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Compounding injustice

It’s a cruel irony that those who are asked to lay down their life in
order that we can have a just and humane society are being subjected
to continuing inhumanity and injustice.

That’s one of the dark legacies of recently retired Hermogenes Esperon
to the military establishment that the new AFP Chief Alexander Yano
would have to rectify to redeem the institution’s integrity and soul.

There are two cases that Yano should look into. One is the case of
Sgt. Francisco Bosi, who is detained in solitary confinement at the
ISAFP detention center in Camp Aguinaldo. The other is that of 1Lt.
Artemio Raymundo, who is detained at the Marine Brig in Fort
Bonifacio.

Last Dec. 13, 18 persons who joined Sen. Antonio Trillanes IV and
Brig. Gen. Danilo Lim at the Manila Peninsula after they walked out of
the hearing at the Makati Regional Trial Court, were released from
almost two- week detention in Camp Crame after the court dismissed
rebellion charges against them. Seventeen were fetched by their
relatives while one, Bosi, was fetched by a truckload of soldiers and
taken into the custody of the Armed Forces Provost Marshall.

Since then, Bosi has been in solitary confinement at the ISAFP
detention center in Camp Aguinaldo. No charges have been filed
against him in the military court nor in a civilian court.

Why is he then in detention, in a bartolina?

Knowing how the mindset of the military’s intelligence agents work,
Bosi’s solitary confinement is their “softening” strategy to make
him pin down Lim, Trillanes and the other Magdalo officers involved in
the Nov. 29 incident.

That’s torture which is prohibited by the Constitution. It’s inhuman
and condemned by international conventions.

The number one item in the Constitution’s Bill of Rights states that
“no person shall be deprived of life, liberty, or property without due
process of law.” The guarantee is for all Filipinos, including
members of the military.

A 1983 Supreme Court decision (Martin v. Ver) declared that “The
fundamental rights guaranteed in the Constitution apply to all
persons, including those subject to military law.”

Another deplorable case is that of 1Lt Artemio Raymundo who has been
deprived of his liberty for almost two years.

This is one case where, to cover up for their own violations of the
law, Raymundo’s superiors violated more laws. It’s perverse. It’s
criminal.

Raymundo’s case stemmed from his sharing with his colleagues in
September 2006 DVD copies of two documentaries:”At All Cost”, about
the 2004 electoral fraud, and “Ang Mabuhay para sa Masa”, former
President Estrada’s biopic which he got for free at the LRT station.

Those two documentaries were not allowed to be shown publicly by a
paranoid Movie and Television Ratings Classification Board but they
were never declared illegal or banned from private showing. Yet, Maj.
Danilo Luna ordered Raymundo, then the logistics officer and
officer-in-charge of the Marine Company, Field Artillery Batallion
detained for alleged violation of Articles War 64 “Disrespect toward
Superior Officer”. Later, two more charges were filed: Conduct
Unbecoming an Officer and
Gentleman (Art. 96) and Conduct Prejudicial to Good Order and Military
Discipline (Art. 97).

Then, they forgot about him. No investigation was conducted, no trial
was held. Until two months ago when Atty. Romel Bagares of the Roque
and Butuyan law office assisted Raymundo in asking for his immediate
release.

In his counter-affidavit, Raymundo pointed out, “I was confined under
the orders of someone who only holds the rank of Major. Under the
Manual for Courts-Martial of the Armed Forces of the Philippines, a
commanding officer who holds the rank of Major and
below can only impose as punishment on an officer a maximum of 15 days
of arrest in quarters, or deprivation of liberty for 30 days. He is
not authorized to impose hard labor without confinement, nor does he
have the authority to impose correctional custody.”

Raymundo also said, “”In fact, even if I were to be convicted under
any of the charges
against me under the Articles of War, none of the penalties or
punishments taken together will equal the punishment I have already
served and suffered, which is my year and a half (and counting)
detention at the Brig.”

Bagares reminded the Judge Advocate Office that A.W 71 states that an
officer who is responsible for unnecessary delay in investigating or
carrying the case to its final conclusion is himself open to trial by
court martial.

At the pre-trial investigation, Bagares said they were told that a
resolution on the case would be issued after the Holy Week. That
didn’t happen.

