Last Monday, Trial Judge Advocate Col. Feliciano Loy told the court martial trying the 28 officers accused of mutiny in connection with the February 2006 alleged plan to withdraw support from Gloria Arroyo following the revelation of the “Hello Garci” tapes, that had AFP Chief of Staff Alexander Yano approved their recommendation, the accused would have been very happy.
That was unusual because as head of the prosecution panel, it’s Loy’s job to make life difficult for the accused. And he performed that job well in the almost three years of trying the case, which is now in the pre-trial stage. The minor cases of conduct unbecoming of an officer and gentleman and conduct prejudicial to good order and military discipline have been dropped after two years without arraignment of the accused.
But it turned out that beneath Loy’s belligerent demeanor is a desire to correct injustice brought on the officers who only did what they have sworn to do as a soldier.
At the resumption of the pre-trial hearing last Monday afternoon, lawyer Donald Diaz inquired from Loy what happened to talks about a nolle prosequi that was supposed to have in the works.
Nolle Prosequi (Latin for “do not pursue”), according to the manual for court martial, is a declaration of record by the prosecution to the effect that by direction of the appointing authority the prosecution withdraws a certain specification, or a certain specification and charge, and will not pursue the same further in the present trial.
As stressed by the court martial’s law member, Col. Marian Aleido, “nolle prosequi” is exclusively between the prosecution and the defense panels. It’s beyond the jurisdiction of the court.
At first Loy balked at reporting about his efforts for a “nolle prosequi” saying “Can we do that next hearing?”.Then he asked if could talk off-the record. The defense, however, insisted that it should be in open court and on- the- record so that all the accused could hear it for themselves.
Loy said “The prosecution panel prepared a lengthy communication to the convening authority (Yano). Had the convening authority approved the recommendation the accused would have been very happy because charges against almost half of the accused would be withdrawn.”
However, Loy said, “The recommendation was returned without action.”
Loy declined to reveal the names of the officers included in their recommendation. Sources said there were 16 names in the list.
Some members of the defense panel thanked Loy for the initiative for nolle prosequi and asked that since the prosecution does not have sufficient evidence against the 16 accused officers , could they file a motion in court to withdraw the charges against them.
Loy declined to discuss the nolle prosequi matter any further and insisted on proceeding with the marking of evidence and stipulation of facts.
Being military officers, the accused took stoically the information that Yano did not act on the recommendation that would have released them from almost three years of confinement. But there was no mistaking their deep disappointment.
Their careers have been stunted by the charges. Their lives have been turned upside down by the detention. Their families had looked forward with excitement for their release. The children were already planning trips to shopping malls with their fathers.
As one who had followed closely this particular case, I consider the prosecution’s recommendation to withdraw charges against “almost half” of the accused a major step in correcting the injustice to these officers.
Although I share the dismay of the accused, I still think that Yano’s non-action on the recommendation can still be taken in a positive light. He did not disapprove it. That is the more important thing.
Maybe there are factors that Yano still has to consider. Maybe there are still things that have to be ironed out.
A member of the prosecution panel said it had something to do with the statement issued by Maj. Gen. Renato Miranda, the highest ranking officer among the accused, issued last Oct. 9 where he assailed their continuing detention despite the findings in the pre-trial investigation that no mutiny happened in February 2006.
Miranda laid the blame on former AFP Chief of Staff Hermogenes Esperon which he said, is “surprisingly continued by an AFP leadership that appears to be not much different from the previous one.”
Maybe Yano is looking for the right timing.
Right timing? Kailan pa, kung wala na si Gloria at ng wala rin siyang babayarang utang? Bawat minuto na nakakulong ng walang katuturan ang Tanay boys ay bawas sa kanilang buhay na kanila sanang mas nais na gustong ibigay sa mahal na bayan kesa sa pagdusahan sa loob ng kulungan dahil lang sa kapritso ng pekeng kumander-in-cheat.
Sori Ellen, pero sa tagal ng hepe kuno ni Yano ay wala pa akong nakitang pagbabago sa lagay ng kaso nina Gen. Mirands. I’m maintaining my view that as long as Gloria is the kumander kuno of AFP, all appointed chiefs of her kapekehan are beholden to her. Yano is no exception!
Si Yano, pa yano-yano lang yan hanggang magretiro rin sya. He’s not the one calling the shots at AFP. It’s still GloriaAsspweron.
