institution:

    “Yup, withdrawal of support to a fake president is legal. It is not MUTINY!”

    In the military, there is no such thing as withdrawal of support to a president, to the commander in chief, to a field commander, to a commanding officer, platoon commander, etc., …

    Of course, I understand that you have qualified your statement by saying “fake president” but let’s assume for a moment that being “fake” is not the issue here, the bottom line is that in the military, THERE IS NO SUCH THING as withdrawal of support.

    When that happens, i.e., withdrawing of support, the act is equated with mutiny or MUTINY IS A CRIME in the military, no ifs, no buts (not even when their commander is very cruel, etc., the group of officers and troops who believe that they have cause to “witdraw support” must present their case to their proper superior and charge the erring commander before the military advocate office. That’s how it is in a proper military setting.

  66. As ever, the mutineers will have to win the day on an institution-wide level in order to try to avoid being charged with the crime but other than that, those who withdraw support, i.e., mutiny, to the officers I cited above are in the eyes of military law already guilty. That’s the hard fact about the military.

    To effect a so-called withdrawal of support, the group of military people who want to do that must first resign from the military. Of course, the charges of mutiny against those officers who believe they have the foundation to withdraw support to their commander in chief can be countered depending on whether threat of violence was used by the would be ‘mutineers’ or not.

  67. Yes, Klingon. Aside from Maj. Doctolero and Cpt. Guinolbay, I know that Capt. Erick Sales, Lt. Divinagracia, Lt. Jacon Cordero (the youngest detainee in Tanay, 28 years old), Lt. Estolas, Lt. Sereno and many more were also exonerated in the PTI.

    This Davila is really devious. Will do anything to please Esperon.

  68. In time of war, “withdrawal of support” from an ‘inapt” commander which is actually a mutiny, the second in command can relieve the commander of his post and assume command based on Articles of War but he had better be right as to why he does that because no matter what happens, the second in command will be facing a court martial to explain why he relieved his commander.

    In other words, “withdrawing support” from a commander, i.e., mutiny, insubordination, etc., is not as simple as turning one’s back and saying, “There, you’re cruel, I’m not going to obey you anymore.”

  69. That’s why I don’t like using this new invention of military term invented by Angie Reyes and company equating their mutiny to “withdrawal of support” because this term muddles up military chain of command issues.

    Continued usage of this non-existing military legal term is in fact not beneficial to the 28 officers incarcerated today.

  70. ateneo_blogger ateneo_blogger

    why dont the lawyers file charges against esperon? conduct unbecoming of an officer and gentleman, and conduct prejudicial to good order and military discipline for the following actions. First, depriving the accused of due process by jailing them without following the pertinent legal procedures. 2. for making statements prejudicial to the accused and the outcome of the court’s decision. we must remember that only a court martial can determine guilt. 3. for unduly pressuring the members of the panel to act at his whim 4. for jailing the accused without proper charges. the lawyers should look into this, and file a case against esperon in a court martial. with all the evidences, newspaper clippings, etc.this way, people will see that this evil man manipulates the system tlga to save his ass!

  71. Ateneo,

    Good thought but where will they file counter charges? As Ellen, atty and a few others here have said, walang pupuntahan because Gloria controls all the courts. But I agree, they should file a class action suit against Esperon.

    (How pathetic that our military institution has become!)

  72. ateneo_blogger ateneo_blogger

    maliban sa ombudsman, or sa civil courts, file one in a military court. it will have to go through the processes. the media will see where it goes. then let us see if gma will put esperon to trial. whatever the outcome, our people will see that justice is really selective. the soldiers will see that, too. may evidences and all that naman. if i were the lawyers, i’d prepare a draft case na and file it as soon as possible.. then, take it to JAGO for action and let the media see where it goes. and all the investigations be done too. then the soldiers will see who the sacred cows are, and they will know who to throw to the gallows should events unfold. the inaction on this highly publicized case-to-be agaisnt esperon will give our soldiers more reasons to believe that kaolokahan ang sistema.

  73. ateneo_blogger ateneo_blogger

    magandang headline or news item yan: ESPERON, kinasuhan sa court martial for violations of AW 96 and 97 dahil sa mga pahayag nito laban sa tanay 28! or something like that. believe me, its worth the hassle. if i were the lawyers, i’d work on this soon!