Last May 8, Raymundo was served an expanded charge sheet (counsel was
not furnished a copy) that contained six specifications for the first
two charges. Signed by capt. Christopher Ciubal, it kept on repeating
that the DVDs were banned “for its evident purpose of ousting
President Gloria Macapagal Arroyo from her seat.”

The premise is not only erroneous. It’s so ridiculous . It was
obvious that JAGS was trying to cover their illegal acts by violating
more laws at the expense of the life and career of another officer.

Gen. Yano should put a stop to this.

Published inMalayaMilitary

20 Comments

  1. bitchevil bitchevil

    This one is really making me sick…JDV’s only reason for not testifying in the Senate is his fear of GMA’s government’s collapse. For all the crimes GMA have committed, JDV still cares for her administration? What an excuse! The truth of the matter is, JDV was a partner of GMA’s many crimes. So, a thief is afraid of testifying another thief…

  2. Valdemar Valdemar

    Yano said somewhere he wont hesitate to send anyone to jail or something like that. Good. Thats the idea actually for every sane leader. After reading the Mayuga report, lets see what he can do with those culprits involved.

    As for the confounded cases of Bosi and Raymundo, well there is a kind of prosecutors in the military. They are not lawyers at all. Pitting brilliant counsels with those is a waste of time.

  3. Gloria Dorobo is full of shit as a matter of fact. Everywhere she goes, she always brags about how democratic her administration is or how democracy has triumphed in the Philippines since EDSA 1, but compared to the democratic process in Japan for instance, democracy in the Philippines is nothing but all palabra sin honor!

    Point is why is the bar associations there not protesting against this kind of injustice? Over here, police and military brutality can be ground for dismissal of any case brought to justice. But then, what can you expect of justice in the Philippines with the likes of Gloria Dorobo and SiRaulo Gunggonzales at the helm of the justice system in the Philippines.

    Kawawang bansa! Lahat ginagago na pero iilan-ilan pa rin ang may lakas ng loob na pumiyak!

  4. bitchevil bitchevil

    Unfortunately, Yano refuses to release the Mayuga report saying he wants to start his leadership clean. That means he wants all the shit be thrown into the toilet bowl. That kind of attitude doesn’t impress me either.

  5. pranning pranning

    26 May 2008

    Ms. Ellen a bit off-topic

    I just like to ask??? why is it that the hoods of the “LEPRECHAUN” is now asking that the senate investigation or whatever investigation on meralco be held via live coverage, while the other sensationalize hearing, they are against??? why??? why???

    Is it because they want to do a pogi point??? Is it because they are the ones requesting for the investigation, but if it is the leprechaun or any of the member of the hoods they are against it??? why??? why???

    prans

  6. Toney Cuevas Toney Cuevas

    Gen. Yano should put a stop to this? I hate to be the one to break this, “new AFP Chief Alexander Yano is no different from retired Hermogenes Esperon or else Yano won’t never have been recommended for the position. Whore Gloria is no dummy, knew exactly what she can expect from Yano. Yano will play along to whore Gloria’s game to remain the new AFP Chief. Things has not change only different players, doing evil things for whore Gloria, and Yano is no different. This is Philippines, whore Gloria’s playground. Might as well conceded that whore Gloria has won the battle, since the one million Pilipinos has given up.

  7. parasabayan parasabayan

    Toney, I agree with you, Yano is simply an extension of the ass. Even before he was appointed, he was already brainwashed and commanded to do what the evil bitch wants him to do. They call this the “chain of command”! While the evil bitch is in power, expect no justice for anyone. She will continue to pretend that the country is being ruled right. She will continue to have a tunnel vision. She will continue to be “kapalmuks”- makapagal, ops makapal ang mukha!

    When the classes start again, expect the rallies to resume. This time it will gain more momentum because of the worsening economic conditions.

  8. bitchevil bitchevil

    Yes, Yano is another dummy. GMA would not be that stupid to appoint someone who goes against her. Today, we could safely say that most if not all of the AFP hierarchy are a bunch of idiots!

