Meanwhile, decorated Marine Col. Ariel Querubin appeared before prosecutors yesterday to formally deny allegations he and fellow military officers plotted a February coup attempt against President Arroyo, the Department of Justice (DOJ) said.
Lim, through his lawyer Vicente Verdadero, told the CA’s 16th Division — chaired by Associate Justice Fernanda Lampas Peralta — that under the Articles of War, he should be held in the barracks or military quarters.
"Under the military law, he should be held in the barracks or military quarters. The government has admitted that there were no formal charges filed against Gen. Lim yet," Verdadero said.
The military brought Lim to the CA yesterday to comply with an order issued by Peralta last July 14 granting the petition for habeas corpus filed by Lim’s wife Aloysia. Peralta ordered the Army chief and Camp Capinpin’s custodial commander Lt. Gen. Hermogenes Esperon to produce Lim in court.
In a separate interview immediately after the hearing, Assistant Solicitor General Amparo Tang said the government is preparing charges against Lim.
Tang, however, failed to explain in court whether the preparation of formal charges to be filed against Lim justified the latter’s continued detention at Camp Capinpin.
The CA ordered the government prosecutors and Lim’s lawyer to submit their respective memoranda within three days, or until Friday this week, before the case is deemed submitted for resolution.
Aloysia said she is confident that the court will grant her husband’s petition to be released from Camp Capinpin.
In front of the CA building, about 20 civilian members of the Reformed the Armed Forces Movement-Young Officers Union (RAM-YOU) held a picket to express their support for Lim.
"Mabuhay ka, General Lim (Long live General Lim)!" they shouted as Lim was led out through the CA’s front gate by his military escorts.
Lim approached his supporters and shook their hands before boarding the van.
In an interview, Joaquin Ledesma, a member of RAM’s executive committee, said their two million members nationwide fully support Lim’s fight.
"We fully support Lim. We are from the civilian sector of the RAM. He should not be continuously held in detention in Camp Capinpin. He should be allowed to stay in his house or be placed under house arrest, at least," Ledesma said.
In her petition for habeas corpus, Aloysia accused Esperon and the Armed Forces of the Philippines (AFP) of unlawfully keeping her husband in detention at the Army’s maximum security facility at Camp Capinpin in Tanay, Rizal.
She said her husband’s continued detention is illegal and violates Article 70 of the Articles of War.
Lim was brought to Camp Capinpin last July 11 after concluding his closed-door meeting with Justice Secretary Raul Gonzalez at the latter’s office.
He was tagged as among the military officers who hatched the plot to unseat Mrs. Arroyo, supposedly through a coup d’etat last Feb. 24.
A video clip, which is in the custody of the National Bureau of Investigation (NBI), showed Lim with other military officers behind him declaring his withdrawal of support from Mrs. Arroyo.
Lim denied being part of the coup plot, saying that he merely withdrew support from his commander-in-chief.
He said he wanted the DOJ to conduct an investigation of how the video was leaked to the media.
Querubin, who won the Medal for Valor for his bravery in combat against Muslim separatists in 2001, faces possible criminal indictment for his alleged role in the coup plot.
Querubin and dozens of his armed troops had holed up at Marine headquarters at Fort Bonifacio on Feb. 26 to protest the sacking of then Marine commandant Maj. Gen. Renato Miranda, two days after Mrs. Arroyo announced that her government had foiled a coup plot.
Querubin and his men later stood down and surrendered to the new Marine commandant. He was subsequently sacked from his post as commander of a Marine brigade.
Querubin, accompanied by his lawyer Rodrigo Artuz, went to the office of Regional Director Reynaldo Esmeralda, who heads the National Bureau of Investigation-Special Task Force (NBI-STF), said he was not involved in the coup plot but hinted that his "mistah," fellow Marine Col. Jonathan Martir would know more about it.
Another alleged coup financier mentioned by former ambassador Roy Señeres in his July 6 affidavit, businessman Antonio "Tonyboy" Cojuangco, was also summoned to appear before the NBI-STF on Thursday.
However, El Shaddai leader Bro. Mike Velarde and Radio Veritas president Fr. Anton Pascual, in a joint statement, vouched for Cojuangco’s integrity.
Velarde said he knows Cojuangco personally "and the one linking him to destabilization has not personally talked with Cojuangco."
Pascual said "people in authority (should) be more circumspect in pointing accusing fingers at people who have contributed a lot, not only to the country’s well-being but also to nation-building in general."
Querubin also told Esmeralda that during the Feb. 26 standoff, the troops who were against Miranda’s relief were under Martir’s command. He added that his men are in Marawi City in Lanao del Sur.
He said he flew in from Marawi on Feb. 21 to spend time with his family, not to participate in a coup. — With Evelyn Macairan, AFP