  74. Ateneo,

    Just for purposes of creating hype in media, certainly is a good modus operandi against Esperon.

    JAG can automatically reject any case brought by officers against Esperon or anyone of those members of the panel. He doesn’t even have to forward a copy of the complaint to Esperon.

    But of course, any counter action against this useless piece of crap is good enough action. Sige, after pangba-baboy na ang nangyayari sa military so, ok na.

  75. Mas mabuti, file charges against the panel… for ignorance of military law.

  76. Your argument, Anna, is OK if you have a military with leaders who abide by the law, and never will allow themselves to be controlled, dictated upon, used,etc. by the criminal whom they themselves have helped be in the position she is in now for money and glory, but since it is what it is now, and the rule of law is ignored, I say the few good men were justified to defy the orders of the Commander in Cheat, especially one that was reportedly meant to stop protesters and could lead to a massacre.

  77. Anna: (How pathetic that our military institution has become!)

    ******

    Apparently, it is no longer a normal military institution and therefore the few good men were justified “to withdraw” their support for the fake president as when they withdrew their support for then legally elected president, Joseph Estrada, who was incarcerated even before he could prove himself innocent of the charges filed against him by the power grabber. Ang gulo!

  78. ateneo_blogger ateneo_blogger

    the purpose is not to get justice. the purpsoe is to show the soldiers, the people and all those fence sitters that the system doesnt really work and everything is moro moro. pechanco, i have disowned mike arroyo already. the hell with that pig. well i guess lasalle should also disown ricky razon! kayo nga eh, lasalle produced razon! the man behind all these political noise… the puppet master.. the power behind the politicians…

  79. chi chi

    # rose Says:

    October 10th, 2007 at 11:15 am

    Can these 28 officers who were illegally imprisoned file a countersuit against GMA, et al (command responsibility)? Do they have to wait for a decision on their case, before they can file under the civil courts?

    # atty36252 Says:

    October 10th, 2007 at 6:34 pm

    The case cannot include Glo because of her immunity from suit. So usually, the highest official sued is the Executive Secretary, as the alter ego of the president.

    ***

    Atty,

    Can they file a suit against Kwin Korap when she’s no longer in office? Militar kasi ang kaso e kaya hindi I want to be clear about this case.

  80. pechanco pechanco

    Brod, between La Salle and Ateneo mas maraming tulisan ang Ateneo. Aminin mo na iyan. La Salle Brothers even behave better than those Jesuit perverts. Mag-Master ka na lang sa La Salle para patas. Ateneo’s image and reputation are all time low what with alumnus like Mike Arroyo and Nani Perez. Alam mo ba na may Ateneo Mafia sa DOJ?

  81. Etnad Etnad

    Bakit nga hindi na lang idemanda yang Esperon na yan kung mali-mali ang ginagawa. Idemanda lahat yong mga gumagawa ng kagaguhan sa mga mamamayan pati na yong mag-asawang Arroyo. Hindi yong puro ngak-ngak ng ngak-ngak. Tignan natin kung ano ang gagawin ng mga Huwes. Ilang beses na kasing muntik muntikan ng mabulilyaso ang mga gawain ng Glorya Inc. pero anong ginawa ng mga kunyari palaban na mga mambabatas wala. Pinapakawalan nila ang mga pagkakataon. Ang mga iba naman ay gumagawa ng apoy para umusok para lang pansinin sila ng Glorya Inc. para ma-ambunan sila ng kuwalta. Tama nga si Clinton … takot tayo kay Glorya.

  82. chi chi

    Anna,

    “…But I agree, they should file a class action suit against Esperon.”

    APPROVE! Ora mismo, sabi mo nga babuyan na. E di pagbigyan ang gusto nilang prosesong baboy, di ba?

    This discussion is very enlightening for me. thanks.

  83. chi chi

    Etnad,

    “Tama nga si Clinton … takot tayo kay Glorya.”

    Actually, ang sinabi ni Clinton should have posed a serious challenge to Kapinuyan. Ang nangyari ay hindi pinansin at iningusan lang. Weird ha?!