Mabuhay ang Tanay boys!
chi,
di pa ubra ngayon yung nolle prosequi na-noli me tengere pala ni Miranda yung ego. Kelan kaya ang laya, paano pag ang presidente na ay si Kabayang Noli?
AFP Chief General Yano is a very indecisive individual. If you ask him a question and tells him to do something, he usually says “Ya” or “No”.
Malapit nang mag-retire si Yano. I doubt if he is brave enough to stand for these Tanay Boys. If he is, matagal na sanang nakalabas ang mga ito.
Ellen. I hope it will be a White Christmas for the kids of the incarcerated. Cordero’s son was just a baby when his dad was incarcerated. Ngayon he will probably be in prep na. Jason Aquino’s daughter was made in Tanay. Ngayon siguro tumatakbo na! The years these kids missed to be with their dads I hope will not affect their lives in the future.
There is just one message in the Tanay boys’ incarceration, DO THE RIGHT THING and STAND UP FOR THE TRUTH and be JAILED! KILL, LIE and STEAL and you will find a TOP positon in this government! HOW PATHETIC INDEED!
Tongue,
Talaga, na noli me tangere lang ang ego niyan. Mas naniniwala pa ako na palalayain sila ni Kabayad.
Wala sa hinagap ko na may balls si Yano. And even if he had, hawak rin ni Gloria yun! Naiinis ako talaga!!!
hindi naman kaya naghihintay si yano ng suhol kung magkano ibibigay sa kanya ni assperon at gloria, para ipagpatuloy ang ganid na krusada ni gloria? 🙂
o baka nga naman pinag-iisipan pa ng pagkalalim-lalim kung ano ang maaring ibigay na mga dahilan para ma-disapprove ang recommendation ni loy?
nagtatanong lang po! sa mga panahon na ito ng mga pangyayari sa pilipinas, hindi maiwasan na maging cynical na ang mga tao sa bawat kilos nila.
Leaders are decision makers. They decide either yes or no then approve or disapprove their decisions and later turn around if its a hoopla. It all began with the cavemen. Either the headman chooses another guy or whump the woman.
But Val, the problem with Yano is that his answer is neither Ya or No.
a simple case of double standard of justice…pag di ka kakampi kawawa ka kalabn mo ang malacanang mafia at arroyo corrupt-poration.
nagtataka lamang ako kung bakit patuloy na umiiral ang sistemang ito sa afp, kung saan ang afp hierarchy ay sunud-sunuran at nagbubulag-bulagan sa mga isyu ng bansa.
yano should act as a leader and proved to the junior officers and enlisted personnel his fairness and wisdom..they insisting that our afp is united and faithful to the constitution? but many are now losing hopes because of injustices, padrino system and loyalty exchange program ni gloria.
FILL IN THE GAPS
Why can we not have the soldiers among us in prison today released? Because there is not enough force to bring about their release.
Why is there not enough force? Because many of us Filipinos are not affected by the situation of soldiers among us resisting the GMA government.
Why do many of us are not affected? Because many of us have a different aspiration in life alien to that of soldiers among us resisting the GMA government.
Why do many of us have a different aspiration in life alien to that of the soldiers resisting the GMA government? Because many of us have for aspiration the welfare of ourselves or that of our family ONLY, while those of the soldiers among us have for aspiration, ourselves, our family INCLUDING that of the whole nation of us Filipinos.
How can many us realize an aspiration which includes that of the whole nation of us Filipinos? When many of us would FEEL that the WHOLE NATION OF FILIPINOS is much a part of us, as we are much a part of the WHOLE NATION OF FILIPINOS.
How can we have that feeling of having the whole nation of Filipinos as much a part of us, as we are much a part of the whole nation of Filipinos? By sharing the experiences of the fathers of our national conception, our independence movement, our birth of our nation, our struggles to remain a sovereign nation and our resistance movement such as Bonifacio, Ricarte, Antonio Luna, Alejandrino, Bugallon, Lucban, Sacay and many of our heroes.
How can we share the experiences of the fathers of our nation? By following their footsteps whenever we encounter the same situation AFTER we have read their biographies.
How do we know that their footsteps were on the right steps? By reading the history of nations admired for their high in economic index, progress, health status of their people such as France, Finland, Japan, Israel and Vietnam and learn how they responded to similar situation and struggle in the development of their nation.
Only then can we realize that: our nation today is pathologic; we are still under American rule in a more subtle way today than in the 1900s; we have been penetrated by the Chinese; GMA is indeed a puppet government of the Americans and the Chinese controlling our nation; the only normal reaction is to resist foreign invaders and their puppet government; the real role of the Filipino soldiers among us is to defend our nation against foreign invaders; that the Filipino soldiers among us, having resisted GMA were just doing their duty—a legitimate act.
