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‘The optimism that greeted Yano’s assumption of the highest military position is amazing.’

With Yano,
there is hope


One 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.

***

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Email address: ellentordesillas@gmail.com

 




















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