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28 officers to be tried as military court junks petition

By Joel Guinto
INQUIRER.net
First Posted 11:53:00 07/31/2008

Filed Under: Coup d etat, Military

MANILA, Philippines -- (UPDATE 2) A petition by 28 officers linked to a coup in February 2006 to dismiss the charges against them has been denied by a military court, paving the way for their trial.

"For lack of merit, the demurrer is denied," the court said in a decision read during a hearing Thursday.

The court then proceeded to arraign the accused, led by Major General Renato Miranda, former commandant of the Marines, Brigadier General Danilo Lim, former chief of the Army Scout Rangers, and Marine Colonel Ariel Querubin, who all pleaded not guilty.

During an earlier arraignment, the group did not plead guilty or not guilty, and instead, entered a special plea to drop the mutiny charge.

The court said on Thursday that the "facts of the charge constitute the punishable act of mutiny."

Siding with the arguments of military prosecutors, the court said the group committed "acts of insubordination" that could be charged with "attempting to begin or create mutiny."

The court cited the alleged plan of the group to withdraw support from President Gloria Macapagal-Arroyo, join anti-government protests on February 24, 2006, and convince the then Armed Forces of the Philippines (AFP) chief of staff, Generoso Senga, to join them.

The tribunal, headed by Major General Jogy Leo Fojas, also rejected the argument of defense lawyers that the mutiny charge should be dropped, since pre-trial investigators recommended for it to be dropped.

Retired AFP chief Hermogenes Esperon Jr., with whom the accused locked horns over his alleged involvement in election fraud in 2004, restored the mutiny charge while he headed the military.

The court said the results of the pre-trial inquiry was "recommendatory" and therefore, "does not bind" it into dropping the charge as well.

Mutiny is punishable with life imprisonment.

The 28 officers have been detained in different military and police camps for two years.



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