Only then can many of us Filipinos can have a greater force to have the Filipino soldiers among us now in prison released.
Jose Miguel,
Even our foremost ‘Filipino’ Jose Rizal would have migrated if he was not shot here. He had no love even for our local girls. Those soldiers? They are only waiting for their green cards. Try to look at the records at GHQ. They are queuing up to get away from our messy hell. Those who are left behind dont make it past through the visa windows. Only wondering what would become of the big cross at Mt Samat built for the WWII soldiers when they have all left and shed their allegiance for a tresonous one.
In this incident, Gen. Yano’s leadership is wanting. Nag-aalangan siya kay esperon at gloria. For a soldier and a general at that, he does not have the guts to make the right decision. He is still waiting for gloria’s and esperon’s nod. Kawawa ang mga sundalo na nakikipag-laban sa Mindanao with the kind of leadership of yano. That is why the war in Mindanao is becoming realy expensive to the point of straining the finances of the AFP as reported. Yano can’t make simple decisions. And he claims he is working for the degrading of the capability of the MILF. Mukhang ang capability ng AFP ang nade-degrade. Palayain na sina BGen. Lim, Miranda, Querubin, Trillanes etal!
loy should resign, if he really believed in what he recommended. yano may be in a state of inequilibrium in such a way that a little push will put him in a stable state, which is exactly what a loy resignation can make. this is a small sacrifice if loy is really upright. what he says now is blame the boss which is what most of us do anyway.
it’s the same case as with my friend in the office of the city engineer of Manila, engineer armando andres. for 5 long years NO ACTION . Deadma is slang terms. He is covering up for a wrong. I dont know how long can he wrong a right . I thought ” the law applies to all otherwise none to all “. DI PALA !
My friend thought all along that these people like engr Agnes pangilinan and OBO from city hall of manila will be more ” straight ” and follow the Mayor marching order ” Follow the Law “. Di pala totoo. Sayang !
I watcher, your comments were spammed. That’s why it was not appearing in the post. I’m sorry about that. It’s not my doing.
Anyway, I’ve de-spammed them. I hope Akismet learns later that your comments are not spam.
Your comments are not the only one being victimized by spam. It also happens to Kabute.
“Malapit nang mag-retire si Yano.”
…Hmmm, and who is in line to replace him? Gen. Bangit perhaps of the PSG again?
Yano exposed himself that he is not his own man. He is a COS by title only and Assperon is still calling the shots. He has no balls. Ipinatago niya kasi kay Assperon at ayaw pang ibalik sa kaniya.
right timing? kailan pa? pagputi ng uwak? o pagtumaas si Gloria and maging 5 footot na siya?
Needless death. Six soldiers ambushed and killed in Mindanao. Gen. Yano is failing miserable is his policy of degrading the capability of the MILF. What if he frees all those patriot soldiers they are incarcerating for dubious charges, maybe these soldiers can serve better the republic in Mindanao than just rotting in detention. What a waste of resources just to protect illegitimate gloria in malacanang.
Wala kayong maa-asahan kay Yano. Mukha na lang niya … mukhang Heneral noong panahon ng hapon. Makapili.
We can’t expect anything from Yano. He got his promotion from the criminal. So what can you expect? Takot lang niyang matanggal, especially when he is retiring and needs the benefit of being sipsip to the unano.
Kawawang bansa!
I have high hopes for General Yano.He is a professional soldier;so different from the loyal political generals like Jun Esperon of MOA fame and Palparan,the butcher.
Valdemar, many of your posts have been very discouraging and so confusing if the objective of this website is to present the truth on which our people can live. The effect on me have been in such a way that I already seem to be discouraged to think of ideas to campaign for the early release of our brother soldiers who have been fighting for our liberation from the clutches of alien hands thru the collaboration of GMA. The effect on me is that the issues and the efforts I have been trying to focus on seem to get lost after you have posted your comments. The heat suddenly seem to have been doused by your murky water.
I hope this is not the effect of everyone else in this ellen website. Otherwise, Valdemar, you would be unknowingly and innocently be instrumental to the objective of the GMA forces to discourage, confuse and disunite all of those with the resistance. I hope you would not allow your self to be a contibution to the enemy objectives.
JM, comments posted here reflect the views of the poster.
Why would you be discouraged by the views of one person. Surely you have your own values and beliefs.
