Malacañang is not about to accept a Marine colonel’s explanation for coming out with a video calling for President Benigno Aquino III’s ouster.
“I don’t think he was auditioning to be a broadcaster when he made the video,” said Presidential Spokesperson Edwin Lacierda.
Newly retired Col. Generoso Mariano has said that he was asked to videotape some of the statements he made at a Club Filipino affair and he obliged. The tape was then uploaded on YouTube and his message was taken out of context, he claimed.
Lacierda shrugged off Mariano’s clarification as “his explanation.”
He pointed out that while Mariano said that he never tagged the Aquino administration as the subject of his ouster call, the colonel did address the “current government.”
“He may not have specifically mentioned President Aquino, but in his statement you could see who he was referring to,” Lacierda said.
Lacierda said Mariano should make his explanations to the Armed Forces of the Philippines and Department of National Defense.
“It’s a matter of reviewing the tape and hearing the statement he made and that’s up to the DND and AFP to evaluate,” he said.
Asked to comment on reports that Mariano planned to apologize to the President, Lacierda said this was up to Mariano and the Palace “does not remove his right on what he thinks is proper.”
Speaking with reporters on Tuesday, Justice Secretary Leila de Lima said she had recommended the filing of criminal charges against Mariano for violation of Article 142 of the Revised Penal Code when he made “seditious remarks.”
De Lima said Mariano, former deputy chief of the Naval Reserve Command, could also be charged with violating other military policies on mutinous and seditious acts.
“On the face of those statements… he may be held liable for inciting to sedition… because of those seditious remarks which tend to incite others to act against duly constituted authorities of government,” De Lima said.
“Of course there are explanations that (committing sedition) was not his intention. But it’s debatable, it’s a matter of defense. It’s up for him to explain his motive,” she added.
In a legal opinion, she said Mariano may have breached Article 63 (Disrespect toward the President), Article 67 (Mutiny or sedition), Article 91 (Provoking speeches or gestures) and Article 96 (Conduct unbecoming an officer and a gentleman) of the Articles of War.
The justice secretary said she issued the legal opinion on Monday on the request of Brig. Gen. Gilberto Jose Roa, head of the Judge Advocate General’s Office.
Mariano, who retired on Sunday on reaching the age of 56, has been held in Camp Aguinaldo since the video came out.
The Marine Corps is unaffected by the statements made by Mariano.
“What he said has had no effect on us,” Marine Vice Commandant Gen. Eugenio Clemen said in Filipino.
Clemen said the investigation of Mariano could not be started because he did not have a lawyer.
“We are waiting until he has his own counsel,” he said. With a report from Julie S. Alipala, Inquirer Mindanao