Military pre-trial of Gudani, Balutan starts

Military authorities are ready to charge retired Brig. Gen. Francisco Gudani and Lt. Col. Alexander Balutan who are facing court-martial for testifying before the Senate without prior clearance from President Arroyo.

However, Col. Tristan Kison, Armed Forces public information office chief, said "with respect to Brig. Gen. Gudani’s benefits, the AFP shall promptly grant the retired general’s pension claims, which have been put on hold, upon the TJAG (The Judge Advocate General)’s final resolution of the AW65 case filed against him."

The two Marine officers, who exposed alleged cheating in last year’s presidential elections in Mindanao, have been accused of violating Articles of War No. 65 or willful disobedience of legal orders of a superior officer.

The military officers had defied an executive order by Mrs. Arroyo requiring government and military officials to obtain prior clearance before appearing at Senate inquiries.

Military prosecutor Capt. Candy Rivas said once Gudani and Balutan received the charge sheet, they will be given 10 days to submit their replies or counter-affidavits.

"The pre-trial investigator will determine if there is probable cause," Rivas said. "If there is probable cause, it will recommend the filing of charges before a military court."

Rivas said serving the charge sheet will give the two Marine officers a fair chance to refute the charges against them.

However, military investigators can choose to summon Gudani and Balutan for "clarificatory questions" even if they have answered the charges in writing, she added.

Gudani retired from the service on Oct. 4, six days after he testified before the Senate committee on defense and national security that he witnessed electoral cheating in Mindanao to ensure President Arroyo’s victory.

Gudani and Balutan are under the legal custody of the Senate. — Jaime Laude