MANILA, Philippines – (UPDATE 2) Army Brigadier General Danilo Lim refused to cooperate in the Armed Forces Provost Marshal's investigation into the November 29 standoff in Makati City so as not to "prejudice" the case filed before a civilian court over the same incident, his lawyer said Thursday.
"We did not participate in the investigation because of the pending case in [the] Makati court, considering the subject matter of the investigation now is the subject matter of the criminal case for rebellion… That would unduly prejudice General Lim," Vicente Verdadero told reporters.
Lim's move, however, would not stop the military's investigation, since other witnesses could be summoned, said Colonel Arthur Abadilla, the Provost Marshal General.
Lim, Senator Antonio Trillanes IV, and other military personnel who joined six-hour siege at the Manila Peninsula Hotel in Makati have been charged with rebellion before Branch 150 of the Makati RTC. Their arraignment is set on January 15.
The former chief of the First Scout Ranger Regiment (FSRR) arrived at the Provost Marshal office in Camp Aguinaldo under heavy guard at around 9:30 a.m. He came from Camp Capinpin in Tanay town, Rizal province where he is being detained.
Lim, in civilian clothes, was accompanied by wife, Aloysia, and his lawyer, Vicente Verdadero. He did not answer questions from reporters.
After the proceedings, Lim was brought to the Intelligence Service of the Armed Forces of the Philippines (ISAFP) inside the same camp, where he would be detained temporarily until the Provost Marshal inquiry finishes.
Abadilla acknowledged that it was Lim's right not to answer questions from military investigators.
"[But] it does not prevent the Provost Marshal and the AFP to pursue the case against him because he has waived his right," Abadilla told reporters.
Abadilla said he would soon summon other active duty officers involved in the case, as well as their security escorts.
Lim is being investigated for possible violation of Articles of War 96 (conduct unbecoming of an officer and a gentleman), 97 (neglect prejudicial to good order and military discipline), 70 (breach of arrest), 67 (mutiny or sedition), 63 (disrespect toward the President) and 64 (disrespect toward a superior officer).
On November 29, Lim joined over a dozen rebel junior officers in a walkout on their coup d'etat hearing at Branch 148 of the Makati regional trial court.
Lim was a witness for the defense against the rebel officers, including Trillanes, then a Navy Lieutenant, who staged a shortlived uprising on July 27, 2003, also in Makati City.
Lim is also facing court martial, along with 27 other Scout Rangers and
Marine officers, over the alleged February 2006 coup plot.