THE remaining 27 Army and Marines officers accused in the alleged attempt to overthrow the administration in February 2006 were arraigned by a military court on a charge of mutiny at yesterday's resumption of court martial proceedings.

The 27 were led by former Scout Ranger chief Brig. Gen. Danilo Lim, and Colonels Ariel Querubin, Januario Caringal, Orlando de Leon and Lt. Col. Custodio Parcon. Querubin and Parcon are both recipients of the highest combat award Medal of Valor.

The highest ranking officer, Maj. Gen. Renato Miranda, was deemed arraigned last month after prosecution lawyers read the charges and specification against him and asking him what was his plea. Miranda was former Marines commandant.

At the court martial proceedings yesterday, the prosecution read the charges and specification on the charge of violation of the Article of War 67 or mutiny on only seven of the accused, including Lim and Querubin. The others waived the reading of the charge sheets.

The accused were later asked for their plea. Their lawyers responded with a special plea - a call for the dismissal of the charge and specifications on the ground that the offense filed against their clients is not a punishable act.

The 28 officers are accused of "conniving, confederating and mutually helping one another, each committing individual acts towards a common design or purpose, attempted to create or begin, excite, cause or join a mutiny by withdrawing their support" from President Arroyo.

They are also accused of urging then AFP chief Gen. Generoso Senga and other officers and enlisted personnel "to likewise withdraw their support from the President, and attempting to join protest actions of the so-called civil society groups and political oppositions calling for the President's resignation with the intent to usurp and/or subvert override lawful authority."

The court granted the request of the defense lawyers to file their written petition in 15 to 20 days. The court also allowed the prosecution to submit it response to the defense motion, 15 to 20 days also upon receipt of motion.

Under the military justice system, the reading of the charges and specification and asking of the accused plea constitute arraignment. The entering of the plea of guilty or not guilty is not part of the arraignment in the military.

The 28 are also charged with lesser offenses before the tribunal, including violation of the AW 96 (conduct unbecoming an officer and a gentleman) and violation AW 97 (conduct prejudicial to good order).

The court has deferred the arraignment of the accused on the other charges, pending discussion on whether the lesser offenses have prescribed or not last February on the second year of the alleged offense.

The charge of mutiny cannot prescribe.

Under the military justice system, the charges should be deemed dropped if the accused are not arraigned in two years from the commission of the supposed offense.

AFP officials have said charges may not prescribe if it is established that the delays in the proceedings were caused by the defense.

Capt. Ruben Guinolbay addressed the court when he was asked to stand for the arraignment. The decorated Scout Ranger officer asked the court, presided by Maj. Gen. Joggy Leo Fojas, to objectively look into their cases filed against them.

"It's been two years of unjust incarceration... two years taken off our lives, two years doing nothing.... All I ask of you is to look at the case as what they are... I do not ask for mercy... We are unjustly jailed and we don't deserve a second more in detention," he said.

Guinolbay also took note of the pre-trial advice of col. Pedro Davila, Staff Judge Advocate of AFP chief Gen. Hermogenes Esperon, who has reversed the findings of pre-trial investigators, dismissing the mutiny charges against him and the other accused officers.