  84. Etnad Etnad

    Chi,
    Gaya nga ng nasabi ko puro iyak (ngak-ngak ng ngak-ngak) na lang ang mga nababasa at naririnig natin sa mga kunyari oposisyon daw(?)laban kay Glorya. Hindi naman sila gumagawa ng hakbang … humahakbang pa lang sila yong Glorya Inc. nandon na. Kaya walang chalenge talaga ….. Tama si Madam Miriam … pinag-aawayan lang nila ang kaban ng Bayan. Puro sarili lang nila ang ini-isip nila hindi para sa buong mamamayan. Kaya sana sa 2010 eleksiyon ay piliin natin yong nararapat … kung padalos dalos tayo ngayon e sinong papalit e di isang gago/gaga rin na gaya ni Glorya.

  85. Etnad Etnad

    Wala na palang kaban ng Bayan .. kaya kinukuha na lang ng Pamilyang Arroyo at ang mga bata nila yong kuwalta nila doon sa ipinapa-utang ng mga tsek-wa at bahala na lang ang mga taongbayan magbayad. Na kahit may kupitan na nangyayari ay ipinatuloy pa din at witness pa yang *&*& nang yan. Kapal talaga niya …. Papano ka naman hindi takot sa kanya e pinaligiran na niya ang sarili niya ng mga bayarang PMA Generals. Kahit may cancer na e inappoint pa …. Gina-gago na niya talaga ang ating Bansa ewan ko kung bakit nandiyan pa sa Malakanyang yan.

  86. rose rose

    If GMA can not be a party to a suit..how can the people of the Phil. make her accountable for all these? Do we have to wait for her to be out of office- 2010? She will do a
    Great Escape act..with all the money that they stole..and we will never see justice served..What I really would like to see is make her responsible for all these criminal acts..
    Frustrating..but one thought prevails..God is just and vengeance is His not ours.. Nakakalungkot but with prayers we will get justice for all.
    Re: alumni of Ateneo, De la Salle, Assumption who are part of this administration..I wonder if the presidents and teachers of these schools ask themselves..did we fail in teaching our students the Christian education? The Jesuit educators should once again review and renew their Ignatian Exercises and do their Examination of Conscience ala St. Ignatius of Loyola..

  87. The Election Code states that any one found violating its provisions can be disqualified. There is the suspicion of cheating, and all that is needed is for the Commmision on Election to conduct an investigation, and disqualify the cheat. But then, how can the COMELEC have the nerve to do what is right when the commissioners themselves are part and parcel of the deception and cheating?

    Kawawang bansa!

  88. Miriam, Etnad? Beneficiary din siya ng nakawan ng mga Pidal sa totoo lang!

  89. Diego K. Guerrero Diego K. Guerrero

    The 40 enlisted men allegedly involved in Feb. 25, 2006 power grab are detained in Camp Capinpin in Tanay, Rizal for 20 months without formal changes. They can also avail damages for illegal detention under Human Security Act and thus makes them instant millionaires. Thanks to stupid Assperon’s leadership.

  90. azcarraga_times azcarraga_times

    esperon is liable for the atrocities he has committed. he should at least be decent enough to resign. i cant wait for the day when those idly watching events unfold make a clear stand against this corrupt government, and do what they can to stop it from pursuing its evil ends! esperon, for all his blunders, deserves nothing but perpetual damnation. he doesnt deserve the respect of any officer in the afp. to earn him some saving grace, he could at least resign and leave this country for good!

  91. Elvira Sahara Elvira Sahara

    AZCARRAGA_TIMES:

    Esperon to resign ba kamo? You’re kidding, aren’t you? Baka mag-ala baboy na naman siya sa pagsasabing: “That’s not in my vocabulary!” Ang dapat talaga sa kanila , kasama si Kapal Glue… ay ilampaso sa imburnal!

  92. Azcarraga,

    Is it the same one as this report by Philstar?

    40 soldiers secretly detained in Tanay?
    By Jaime Laude
    Thursday, October 11, 2007

    “Forty Army soldiers accused of involvement in the failed Feb. 24, 2006 coup have been secretly detained in a military stockade in Tanay, Rizal without charges for more than a year now.

    “The discovery was made by Sen. Rodolfo Biazon, a retired Armed Forces chief, when he visited 28 detained military officers on Monday to check on the physical and health conditions of former Marine commandant Maj. Gen. Renato Miranda, who was reportedly seriously ill.

    “Army spokesman Lt. Col. Ernesto Torres said the 40 soldiers were detained upon recommendation of the Army inspector general, pending the filing of appropriate cases against them.

