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Chavez’ advice

After last Friday’s walkout of the officers and their lawyers at the court martial hearing (the first in military history) of those allegedly involved in the plan to withdraw support from Gloria Arroyo on Feb. 2006, I’m anxious to know what’s going to happen in today’s hearing.

Frank Chavez, counsel for Maj. Gen. Renato Miranda, the highest- ranking officer among the accused, and Maj. Jason Aquino, has filed a motion to suspend the proceedings until they are presented a copy of a pre-trial advice signed by AFP Chief of Staff Hermogenes Esperon. The PTA is the basis for the charges of mutiny and conduct unbecoming of an officer and gentleman against the 28 officers.

Judging from the decisions made by the court in past hearings, I’m willing to bet my much-devalued ten dollars that Chavez’ motion will again be denied.
Chavez wrote his clients and advised them not to participate in the hearing today as well as in future hearings.

His letter: “I write to you because the court martial hearing on November 9, 2007 merely confirmed what had been clear to us from the very beginning, that it cannot dispense justice. Our petitions lodged with the appellate courts have emphasized that the court martial was created and constituted by Mister Hermogenes Esperon, the very person who had already pronounced you and several of your brother officers guilty. He also retains the power to affirm or reverse the judgment against all of you. The court martial may find you innocent, but Esperon can still send you to jail or prolong your arbitrary detention. The very basis of its existence, therefore, ensures that the court martial will deny rather than uphold justice. It is destined to bend to the will of its creator, Mister Esperon.

“The proceedings of November 9, 2007 marked the turning-point for this anomalous situation because the court martial panel was unabashed in brooking no opposition. It would not listen to our legitimate protests. It obviously was implementing orders from Mister Esperon to put you on trial on the basis of an unsigned and an unapproved PTA. The panel was determined to railroad the proceedings by making a sweeping denial of the right to peremptory challenge that several other officers had not yet exercised. In short, the court martial had completely unmasked itself before us as an instrument of oppression.

“As a lawyer it is my duty to advise that you and the other officers would be well within your rights not only to challenge the jurisdiction of the court martial but likewise, by necessary implication, to refuse to participate in its sham proceedings altogether. Otherwise, if you allow injustice to befall upon you inside the session hall you will be bound to the cycle of assailing piece-meal each and every oppressive act of the panel and orchestrating walkouts every now and then. There will be no end to this process. If you continue to participate in the sham trials, then you would have accepted the power of the court martial to pronounce its verdict no matter how wrong. You would have surrendered yourselves to its jurisdiction and therefore to its oppression and illegality.

“You cannot allow yourselves to be played with like willing pawns in a scheme of persecution masquerading as prosecution. You must not permit yourselves to be used in order to lend a semblance of legality to proceedings that are totally devoid of legitimacy. And if Mister Esperon is attempting to rob you of your dignity as officers of the Armed Forces of the Philippines, let it be by his own hand and not with your own yielding cooperation.

“Hence, not only as a lawyer, but likewise as a citizen who shares the same cause (good governance, honesty in government service, justice and legal vindication of wrongs) with you, I suggest that you desist altogether from further participation in the court martial hearings until you are properly charged.”

Chavez’ advice reminds me of the boycott of the late Ninoy Aquino of his own court martial trial in 1973 when the country was under Marcos’ martial law. In a letter to his son, now Sen. Benigno “Noynoy” Aquino III, Ninoy said, “Son, my decision is an act of conscience. It is an act of protest against the structures of injustice that have been imposed upon our hapless countrymen. Futile and puny, as it will surely appear to many, it is my last act of defiance against tyranny and dictatorship.”

I asked Atty. Vicente Verdadero, counsel of Brig. Gen. Danny Lim, what is expected in today’s Camp Capinpin hearing. Verdadero replied blithely. “There will be dancing: pasadoble, rhumba, tango. There will be plenty of space for that.”

Published inFeb '06MediaMilitary

45 Comments

  1. TurningPoint TurningPoint

    Frank Chavez clearly emphasized to his clients why they should not participate in the hearing:

    The proceedings of November 9, 2007 marked the turning-point for this anomalous situation because the court martial panel was unabashed in brooking no opposition…

  2. parasabayan parasabayan

    May these brilliant lawyers be able to shield and protect these “men of honor” from the evil court of asspweron!

    It would be a amusing, to say the least, to see how the court wourd dance the tango, rhumba and pasadoble today to the out of tune music of asspweron’s band.

    Ellen, I wonder if our incarcerated officers will attend today’s court hearing. But if I were them, I would, only to witness the extravaganza! If asspweron thinks he is going forward with this sham kangaroo court, he must have his blinders on. What a creep of a PMAer he is! The PMAers must now have disowed this “Hitler”.