Valdemar’s comments are his based probably on his personal experience with a group of soldiers he has associated with. I don’t know if he knows very well the officers who are being charged with mutiny against Gloria Arroyo.
I have the privilege of knowing these patriotic officers and I know they do not belong to those described by Valdemar.
Jose Miguel,there are many GMA agents in this blog. Trabaho nila yan. Beware and be perceptive.
Correction please! What I wrote: “I hope this is not the effect of everyone else…” should instead have been written: “I hope this is not also the effect ON everyone else…”
Valdemar: They are only waiting for their green cards.
*****
Di lang soldiers, pati pulis. This reminds me of a police officer who tried to make deals with the Americans for a green card to the US claiming that the Americans owed her team the discovery of the Bojinka project of the Moslem fundamentalists, but she was turned down because Ebdane and Ramos reportedly had owned the credit and were paid for the information. Kurakot talaga ang utak!
There are lots of Yanos in Japan. May lahing hapon ang opisyal na iyan, but no bilib ako. Basta appointee ni pandak, directly appointed, recommended or not, tingin ko kurakot din kasi kung matino ang isang tao, for the sake of principle, tatangging magkaroon ng connection sa isang kriminal at saksakan ng kurakot, sinungaling, tapalani, etc. Ang landi pa ng ng dating na nakausli ang nguso pag nagsasalita. Malaki ba ang ngipin ng ungas sa harap at para siyang koneho?
Valdemar Says:
Even our foremost ‘Filipino’ Jose Rizal would have migrated if he was not shot here.
Is there such a thing as pure ‘Filipino’? We are all mixed race. I think the only pure ‘Filipino’ is aeta in Baguio.
Days before Rizal was about to return to the Philippines, he was warned by his compatriot not to return to the Philippines because the Spaniards will arrest him. What was the answer of Rizal? Rizal said,”I did not do wrong, why should I be afraid of Spaniards.”
It is very true that he did nothing wrong to the Spaniards. But the Roman Catholic Church ordered the Spaniards to arrest Rizal and paid the Spanish general to have him executed at Bagumbayan.
I know that CIA pushed for the designation of Jose Rizal as Philippine national hero during those times. Why? The purpose was to perpetuate hatred against Spain.
Nevertheless, Rizal is the shadow of righteousness and a patriot that cannot be bought by silver and gold.
Rizal could have remained in Europe had he wanted to. He could have enjoyed the good life in Europe just like the other ‘Filipinos’ in Europe during those times.
Yet, Rizal chose to return to the motherland. Why? What is the purpose of his return? Did he return to the Philippines to waste his time?
I think we need to re read our history.
What was the purpose of his (Rizal) return?
Yes etcetera, it was the Americans who pushed for the designation of Jose Rizal as Philippine national hero to perpetuate hatred against Spain.
It was Governor Taft who in 1901 suggested to the Philippine Comission that the Filipinos be given a national hero. Taft with other American colonial officials and some Filipino collaborators chose Rizal as a model hero over others. Governor Forbes wrote that the American Administration has lent every assistance to the recognition, setting aside of the death anniversary, day of observance, placing of picture on the postage stamp, on the currency and the teaching to young Filipinos in school the reverence as the greatest of Filipino patriots of Rizal. Forbes appraised the value of Rizal as somebody who never advocated independence nor armed resistance to the government. Rizal preferred reform from within by publicity, by public education and appeal to public conscience. During the Spanish time, he preferred representative for the Philippines in the Spanish parliament and achieve exposing of corruption. When the revolution broke out in the Philippines, Rizal offered to serve the Spanish government in Cuba. Rizal fits in the Americans objective for us Filipinos to have an alienated identity and defense syndrome to weaken our resistance and maximize their control on us. Rizal was safely dead by the time of American invasion. No anti-American quotations could ever be attributed to him. Rizal can be valuable to the Americans to, (to use the term Sulbatz used for the leadership of Gen Miranda,) “draw the line of fire away” from them and towards our former Spanish rulers. (Gen Miranda was drawing the line of fire of the enemy away from our brother soldiers and towards himself and Gen Lim.) The Americans were drawing the line of our fire away from them and towards their other enemy, the Spaniards from whom we have already achieved our independence. The Americans specially emphasized the fact that Rizal was a reformer, not a separatist. He could therefore not be invoked on for Filipino independence nor be a rallying point in resistance against the American invaders.(1)(2)
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(1)Constantino, Renato, Insight & Foresight, Foundation for Nationalist Studies, Quezon city, 1977 pp. 27-30
(2)Joaquin, Nick, A Question of Heroes, 1977, pp. 53-55
On the other hand, the Americans found in Bonifacio, dangerous model. Bonifacio stood for the use of armed might in attaining independence and freedom. For the Americans, therefore, to promote the Bonifacio cult was to defeat their own purpose of discouraging the Filipinos from taking up arms against them. It is only in the Philippines were the leader of the liberation forces is not the national hero.(1)
I am not questioning the sincerity, the patriotism or the quality of Rizal. I am just echoing the appraisal of many of us Filipinos who also studied our history that all of us also consider other Filipino heros among us for reviewing and analysing their values in our development us a nation.
