But a friend, many thanks to her, who was in the hearing wrote me the following narrative of what happened last Thursday. I’m sharing this with you to better understand the latest developments in the case of these patriot-officers who continue to hold on to their principles despite emotional, economic and physical hardships.

"The hearing started late, as usual. It was almost past 10 a.m. when the panel with a quorum of five emerged from the chamber that signaled the start of the hearing and the exit of press photographers and cameramen. It proceeded in the usual order, prayer and the entering of appearances of counsels. Then the court proceeded to swear in the new member of the panel, Maj. Gen. Gilbert Llanto who replaced a retired member. His oath taking on Wednesday was delayed due to lack of quorum.

"Llanto was the only member whose oath taking was recognized at least by the accused. It can be recalled that the court was constituted in the absence of both the accused and their private lawyers after they walked out in one of the hearings held in Tanay last year. Before the arraignment, Atty. Trixie Angeles raised a challenge for cause. Col. Marian Aleido, the law member of the panel attempted to postpone the challenges for cause until after the arraignment but the defense panel had to refer to Manual for Court Martial that states that the "challenges should be made before the arraignment, but the court may permit challenges to be presented at any stage of the proceedings."

"Aleido conceded. Angeles manifested to approach the bench to inform the panel to whom the challenge was directed instead of presenting it in open court "to avoid embarrassment." She huddled with the panel and retreated to personally engage Air Force Brig. Gen. Rolando Capacia. Angeles said she just offered Capacia the option to inhibit or to proceed with the challenge for cause that will entail discussion in open court where the media is present and even if he kicks it, the facts that will be brought out will linger on as another issue altogether against the integrity of the court.

"The court went on break with the pending issue of Capacia either inhibiting or taking the challenge for cause. But he opted for the latter when court resumed in the afternoon prompting Angeles to withdraw her manifestation for a challenge for cause. In voluntarily inhibiting, Capacia said, ‘I have participated in the proceedings of this court with utmost objectivity and impartiality but as I see a potential conflict of interest with my personal circumstances, I would like to inhibit myself from participating in the proceedings of this case.’

"It was so encouraging to see how Capacia as a former member of the court earned the salute of the accused junior officers after he opted to leave the court. He was commended by the defense team and was applauded after he extended a hand to the senior accused officers. Shortly after that, his replacement, Brig. Gen. Gilbert Abanto, was sworn in.

"Then on to the arraignment. Maj. Gen. Renato Miranda was called in to stand right at the middle of the court facing the panel. In a faded combat uniform, Miranda stood beside Angeles who was dwarfed with the general’s towering height. He was asked whether he wanted to dispense with the reading of the charge, but he insisted on hearing it. He would have preferred that they dispense with the reading of all the names but one defense lawyer insisted that the case as alleged is conspiracy so all 28 names of the accused will have to be read before Miranda.

"For over 10 minutes, Miranda bravely listened as the crisp enunciation of the words that described his alleged violation of the 67th Article of War echoed in the hall, "conniving, confederating to attempt to create, incite and begin a mutiny for planning to withdraw support from President Gloria Macapagal Arroyo by planning to join the mass protest of the so-called civil society on February 25, 2006." It was an unusual scene of an accused standing tall and proud while the charge of mutiny against him was being read and it made it so uneasy for the panel to even look back at Miranda. The 55-year old general, a classmate of AFP Chief Gen. Hermogenes Esperon, stood valiantly and was looking straight at the five-member panel. Miranda was the most senior officer in the court, even the panel members included.

"The prosecution attempted to read the other charges that have supposedly prescribed but they were preempted by the panel when the law member reminded the prosecution to ask Miranda’s plea first. But before Miranda could enter a plea, military defense counsel entered an urgent manifestation for an urgent declaration of a "nolle prosequi."

"Lt. Col. Basilio Pooten in his urgent manifestation was deduced by the law member of the panel as a motion asking the prosecution to review the records of the case to determine if there is a basis for "nolle prosequi." When translated, "nolle prosequi" means null prosecution or no prosecution and it involves the withdrawal of charges.

"As Aleido clarified in court, a ‘nolle prosequi’ is a business or an agreement between the prosecution and the defense panels that the panel cannot rule on. It’s only the convening authority, Esperon in this case, who can act on a recommendation of nolle prosequi. The panel can only grant the motion to suspend proceedings pending the review of the case and the action on the recommendation for a declaration of nolle prosequi.

"Angeles clarified that a ‘nolle prosequi’ is not a special plea because it was a motion filed by the military defense lawyer to review the records of the case to determine if there is a basis for "nolle prosequi." But the motion had more meaning to it, having been urged by a uniformed officer of the court to another.

"Addressing the prosecution, Pooten said, ‘you and I have read the Pre-trial Report and we know there was no evidence to proceed, not even an iota of evidence that would substantiate the charges against these young and talented officers thus an urgent declaration of nolle prosequi not just to Gen. Miranda but to all the accused.’

"In the Pre-trial Investigation Report, mutiny charges against the 28 officers for the alleged February 2006 plan of withdrawal of support from President Arroyo were recommended dismissed "for lack of factual and legal bases." The report is one of the bases for the convening of the court martial, although a pre-trial advice overturned the recommendations in the PTIR. But it was not signed by Esperon to signify his official approval and it was not attached to the charge sheets.

"They have been detained for two years for mutiny and other charges. Charges of ‘Conduct Unbecoming of an Officer and Gentleman’ and ‘Conduct Prejudicial to Public Order and Military Discipline’ were supposed to have prescribed after the military court failed to arraign them for those offenses within two years from alleged date of the commission of the crime.

"The 28 officers have gone a long way now fighting every attempt of injustice to them in the two years of incarceration from one camp detention to another, from Cavite to Tanay, and now at the maximum security detention at the Intelligence Service of the AFP. As Marine Col. Ariel Querubin, a medal of valor awardee, once said, the biggest toll of this legal battle had been on their families.

"To the officers, a short cut to freedom is not a sweet victory while remembering that their men, the enlisted personnel who have been dishonorably discharged, had been the unwilling casualty of injustice."