A GENERAL court martial will deliberate on
whether the less serious offenses filed against the officers
involved in alleged power grab attempt in February 2006 have
already prescribed two years after the commission of the
supposed crime.
"There are some conflicting interpretations
of the prescription so we are still trying to find out the truth
because lawyers have their own interpretation of the law," court
president, Maj. Gen. Jogy Leo Fojas, said.
"I'm not even sure of the interpretation so
we have to confirm it within this week," he added.
The manual for court martial states that
lesser offenses shall prescribe, or be deemed dropped, if the
accused are not arraigned two years after the commission of the
crime.
Armed Forces chief Gen. Hermo-genes Esperon
earlier said that based on the military justice system, there is
such a thing as interruption, and the charges should not
prescribe if it is established that the defense had caused the
delays in the proceedings.
The accused are facing charges of mutiny,
conduct unbecoming, conduct prejudicial to good order and
military discipline, disrespect towards the President and
disrespect towards a superior officer. All the offenses, except
mutiny, are prescriptible or can be dropped by the military
court if the accused are not arraigned in two years. "Mutiny has
no prescription period," Fojas said.
The 19 accused Army officers were charged for
their involvement in the plan to grab power beginning Feb. 23,
2006 while the nine accused Marine officers were indicted for
the Feb. 26, 2006 standoff at the Marine headquarters in Fort
Bonifacio.
The military leadership has said the two incidents were
related with the end of grabbing power from the President. The
accused are led by former Marine commandant Maj. Gen. Renato
Miranda and former Army Scout Ranger chief Brig. Gen. Danilo
Lim. - Victor Reyes