There is Bonifacio who inspite of the spanish blood running in the veins of his mother as well as his poverty, organized the movement of independence against the Spanish Government in the Philippines.(2)(3)
There is Ricarte who fought for independence from late 19th century, the time we were still under the Spanish government, to the time the Americans invaded us, the time the Chinese have penetrated our economic resources, until he died in the mid twentieth century, the time the Americans have removed their superficial invasion after they have replicated their invasive activities deep within our heritage and institutional level.(4)(5)
There is Antonio Luna who belonged to the rich and illustrado class. He is graduate of Bachelor of Arts from Ateneo with highest honors, a Doctor of Pharmacy from Universidad Central de Madrid, and who studied military tactics and strategy under General Leman in Belgium. He volunteered for the defense system of the Philippines toward the end of July 1898. He organized the precursor of the Philippine Military Academy, the strategic defense of the Philippines against the Americans, led several operations against the American forces, implemented high standard of discipline among us Filipino soldiers and was treacherously killed by the men of Aguinaldo who was an incompetent and compromising commander.(6)(7)
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(1)Agoncillo, Teodoro A. 1990. History of the Filipino People. Quezon City: Garothech Publishing, p.160
(2)Ocampo, Ambeth R. “Andres Bonifacio: Old Questions and New Answers.” Bones of Contention: The Bonifacio Lectures. Pasig City: Anvil Publishing Inc., 2001. P. 91.
(3)http://bonifaciopapers.blogspot.com/
(4)Joaquin, Nick, “A Question of Heroes”, 1977, pp. 209-237
(5)Webmaster’s Note: Very little has been written about Gen. Artemio Ricarte, and there is only one fairly long biography, “A Biographical Sketch of “Vibora'”, written by the Spanish professor J. A. Ranes. This was appended to Ricarte’s Ang Paghihimagsik ng mga Pilipino Laban sa Kastila, and is being reproduced here only for educational purposes, for students who have no access to the
Book.;http://www.geocities.com/valkyrie47no/ricarte_bio.htm
(6)http://en.wikipedia.org/wiki/Antonio_Luna;
(7) Joaquin, Nick, “A Question of Heroes”, 1977, p170
We do not need at this time, a Filipino Image transmitted by a foreign invader to replicate their heritage injuring virus in our intelligence system that paralyzes our defense system against foreign control. We do not need at this time people who are merely working for change for good government as if we are normal and not at all under a foreign invader replicating their invasive activities in our institutions like our presidency.
We need a model to register in our brains and influence our decisions and behaviour, the love for the Filipino Nation, the recognition of who is foreign, and who is friend, just like a normal immune system of a biological body.
Only then can we recognize the invasive elements who are causing the divertion of our resouces and the damaging of our system. Only then can we start resisting the virus corrupting the system of our Filipino Society. And only then can we liberate ourselves as well as our brother sodiers now in prison, from the cluthes of corruption that have been depriving us of our freedom to live for and to love our brother Filipinos.
jose miguel, thank you for a well documented synopsis on a significant historical event that negatively affected the national psyche of a Filipino Nation to fight off the invicible hands of foreign powers.
How can an arm resistance (against tyrant, illegitimate government, and in collusion with foreign powers) can enter in the national consciousness of a Filipino Nation? Maybe, for now, the media outlets like Tribune and Malaya should start invoking the names and works of our national heroes like Andres Bonifacio and Antonio Luna.
The bible says that there are time for everything (Ecclesiastes 3:1-8…a time to love and a time to hate, a time for war and a time for peace). Even in the biblical history of Israelites, they were constantly at war. Israelites killed their enemies including newly born children. Why? Because that was the commandment of the God of Israel.
The time for peace had passed. It is now time for arm resistance. Cha-cha should ignite arm resistance.