11 of 28 accused
in coup plot cleared
Ruling on 17 remaining defendants deferred
BY VICTOR REYES
A MILITARY tribunal yesterday cleared 11 of the 28 military officers facing court martial for the alleged attempt to overthrow the Arroyo administration in February 2006.
Two Marine and nine Army officers were acquitted for lack of evidence.
The highest ranking was Marines Col. Januario Caringal.
Also cleared were Lt. Colonels Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez (Marines); Captains Ruben Guinolbay, Frederick Sales, and Allan Aurino; and 1Lts. Ervin Divinagracia, Jacon Cordero, Sandro Sereno, and Richiemel Caballes.
The 17 other officers still on trial are led by former Marines commandant Maj. Gen. Renato Miranda, former Scout Rangers head Brig. Gen. Danilo Lim, and Medal of Valor awardees Col. Ariel Querubin and Lt. Col. Custodio Parcon.
The court deferred its ruling on the 17 pending review of the evidence against them.
The 26 have been in detention since 2006.
Defense lawyer Vicente Verdadero said the ruling is a victory for the defense.
"Firstly, because the allegation of conspiracy is already gone. It’s dead now. There is no longer conspiracy," he said.
Verdadero said the accused were cleared by the court because no witness or documentary evidence linked them to the supposed mutiny.
"(It’s) on the ground that they were not mentioned at all, no evidence, no single piece of evidence, none against them, 11 of them," he said.
Verdadero represents Flordeliza, Malabanjot, Sales, Divinagracia, Sereno, Cordero, and Caballes.
Verdadero also said there is no block for the return to service of the 11 officers. He said the prosecution could not move for reconsideration because it is an acquittal.
But Verdadero said he was not sure whether the officers would want to return to the service.
The court, headed by Maj. Gen. Jogy Leo Fojas, asked the prosecution to coordinate with the convening authority, AFP chief Gen. Victor Ibrado, for the release of the 11 officers.
Earlier yesterday, the defense filed a motion for a finding of not guilty, weeks after the prosecution presented its last witness -- former AFP chief Hermogenes Esperon who is now head of the Presidential Management Staff.
The defense moved for the clearing of the accused shortly after the prosecution rested its case.
Under the military justice system, the accused can move for a dismissal after prosecution rests its case. If the motion is denied, the defense can proceed with the presentation of its witnesses.
"The court unanimously found meritorious the motion of finding them not guilty," the court said in its ruling.
"The TJA (trial judge advocate or the prosecution) will report to the convening authority for their release order," the ruling added.
On the 17 remaining officers, Verdadero stressed the court did not deny their motions. "It’s just deferment," he said.
In the case of Lim, Maj. Leomar Jose Doctolero; Captains Isagani Criste, Montano ALmodovar, Joey Fontiveros, Dante Langkit, James Sababan, and William Victorino Upano; and 1Lt. Homer Estolas, Verdadero said while their names were mentioned in documentary evidence and by witnesses, there was no evidence to prove they committed mutiny or attempted to commit mutiny.
Citing the US Manual for Courts Martial, Verdadero said an accused may be found guilty of attempted mutiny if there is an overt act; if the act was done with specific intent to commit the offense of mutiny; if the act amounted to more than mere preparation; and if the act apparently tended to effect the commission of the offense of mutiny.
"With the above definition of attempted mutiny as the yardstick, the evidence of the prosecution could not sustain the charge of attempted mutiny. There is not a single overt act show in the prosecution evidence which could be considered as constituting an attempt to commit mutiny," he said.
Verdadero said the testimonies of prosecution witnesses and their documentary evidence "talk about nothing but ideas, plans, and discussions among some of the accused but they did not mention or describe how any one of the accused did perform any overt act that could be considered as attempt to bring into fruition the alleged ideas, plans, and discussions."
He noted the testimony of former AFP chief and now ambassador to Iran Generoso Senga who detailed a meeting in the early morning of Feb, 24, 2006 with Lim, Miranda and Col. Ariel Querubin.
Reports said the three officers informed Senga of their plan to provide leadership to a group of junior officers who were joining the protest rallies. Senga, however, told the officers not to pursue their plan.
"...(T)he three officers agreed not to push through with their plan to provide leadership to the military elements who could not be dissuaded from joining the protest march on 24 February," said Verdadero, adding Lim went home and asked his superiors to place him in custody.
"General Lim, therefore, did not commit mutiny or attempted to begin mutiny because he did not create any violence or disturbance and neither did he resist any order of his superior, two elements required in mutiny," said Verdadero.
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