  3. parasabayan parasabayan

    What I am afraid of Ellen is the ability of asspweron to coerse the men in uniform to turn against each other. REmember the officers he freed? Maybe those same officers will be used to testify against these incarcerated officers. They probably are now one rank higher, better paid and upon culmination of this sham trial they would be another rank higher again. Boy, tiyanak and asspweron really have mastered the act of deception and corruption!

    Let us all pray for these “men of honor”, that a miracle will happen soon and their nightmare will soon be over!

  4. dandaw dandaw

    11/15/07
    Parasabayan,
    The only miracle I could think of is if anybody will do the same what they did to Akbar. But then it might be assperson and tiyanak who did it to Akbar. As you said “master of deception and corruption” This is Martial Law and Court Martial in action. I’m trembling after reading the letter of that brilliant attorney. Thanks for sharing it with us Ellen.

  5. If the Chavez’ motion will again be denied today then mr assperon will be digging even a bigger hole but he will eventually fall into his own hole. (I almost typed arse -smile)
    Maybe Chavez’ is playing mr assperon at his own game with assperon going around in ever decreasing circles until he disappears into his own hole.

  6. hKofw hKofw

    Wrongdoings of Esperon together with Gloria, and other government leaders, corrupt judges,tongressmen and other sipsips are really the cause of present tribulation in our country. May kulang sa kanila:

    -Morality
    -Courage
    -Honor
    -Wisdom
    -Kindness
    -Rightfullness
    -Justice
    -Class
    -Manner
    -Patience
    -Faith
    -Truth
    -Decency
    -Maturity
    -Goodness
    -Sensitivity

    These were caused by their being covetousness (“For the love of money is the root of all kinds of evil. – I Timothy 6:10 ).

    Thank you Ellen for continuing to expose the shenanigans of these evildoers. More power to you.

  7. dandaw dandaw

    11/16/07
    If Abu Sayaff did this bombing in the house of representathieves it might be that Gloria will ask Bush for more aids. After all she is fighting the Muslim terrorists. From the news this morning they found the hide outs of the Abus in Payatas. I think maisahan na naman kami ni pandak.

  8. Ellen,

    Do you have any update on the carving of Mindanao to provide for a homeland controlled by Muslims?

    What is the treaty all about? Is the treaty for an MILF homeland negotiated (and apparently approved already) by ex-Gen Rudy Garcia in Kuala Lumpur already a done deal?

    Thanks.

  9. Excellent advice Mr Chavez! Indeed, why participate in a bogus trial?

  10. Valdemar Valdemar

    The PTA is only a scrap of paper. With or without it the courtmartial must go on. What are they in power for?

    Off topic if you must bear.
    Who ordered the exhumation in Davao? And why? we know that. I saw on TV a late evening documentary about young poor waifs selling themselves on ships in Davao. Ask any seaman calling on that port how young the girls are. They know they can twist the story if the girl would go on autopsy. Surely they would find marks of earlier lacerations. That will swipe out the real issue of negligence on the part of the government. Poor people.

  11. Valdermar,

    Really, the exhumation of the poor girl’s body and the, persecution of the family by crazy Duterte is pushing the envelop of injustice and cruelty too far …

  12. invictus invictus

    Hi Ellen, Isang maalab at mainit na pagbati sa yo at sa mga kaibigan natin dito.
    Thank you for being there for us. We look forward to your blow-by-blow accounts. I am contacting my friend and mistah to inform the officers not to attend the hearing. But I cannot reach her anymore, so most probably she is inside the detention area already or on her way to the court room.
    We hope to hear from you later.

  13. invictus invictus

    Hi Ellen, Sana itext mo rin kami pala para alam namin kung ano ang nangyayari. Although, that is too much to ask. Masyadong magulo sigurado sa court room. Kahit kami na muna ang magpost sa blog mo. 🙂 Pero, I’ve learned that the officers are refusing to attend the hearing. I hope so.

  14. Good luck Invictus and to everyone!

  15. hawaiianguy hawaiianguy

    Off topic, sorry.

    AdB, “What is the treaty all about? Is the treaty for an MILF homeland negotiated…” A friend who is a member of the govt panel just emailed me a 1-page joint statement of what GRP (Govt of Rep of Phils) and MILF signed by Rodolfo C. Garcia (GRP Panel Chair) and Mohagher Iqbal (MILF Panel chair). It is not yet a treaty, but a “resolution of outstanding issues on the territory strand of the ancestral domain aspect.”

    No details are yet provided on this, but the “resolution” hinges on their settling how BIG is the area to be granted to the Bangsamoro as their “homeland.” Initially, it covers the 5-ARMM provinces Basilan (yes Akbar’s country), Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. But the MILF is asking for an expanded coverage, to include towns and villages in adjacent provinces where there are significant Muslim populations, like Lanao del Norte, Sultan Kudarat, and other provinces. It identified some 1000 places, but the govt is only willing to concede some 600 – hence the stalemate. Now, I think the govt compromised to include more places.