    “Majority of the soldiers were taken to Tanay on July 24 last year, while the rest were brought there on August 1 and in October last year, he added.

    “The soldiers, who belong to the Army Special Forces and Scout Rangers, were arrested and detained for alleged unauthorized movement to Manila on the eve of the 20th anniversary of the EDSA I People Power uprising.

    “A court martial is yet to be convened to try the detained soldiers as the Army Judge Advocate General’s Office (JAGO) is still studying whether to file administrative or criminal cases against the soldiers.”

    INCARCERATED FOR ONE YEAR WITHOUT EVEN A SEMBLANCE OF CHARGE?

    This is preposterous… incredible violation of human rights!

    Are we in a Western African republic here or what?

  93. Just re-posting the following by Spy from a previous thread to show you the security guard who received 4 stars for having stolen votes for her in 2004 (his only real “tactical operations achievement” during his entire military career!)

    Spy Says:

    October 9th, 2007 at 1:27 am

    Mrivera Says:

    October 8th, 2007 at 5:23 pm

    klingon,

    huwag mong kalilimutang scout ranger din si esPWEron. properly trained and have completed his course, authorized to wear the ranger’s badges and patches.

    —————————

    Mang Rivera,

    Mister Esperon is not a Scout Ranger graduate nor
    not even an Airborne qualified officer. He’s not also a Special Forces grad.

    He gained those patches as an HONORARY member. Hereunder is Mister Esperon’s military schooling: (courtesy of NETC, Phil Navy)

    PSYOPS SUB-COURSE – 1974
    PSYOPS OFFR COURSE – 1974
    INFANTRY OFFR BASIC COURSE – 1974
    HOME DEFENSE ORIENTATION COURSE – 1974
    VIP COURSE – 1976
    VIP SECURITY COURSE – 1976
    INTEL OFFICER BASIC COURSE – 1976
    MILITARY INTEL COLLECTION COURSE 1976
    SEM ON GOVERNMENT SECURITY – 1977
    INFANTRY OFFICER ADVANCE COURSE -1986
    PRE-COMD CRSE FOR BN COMDRS – 1990
    JOINT SERVICE COMD & STAFF CRSE – 1995
    SEM ON PRE-COMMAND FOR BDE COMDRS – 1998

    He has no special tactics/operations training.

    Blogger Army_ranger can confirm this.

    Nagpagaling galingan lang si Mister Esperon by flaunting those patches he doesn’t deserve to wear!

  94. Isaac H Isaac H

    Mr Assperon binoking ka ni AdeBrux. Wala ka talagang sinabi. Kung magyabang kayo huwag at huwag ninyo iparating dito sa Blog ni Ellen kasi ang Bloggers dito may sinasabi pagdating sa Research and Educational Background & Experiences. Simply lang huwag kayo magpakita ng galing as the saying goes ‘Silent Water Runs Deep’. Di lalo dumami ang nagmumura sa inyo kasama ang bosses mo. Kung si PEChanco pa tanay ka talaga. Ito hindi mo na mapigil palayain ang ikinulong mong sundalo (40), babayad ka sa illegal detention at kakasuhan ka pa. Valedictorian or Summa Cum Laude ka talaga pagdating sa kasamaan. Anong say mo? Elvira hindi pala u-ubra ang barang sa mga kaibigan natin, ha ha ha. Thank you.

  95. TonGuE-tWisTeD TonGuE-tWisTeD

    “Go tell it to the Marines!” I’m no longer sure what that meant. Was it positive or derogatory?

    This is one of the best comeback lines of all time. It is a portion of National Public Radio (NPR) interview between a female broadcaster and US
    Marine Corps General Reinwald who was about to sponsor Boy Scouts visiting his military installation.

    FEMALE INTERVIEWER: So, General Reinwald, what things are you going to teach these young boys when they visit your base?

    GENERAL REINWALD: We’re going to teach them climbing, canoeing, archery, and shooting.

    FEMALE INTERVIEWER: Shooting! That’s a bit irresponsible, isn’t it?

    GENERAL REINWALD: I don’t see why, they’ll be properly supervised on the rifle range.

    FEMALE INTERVIEWER: Don’t you admit that this is a terribly dangerous activity to be teaching children?

    GENERAL REINWALD: I don’t see how. We will be teaching them proper rifle discipline before they even touch a firearm.

    FEMALE INTERVIEWER: But you’re equipping them to become violent killers.

