Under military jurisprudence, no member of the uniformed services accused of a certain crime, except for desertion, murder and rape, can be prosecuted if not arraigned within two years from the commission of the offense.
It is expected that the military tribunal will soon hand down its ruling on whether to continue the prosecution of the remaining 27 junior officers who led the daylong mutiny, during which the Oakwood Premier Hotel in Makati City was overrun last July 27, 2003 to highlight their grievances against high-level corruption in the government and military.
The mutinous officers led by Navy LTSG. Antonio Trillanes IV and Army Capt. Milo Maestrecampo were accused of violating Article of War No. 98 for "conduct unbecoming an officer and a gentleman."
The legal proceedings called by the military tribunal since Tuesday apparently achieved nothing, despite legal maneuverings of the military prosecutors to have the accused officers arraigned to beat the two-year prescription period.
By 11:30 p.m. Tuesday, the military prosecutors and defense lawyers were still at a standoff. Defense lawyers led by Ed Abaya entered a challenge for cause against Lt. Col. Victoria Girao and Lt. Col. Ajerico Amagna, the two officers sitting in the six-man military tribunal, for alleged bias.
Court martial presiding judge Maj. Gen. Vicen-te Guerzon, following a closed-door conference, denied the motion of the defense and vouched for the integrity of the two officers.
But Abaya was not about to give up and moved for reconsideration, prompting the military court to convene anew in a closed-door session.
When the court resumed trial at about 12:15 a.m. yesterday, Girao and Amagna, apparently exhausted and tired, announced they would be inhibiting themselves from the case.
The departure of Girao and Amagna from the courtroom left only four officials to preside over the proceedings, forcing a lack of quorum. Under military regulations, the court should have five members to constitute a quorum.
Guerzon later acknowledged that the prescription period had already lapsed but declined to answer a query posed by the defense on whether the case would be dismissed, noting that the court had already lost the quorum.
Earlier in the day, the military court ruled that the two-year prescription period would end on Tuesday midnight, rejecting the defense’s motion seeking an outright dismissal of the case.
When the court was about to suspend the proceedings due to lack of quorum, Abaya inquired about the status of his clients, apart from Trillanes and Maestrecampo.
"I note that there is no quorum as of today (yesterday). May I just inquire from the court the status now of the other accused considering the ruling of the court that as of 12:01 this morning, prescription has already set in?" Abaya asked the court.
"Is there an automatic dismissal based on prescription?" he added.
But military prosecutor Col. Julius Magno was quick to reply that the status of the 27 accused junior officers "should be addressed by the convening authority (AFP chief Gen. Efren Abu)" which issued the order for their arrest and detention. "So it is a matter that should be addressed to the convening authority," he said.
Guerzon later said: "Since the court is questioned in quorum, we cannot make the ruling (on the accused status) as of today and we should still be recomposed and then thereafter we’ll make the ruling."
Thereafter, Guerzon adjourned the proceedings after reminding the custodial officers of the accused to bring them in today’s scheduled hearing, where the defense is expected to make a motion to dismiss the case.
Abaya later told reporters that he was very hopeful that the case against the mutinous officers would be dismissed, stressing the period for arraignment had already expired.
"Following the ruling, the moment that they have a quorum, I think it’s only ministerial that the court abide by their own ruling which... we are constrained to abide by. They (court) will have to dismiss the case as far as those who have not been arraigned because prescription has already stepped in," Abaya said.
All the 29 accused junior officers were granted bail by the Makati City court last year after they were charged with the crime of coup d’état.