  9. Valdemar Valdemar

    It is a fact that our soldiers are on the defensive always. Never outnumbered but the enemy is a witty bunch. Yet our PMAyers have gone to a better school while the enemy only graduated from the college of Hard Knox. The things is we still follow the orthodoxy. We have not tried sending convicts to the front like the French Foreign Legion. We keep a lot of soldier-hours very far from enemy fronts wasted only on kangaroo courts.

  10. parasabayan parasabayan

    Valdemar, instead of policing the enemy, asspweron and now Yano is concentrating on just guarding a few- the Tanay Boy and the like!

  11. parasabayan parasabayan

    I have to see to believe that Yano is different from the Ass. So far, on the Mayuga Report, he already got a failing grade from me. Will we be able to rely on him to correct the wrongs that the asspweron blundered on? I am watching him closely and for sure everyone else would be watching him as well!

  12. The wife of Gen. Miranda, Delia, underwent mastectomy last Saturday. She was found to have cancer of the breast.

    Today, Monday, Gen. Miranda was allowed to be with her. It would have been better if he was with her during the surgery but better late than never.

    Remember during Esperon’s time when Gen. Miranda collapsed in his detention quarters in Camp Capinpin in Tanay and he was not allowed to go to V Luna Hospital because Esperon said that coup plotters are not allowed to have executive check-up?

  13. Our prayers go to Mrs. Miranda. May she survive this ordeal soon.

  14. Have you seen Capt. Nick Faeldon’s video interview posted in YouTube a few weeks ago? Watch the four-part series and rekindle your patriotic hearts.

    On getting a pardon from Gloria:
    “I will not accept pardon from her, she doesn’t have a right to pardon. She doesn’t have the mandate”.

    On his short-lived military career:
    “When I entered the military service, hindi ko inisip yang career. If you are focused only on career, all things you do will only be for the next promotion”.

    On rumors he might run for Senator:
    “I will not run for any political position nor will I accept any appointment to a government position.”

    On how he thinks history will judge him:
    “I don’t know, I don’t even think about it. I will continue to fight for for my convictions even if die in the process”.

    What can we say? Mabuhay ka,Kapitan!

    View here: http://www.youtube.com/watch?v=sdVZ2dJcl2k&feature=related

  15. deadpan deadpan

    I’ve watched that earlier. Nabuhay ako. Go Captain Faeldon!

  16. Valdemar Valdemar

    parasabayan,
    I let you in a sacred secret of our soldiers and officers. They fear most getting beheaded. There will be another head on a platter as a gift to Gloria. Watch out for it, soon!

  17. PSB:

    I’m not giving Yano any chance. Any appointee of Gloria Dorobo to me is as guilty as she is. When a person works for a robber even if he doesn’t do the actual stealing but knows it and tolerates it, he is as legally responsible as the perpetrator of the crime. Tawag diyan “accomplice.” Yano is just one of them accomplices.

  18. Thanks, Tongue, for the Faeldon interview. Tama iyong sinasabi niya.

    Unfortunately, “sacrifice” is something Filipinos still hae to learn to do for the whole group. Dapat talaga tinuturuan na ang mga bata na mag-isip for the benifit of the whole community, not just one’s own self and one’s own family.

    Sa amin ang tawag diyan “wa”—pagkakaisa, isang diwa, isang adhikain, isang bansa!!!

  19. Diego K. Guerrero Diego K. Guerrero

    AFP chief General Yano=the same GMA loyal dog with different collar. He has to protect his military career by licking her bogus Commander-In- Chief’s ass 24/7. He has shown his true color based on his action. He fired enlisted soldiers allegedly involved in EDSA 2006 coup without due process.

  20. You speak the truth and the boogie woman gets you. You speak with passion about the injustice you see and the mighty hobbit slaps handcuffs on you and drags you out of sight and out of mind. PMA’ers are taught from day one to tell the truth. As an officer and a gentleman you must be truthful in all your dealings. But has anyone told the vertically challenged one about this? Because if she knows about it, she wouldn’t punish highly decorated military officers like Col. Querubin.

    Col. Querubin is an officer and a gentleman. A distinction that Esperon certainly isn’t entitled to since he along with his illegitimate boss disregarded the “truth” and placed a genuine, living HERO behind bars. What was Col. Querubin’s crime? He simply told the truth about his illegitimate boss and her illigitimate dealings.

    Now tell me, is that such a crime now? Telling the truth?

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