    GENERAL REINWALD: Well, ma’am, you’re equipped to be a prostitute, but you’re not one, are you?

    The radio went silent and the interview ended.

    Now, Pinoy soldiers, you’re equipped to protect the Filipino people, but you won’t, will you?

  96. chi chi

    Tongue,

    “Now, Pinoy soldiers, you’re equipped to protect the Filipino people, but you won’t, will you?”

    I’m already having migraines thinking why they’re so silent except those detained in Tanay and the Magdalos.

  97. chi chi

    After Senator Biazon discovered that 40 soldiers are in secret detention without charges for more than a year now, is he going to do something to demand their release? I hope he would. Baka naman hanggang discovery lang ‘yan!

  98. martina martina

    ADB, ilang weeks ba iyang mga courses na kinuha ni Mr Assperon? Madalas akong naka attend ng mga tatlong araw hanggang isang linggo na seminars ng gobyerno, ang certificate namin may word din na ‘Course on ….’.

  99. Biazon should charge ahead… He was once a chief of staff and I hope he can finally shame Esperon!

  100. Martina,

    I really don’t know. Normally for MNSA, it takes a year, that’s a masteral course, an academic pre-requisite for promotion to a senior level.

    But I don’t see it in Esperon’s academic credentials, so how did he obtain a star? Incredible! Did Gloria waylay all thesse pre-requisites?

  101. I mean I don’t know how long he spent on them and where. Baka sa ilalim lang ng palda ni Gloria iyan nag-aral.

    But hang on, Esperon calls himself the guardian of presidents! Whoa!

  102. we-will-never-learn we-will-never-learn

    chi:
    “I’m already having migraines thinking why they’re so silent except those detained in Tanay and the Magdalos.”

    My thinking is the same as yours but I’ve come to the conclusion that these soldiers have a yellow streak down their backs – they are cowards when it comes to their duty to defend the people.

  103. we-will-never-learn we-will-never-learn

    With this reported 40 soldiers illegally detained it seems they cannot even fight for their own freedom – pathetic.

  104. chi chi

    WWNL,

    Thanks, I’m sad and dismayed.

  105. TT:

    Thanks for that interview with Gen. Reinwald, who must be a weirdo. I am sharing it with members of our church who are Americans, and will wait for their reaction.

  106. blackdiamond blackdiamond

    Isa lang ang dahilan, meron isang mama na BOBO NA, GAGO PA. On all ocassions where he was interviewed by the press, walang kalaman laman ang mga pinagsasabi nya. Tingnan nyo na lang ha ang mga nangyari sa ating mga marines an nangamatay, sino ang sisihin dito e siya dahil sila ang gumagawa ng combat strategies. Wala kasi ginawa kundi election strategies. Bakante ngayon ang Chairmanship ng COMELEC, dun siya dapat ilagay.

  107. Mrivera Mrivera

    “Biazon should charge ahead… He was once a chief of staff and I hope he can finally shame Esperon!”

    anna, bato na ang mukha ni esPWEron, tatablan ng hiya?

    nakakasukang lahat pala ng dekorasyon sa uniporme ay PEKE?

    sigurado ako, pati ‘yung mga sinasabing medalya niyan sa combat kuno, wala ring katotohanan ang supporting write ups.

  108. pechanco pechanco

    Kung ako ang tatanungin niyo, hindi maaasahan ng husto si Biazon. He still has to get the permission of his commander at home for every thing he does. Last term na niya at walang mawawala sa kanya kaya dapat mas mabigat na hakbang ang gawin niya ngayon. Biazon is apparently playing safe for the future career of his son.

  109. Magno,

    Re “sigurado ako, pati ‘yung mga sinasabing medalya niyan sa combat kuno, wala ring katotohanan ang supporting write ups.”

    Oo nga! Saan kaya nangaling yong mga ‘pins’ niya? Coke bottle caps?

  110. Spy Spy

    Ellen, Mang Rvera, AdeBrux, all bloggers, and readers:

    Who is Mister Esperon?

