Military court clears 6 Army officers of mutiny charges

UPDATED 2:54 p.m. - A Philippine military court on Monday cleared six Army officers of mutiny charges for the alleged February 2006 coup d' etat against the Arroyo administration.

Those cleared were all members of the elite Army Scout Rangers:
# Major Jason Aquino;
# Captain Isagani Cristie;
# Captain Montano Almodovar;
# Captain James Sababan;
# Captain Joey Fontiveros, and
# Captain Dante Langkit.

However, the general court martial, presided by Maj. Gen. Josue Gaverza, ruled that the mutiny charges against the following senior officers will remain:
# Maj. Gen. Renato Miranda;
# Brig. Gen. Danilo Lim, and
# Col. Ariel Querubin.

For lack of merit, the court denied their motion for the dismissal of the mutiny charges against them.

In clearing the six officers, the court approved their motion for reconsideration on their petition to have the mutiny charges against them dismissed.

“More importantly, it was not proven beyond reasonable doubt that they have performed the act (mutiny) ... withdrawing support from the President, convincing the chief of staff to also withdraw support and/or join the protest rally of the so-called civil society in EDSA," said the ruling which was read by a staff of the court.

The court said although the six participated in meetings prior to the supposed mutiny, they were held in Camp Tecson – home of the Scout Rangers – and not in Camp Aguinaldo or Fort Bonifacio as alleged in the charge sheet.

All are still in active service except for Langkit, who sought a local post during the May 2010 elections but lost.



Miranda, a member of the Philippine Military Academy Class of 1974 and former commandant of the Philippine Marines, has retired from the service. However, since the alleged crime was committed while he was still in active service, he remains under the jurisdiction of the military tribunal.

Miranda was not present during Monday's hearing, but his lawyer, Roland Cipriano, said he will meet with his client to discuss their next move.

“I’ll meet first with General Miranda for his final decision. There are many legal options, but as to which specific legal option, we still have to talk," said Cipriano, adding that Miranda is open to availing the amnesty being extended by President Benigno Aquino III.

On the other hand, Lim (US Military Academy 1978) and Querubin (PMA 1979), were deemed resigned from the service when they filed their certificates of candidacy for senator during the May 2010 polls. Both of them lost.

Lim said he will rather continue with the trial than avail of the amnesty. He reiterated his protest against the provision in the amnesty’s implementing rules and regulation that requires the applicants to admit guilt.

“If I admit guilt, I have said that that’s tantamount to exonerating the past administration of its so many sins. We will exhaust the other avenue other than applying for amnesty," said Lim.

“Its apparent that only three people committed mutiny," he added, referring to the remaining accused in the case.

Amnesty for rebel soldiers

Those who participated in the 2006 uprising are covered by President Aquino's Proclamation 75 on amnesty, issued in October last year.

The proclamation also provides amnesty to those who participated in the:
# the 2003 Oakwood Mutiny, and
# the 2007 Manila Peninsula siege.

Malacañang said admission of guilt is a requirement for the granting of amnesty.

Shortly after the decision was read, Querubin said he is likely to avail of the amnesty.

"I have given much time para ma-resolve itong kaso na ito pero mukhang itong nangyari is a very good compromise, the reason why I was hesitant last time is because I still have six junior officers, pag nag-apply ako maaapektuhan yung kaso, since lahat naman kaming tatlo ay retired na so I’ll now avail of the amnesty," said Querubin, a recipient of the Medal of Valor, the highest combat military award.

Lawyer Trixie Angeles, the counsel of Maj. Aquino, said she is happy with the acquittal of her client and of the other officers. However, she noted that her client — as well as the other acquitted soldiers — had been detained for about five years, affecting their military career.

“As of now, they have been delayed in their promotions for five years. They were taken out of seniority, they have been sidelined and they do not deserve it. This acquittal proves that the five-year period that they were forced to be sidelined is five years that is lost forever," said Angeles.

Angeles said the military leadership should address the issue, adding that it sets a dangerous precedent of putting an “innocent man in jail for the purpose of taking him out of the competition and his subsequent acquittal does not correct the situation."

She also vowed to go after the people whom she said violated the rights of Aquino, who had been put into solitary confinement or “bartolina."

“The acts committed against him have not been addressed, the violations of his human rights during his detention, the unnecessarily inhuman treatment, the need to prolong the proceedings. they have never been addressed. This (acquittal) is a first step but it doesn’t mean that we have forgotten what have gone on before so its kind of a mixed blessing for us today," she said without naming names.

source: gma news