  16. “PANTIES FOR PEACE”

    “You can post, deliver, or fling your panties at the closest Burmese Embassy from today. Send early, Send Often! This is your chance to use your Panty Power to take away the power from the SPDC and support the people of Burma.”

    Women in several countries have begun sending their panties to Myanmar embassies in a culturally insulting gesture of protest against the recent brutal crackdown there, a campaign supporter said Friday.

    “It’s an extremely strong message in Burmese and in all Southeast Asian culture,” said Liz Hilton, who supports an activist group that launched the “Panties for Peace” drive earlier this week.

    The group, Lanna Action for Burma, says the country’s superstitious generals, especially junta leader Gen. Than Shwe, also believe that contact with women’s underwear saps them of power.

    Should we start a “UP for Esperon” movement?(“Used Panties for Mr.Esperon”)

  17. parasabayan parasabayan

    The Equalizer, how about used briefs of the soldiers?

  18. parasabayan parasabayan

    Baka pag used panties ng mga babae, ma “thrill” pa siya! But the used briefs of the soldiers, that would be brutal! Make sure these are the heavily soiled ones! May tae tae pa sana! Gross but these are “special” for the asspweron!

  19. Jon M Jon M

    Di ba sabi ni Ellen noong nakaraan si Estolas ay hindi nagamit ang kanyang peremptory challenge? Sabi ng lead prosecutor na si Loy na sa transcript daw ng hearing last week ay nagawa na raw ni Estolas! Wow ha!

  20. invictus invictus

    Yes. Lt. Estolas wasn’t able to use it yet. When I talked to Miss Ellen a few hours ago, she said they were insisting that he used already that right. The panel said there was just a mistake in the transcript and insisted that they were able to call all the officers. EVen if how many times should we challenge the members of the panel, we know that they cannot answer with an “All right, sir!” What a waste of time. There is no need to push through with this bogus trial. Esperon is doomed in less than three months, when he will bow out of the service (Feb. 9), so he is really raising hell to save himself and of course, his beloved GMA.
    Hope we could get the latest from Miss Ellen in a few hours.

  21. invictus,

    Ang ipinaglaban nyo sa ngayon ay mas may kabuluhan kaysa pakipagbakbakan sa Mindanao, dahil ito ay nakatuon mismo sa bulok na sistema.

    Pasensya kunn ‘di kami sumama sa Oakwood, dahil ‘di pa namin naiintindihan and lahat ng mga issues noon.

    Kung sakali ay mapagpasyahan niyo na muling umaklas, aasahan nyo ang aming malugod na pagtangkilik.

  22. GPS GPS

    I read that there were colorful and dramatic events that took place this afternoon in Tanay. I don’t want to jump the gun, so let’s wait for ellen’s report.

  23. Should ever there is a ”Used Panties for Mr.Esperon” as a message to mr assperon maybe there is a fear that he will wear them, and enjoy the experience.

  24. atty36252 atty36252

    Mayroon daw deed of sale. Notarized by whom? Pulido or Lozano?

    Mayroon daw warrant of arrest. Issued by whom? Judge Pimentel?

    In connection with which kidnapping was the warrant issued? Sino ang victim? Sino ang nakasaad na aarestuhin sa warrant of arrest? Walang warrant of arrest na issued to John Doe.

    Paano nalamang ASG ang mga napatay? Mayroon bang ID ang mga ASG?

  25. Valdemar Valdemar

    The blast is a brainchild of someone up there. He is using a lot of pawns thru cells of sleepers of varied interests, political affiliations and even faith. He can disavow anyone. Or sacrifice some. Salipudin may be just an unwitting victim but his innocent participation was to legitimize and facilitate the activities of a cell that happened to be some of his men. Every detail is scripted so picking up people to sacrifice and evidences to bring out swiftly once compromised or for scoops purposes or just to create flavor in the confusions.

  26. dear misster Hermogenes assperon, bilhan sana kita ng victoria secret bikini panty dito sa san francisco, california kaso nagaalanganin ako baka wala ng bibili kong malalaman ng mga kababaihan dito na gumagamit ka rin

  27. Mrivera Mrivera

    ano kaya at ang tangaru kort marsyal ni esPWEron ang taniman ng bomba?

    o, huwag kayong magulat. puwede ‘yan!

    ang gagamitin ay isang sakong tae!

  28. Mrivera Mrivera

    “Mayroon bang ID ang mga ASG?”

    meron!

    pirmado nina gloria, esPWEron, razon at berto gagonggonzales. kita n’yo identified kaagad. ganyan katindi ang paglutas sa mga kasong mabibigat.

    kawawa naman ang mga biktima. pati mga pamilya. walang kaalam alam na abu sayad pala sila!

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