    Mister Esperon graduated from the PMA in 1974. He joined the Philippine Army as a Platoon leader of Bravo Company, 23rd infantry battalion. After only five (5) months in the field, Esperon made his way out and underwent various “gentleman’s courses” like PsyOps Course, Officer Basic Course, Home Defense Orientation course in Fort Bonifacio; Contrary to the exaggerated self-projection of Mister Esperon, his exposure to the rigors of repeated and almost a routine affairs with dangers and the fear-inducing hostile situation was not enough to mold him the “basics”. It requires time, a reasonable length of time for one to get the best teacher there is – experience and exposure. The law of the farm candidly exemplifies this. There is required number of days to hatch the eggs! At the height of Muslim rebellion in the mid 1970’s, he was at the sideline of various schoolings and after which he was assigned to 36IB as company commander from April 1975 to June 1976 (months short of a two (2) year requirement as company commander.) Simple perusal gives us Mister Esperon’s total time in the field as junior officer to only one (1) yr and 7months! After his stint as company commander, he held office/desk jobs in various AFP units like NISA, investigation officer, Military police Battalion.

    For 17 years, Esperon stayed in air-conditioned office until he was given a battalion command in 1994. He had no COMBAT awards since 1974. Esperon was fraudly awarded a Gold Cross Medal in 1981 while he was the executive assistant of the NISA Director General. Such medal can only be awarded while displaying gallantry in battle NOT while working in an air-conditioned office!

    Undoubtedly, he mastered the art of timing as he ingratiate himself to get always the best and timely schoolings, juicy and relaxing positions so he could always use the “principle of visibility” with the top brass, a corrupted and abused self-serving maneuvers of the ambitious in the AFP; After his stint as battalion commander, Mister Esperon went back to desk assignments from 1994 to 2000; He served as 602 Brigade Commander in Sarangani province (where the area is generally peaceful) for a year and as 103 Brigade Commander in Basilan for six (6) months; He assumed as PSG Commander in January 2002.

    Total Number of years served in the field: four (4) years and eight (8) months ONLY.
    As junior officer – 1 yr and 7 months
    As Battalion Cmdr – 1 yr and 4 months
    As Bde Comdr – 1 yr and 9 months

    Army officers are required to serve at least five (5) consecutive years in combat after their commissionhip as junior officers and must hold positions of a platoon leader, company executive officer and company commander during their junior officer years.

    Esperon’s total stint in the field is way below standard of any Army officer!!

  111. Spy,

    No wonder he is afraid of the fighting man in the AFP – Esperon is really duwag!

    Amazing, pareho sila almost ng career ni Angie Reyes! Puro mga duwag!

  112. Pereho siya ng maraming Phil Navy officers who became commodores even without completing a sea badge so instead of being called sea dogs they go “meow, meow, meow” just like any sea cat!

  113. Kaya pala takot ang put¤¤¤¤¤¤¤¤¤¤nang Esperon sa 28 officers lalo na kay Lim at kay Miranda, Querubin et al!

    Put¤¤¤¤¤¤¤¤¤¤¤nang Esperon iyan at put¤¤¤¤¤¤¤¤¤nang Gloria iyan, binaboy na ng husto ang AFP!

  114. meksens meksens

    ADB:
    No wonder he is afraid of the fighting man in the AFP – Esperon is really duwag!

    Amazing, pareho sila almost ng career ni Angie Reyes! Puro mga duwag!
    ******
    These guys have overdeveloped sense of being inferior to other people. Mister Esperon’s actions manifest itself as shown by his aggressive social behavior especially against those who are mentally, intellectually and valiantly superior to him. Remember Adolf Hitler?
    Anyway, these guys are very very dangerous. They are not gonna stop at nothing just to get what they want and no matter whoever gets hurt(PGMA is no exception).
    So, PGMA, don’t say I didn’t warn you!

  115. chi chi

    Ala e, ito palang si Mister Asspweron ay meron inferiority complex.

    Meksens, agree ako sa ‘yo, he’s a dangerous inferior being of the lowest category.

    Spy, thanks sa bisto ke Mister Ass!

  116. Diego K. Guerrero Diego K. Guerrero

    Re: Esperon’s total stint in the field is way below standard of any Army officer

    Why? Baka bata ni dating pangulong Fidel Ramos. Both are from Asingan, Pangasinan.

  117. Esperon was with FVR’s PSG. I’m not sure if it was under Gen. Villareal, Gen. Leo Alvez or Gen. Calimlim.

    Under GMA, he was PSG chief.

  118. Kaya pala malakas kay Go Liar si Assperon. Baka kamag-anak pa ng nanay niya iyan, parehong Pangalatok! ‘Kinana nila!

