Court upholds 11 officers’ acquittal
A MILITARY court trying 28 officers for an alleged plot to overthrow the government in 2006 yesterday denied a bid of the prosecution to reopen the case against 11 officers that the tribunal recently acquitted of mutiny.
As to the 17 remaining officers, the court denied their motion to dismiss the mutiny charge against them, rejecting their claim that the evidence against them is weak.
This means the trial on the 17, led by former Marines commandant Maj. Gen. Renato Miranda and former Scout Ranger head Brig. Gen. Danilo Lim, will continue.
The court headed by Maj. Gen. Jogy Leo Fojas cleared the 11 officers last October 15 on the ground that they were not implicated by witnesses or in documentary evidence. The acquittal came with court’s granting of their motion for a finding of not guilty.
Under the military justice system, the defense can file a motion to finding of not guilty once the prosecution rests its case. The prosecution formally rested it case October 15.
Last Friday, the prosecution headed by Col. Jose Feliciano Loy asked the court to be allowed to present what they said was newly found evidence against the 11 officers.
Defense lawyer Trixie Angeles said what the prosecution actually filed was for a 15-day leave of court to file a motion to reopen the case against the 11 officers.
The leave request was denied during yesterday’s proceedings.
Angeles said the court told the prosecution it was given sufficient time and they were even given extensions and they were allowed additional witnesses during the course of the trial.
"As to the new evidence, it doesn’t fall under the element of newly discovered evidence," she said.
Angeles said the supposed new evidence was from an enlisted personnel who had been discharged and who complained about the acquittal of the officers.
Loy said the prosecution would have used the leave to collate affidavits of witnesses preparatory to the filing of a formal motion to reopen the case against three or four of the cleared officers.
Cleared were Col. Januario Caringal, Lt. Colonels Edmundo Malabanjot and Nestor Flordeliza; Maj. Francisco Domingo Fernandez; Captains Ruben Guinolbay, Frederick Sales, and Allan Aurino; and 1Lts. Ervin Divinagracia, Jacon Cordero, Sandro Sereno, and Richiemel Caballes.
Still on trial aside from Miranda and Lim are Colonels Ariel Querubin, Orlando de Leon and Armando Banez; Lt. Colonels Achilles Segumalian and Custodio Parcon; Majors Jason Aquino and Jose Leomar Doctolero; Captains Isagani Criste, Montano Almodovar, James Sababan, Joey Fontiveros, William Upano, and Dante Langkit; and 1Lts. Homer Estolas and Belinda Ferrer.
Defense lawyer Vicente Verdadero opposed the defense motion, invoking double jeopardy. "Acquittal is acquittal, unless there is an exemption."
Lim said he was expecting he and the 16 others will be cleared "because the prosecution wasn’t able to satisfy the element of mutiny."
He said the worse that he expected was that only he and a few others will be left to face further trial.
Querubin, a recipient of the highest military decoration Medal of Valor, said he expected that only he and Lim would be left to be tried by the court martial.
Querubin implied that the case is being machinated by the Arroyo government. "Once GMA (President Arroyo) steps down, we’ll be free," he said.
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