ne good thing
going for the new Armed Forces chief, Alexander Yano, is that he succeeded Gen.
Hermogenes Esperon.
No one could have done worse to the military establishment
than Esperon. He brought to the pits the reputation of the military
establishment with his alleged participation in the 2004 elections fraud and for
bullying those who chose to stand by their principles of truth and justice.
The optimism that greeted Yano’s assumption of the highest
military position is amazing. It should warm his heart. But it’s also an awesome
challenge, considering the damage that Esperon did not only to the morale of the
personnel but also to the personal lives of many officers and enlisted men.
Last Tuesday, at the court martial hearing of the 28 officers
accused of withdrawing support from Gloria Arroyo in February 2006, the
atmosphere was full of hope, even cheers. The officers said without Esperon,
whose heavy hand made it difficult for the prosecution and panel to assess their
case independently, they could now expect a fair trial.
Everybody talks of him as a "professional soldier," the
highest compliment for an officer. Maj. Gen. Renato Miranda, the highest-ranking
detainee, said he welcomes Yano’s appointment as chief of staff, "He comes
without baggage."
The feeling that things would be different from now on was
reflected in the motion of Alex Avisado, counsel for Maj. Jason Aquino and Capt.
Isagani Criste, for the trial judge advocate to again review the cases for a
possible recommendation of "nolle prosequi" or "we shall no longer prosecute" to
the new chief of staff.
Avisado said with the new chief of staff, who once served as
president of the court martial panel and is known for his professionalism,
justice may prevail and there would be no need for a trial. The panel granted
Avisado’s motion.
Last month, the court also took up the possibility of a "nolle
prosequi" but the prosecution said they decided not to make any recommendation
to Esperon because upon their review of the cases they found that, "each of the
accused, in one way of another participated in the mutiny." But they left the
door open for a "nolle prosequi" if they cannot elicit evidence from the
witnesses they have lined up.
Reliable sources said actually, the prosecution discussed the
matter of "nolle prosequi" with Esperon who turned it down.
The accused officers are optimistic for a "nolle prosequi" in
a fair trial because the preliminary trial investigation report recommended
dismissal of mutiny charges for "lack of legal and factual basis." The lesser
offenses of "conduct unbecoming of an officer and gentleman" and "conduct
prejudicial to military service and discipline" have prescribed and considered
dropped after two years without arraignment.
Sources in the military said Esperon was upset by the PTIR’s
recommendation, he asked his staff judge advocate, Col. Pedro Davila to review
it. Davila, the source said, at first sustained the PTIR. Esperon, however,
insisted that the officers be charged. Later a Pre-Trial Advise signed by Davila
but without the signed approval of Esperon, reversed the recommendation of the
PTIR.
Other attributes of Yano that officers speak of is his
decency and fatherly concern. A few weeks after army officers were brought to
Camp Capinpin in Tanay in 2006, Yano came to visit. He was then the commander of
the South Luzon Command.
Apparently Yano is concerned with officers who have
frustrations about the service. In 2003, when he was the commander of 601st
brigade based in Cotabato, he visited the Magdalo officers then detained at the
ISAFP quarters in Camp Aguinaldo. He was the only non-intelligence officer who
did it.
A relative of one of the Magdalo officers said the officers
were deeply touched by the visit of Yano.
In ANC’s "Strictly Politics" last Tuesday, Yano was asked by
Pia Hontiveros about his personal motto and he said "Walk the talk" because he
believes in leading by example and doing what he tells his men. Asked what was
his motto in the PMA yearbook, he remembered it was, "Tomorrow is far better
than today."
How apt.