  119. Esperon has almost always served as a bodyguard and not as a soldier in the field.

    Fellow has the least battle experience along with Angie Reyes.

    Reyes and Esperon became CSAFP because they are both duwag!

  120. Diego K. Guerrero Diego K. Guerrero

    Okinana, aso pala ni FVR. Mister Esperon demoted ka na.

  121. That’s why he cried unabashedly when Arroyo announced that she was not running for presidency in 2002. Akala nya totoo. Siguro isip niya, paano na lang ang aking ambisyon magiging CS.

    That’s why when Arroyo ran, he had no qualms about doing what he did that merited special mention by Garcillano in Hello Garci.

  122. Ellen,

    Esperon is like any dog. A dog when his master treats it well, will howl when it believes his master is going and gone. Esperon is like that. He will give his soul to Gloria because Gloria pats him on the head endlessly and throws T-bone steak to him all the time.

    Esperon is a dog, not a very brave dog, but is a loyal dog.

    My little doggie is very loyal too but at least she is very brave… Esperon cannot even compare to my dog. He is like his master, a nondescript little bastard dog!

  123. Golberg Golberg

    Yung Gold Cross medal, binibigay lang sa mga matatapang yun!
    Alam ko na kung bakit siya nabigyan nun. Na-liquidate niya lahat ng daga at ipis sa opisina niya. Hinarap niya ng buong tapang ang mga daga at ipis at nabigyan siya ng medalya. Umiwas sa mga combat duties kasi takot humarap sa mga taong armado ng kris o kaya ay M-16 at di sanay makarinig ng malalakas na putok ng baril o howitzers. Takot din masugatan kasi papaluin siya ng nanay niya.

  124. ellen,

    “That’s why he cried unabashedly when Arroyo announced that she was not running for presidency in 2002. ”

    And he was one of those who convinced Gloria to run again by swearing on his life that he would lie, steal and cheat for her in 2004!

    Same with General Narciso Abaya, who before he became chief of staff swore to his classmates that included Joey Syjuco that he would do everythig to help Gloria win in 2004!

    And when Gloria got informed that Abaya said that, she promised to make him chief of staff.

    Abaya, a former West Pointer is an utter despicable heel! He was the first one of Gloria’s chiefs of staff to run the AFP to the ground!

  125. chi chi

    Ellen Says:

    October 12th, 2007 at 7:56 am

    That’s why he cried unabashedly when Arroyo announced that she was not running for presidency in 2002. Akala nya totoo. Siguro isip niya, paano na lang ang aking ambisyon magiging CS.

    ***

    This explains why even if he’s asked by Gloria to eat her shit, he’ll gladly do it! Kung hindi sa ambisyon ni Gloria ay NADA rin s’ya! Okinana talaga si Mister Ass!

  126. From Atty. Trixie Angeles, lawyer for Capt. Ruben Guinolbay:

    “Let the court be convened instead of coming up with these dilatory tactics, its more than a year so lets go to trial and let the truth come out.”

    Dilatory? “Dilatory” is not a defense strategy, rather, it appears to be an AFP policy. Who was it, anyway who waited five months before serving charges on the Army Scout Rangers? Who waited four months to serve a copy of the pre-trial investigation report and another two months to show a pre-trial advice (PTA)? Who, to this date, has not signed the PTA? Who then caused the bungled service of charges? Who put in more junior officers to pass judgment on Gen. Miranda in contravention of Sec. 4 of the Manual on Courts Martial requiring senior officers to sit in the panel? Who continues to make prejudicial statements intended to taint the panel and anyone who sits there, thus necessitating the lawyers to challenge them to ensure a fair trial? Who continues to insist that the defense of the rights of the accused be thwarted at every turn?

    Even worse, who chose to wait for public outrage before he allowed Gen. Miranda to be hospitalized? Remember, sir, that human life, no matter whose it is, is not subject to your — or anyone’s– discretion.

    The Constitution guarantees rights of individuals against the massive power of the State. The defense of the freedom of expression and the right not to be detained without due process is never dilatory in nature. Because of the constitutional guarantee, we must take up their defense. If anyone is to blame, it is the person who violated those rights who has caused us to rise in their defense and necessitated proceedings to address them. That violator is the cause of your perceived delay, Gen. Esperon. And you know who that is.

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