During the proceedings, Lieutenant Colonels Achilles Segumalian, Martin Villasan, Valentine Hizon, Reynaldo Ocsan, Armando Banez, Custodio Parcon and Romulo Gualdrapa, Maj. Francisco Domingo Fernandez and 1Lt. Belinda Ferrer were individually furnished with the military’s charges against them.
Col. Al Perreras, JAGO deputy and pre-trial investigation chief, gave the nine accused until Aug. 14 to submit their counter-affidavits and other evidence to refute the charges against them.
The charges ranged from violations of Articles of War No. 67 (attempt to commit mutiny), Articles of War No. 96 (conduct unbecoming of an officer and gentleman) and Articles of War No. 97 (conduct prejudicial to good order and military discipline).
Today, other Marine officers led by former Marine commandant Maj. Gen. Renato Miranda; Col. Ariel Querubin, former 1st Marine Brigade commander based in Marawi City; Col. Orlando de Leon, former Marine chief of staff; Col. Januario Caringal and two other unidentified accused are expected to appear before the JAGO.
Also yesterday, the JAGO served military charges against 17 of the 25 Army Scout Ranger officers accused of involvement in the supposed botched power grab last Feb. 24.
One of the accused Army officers, Capt. Ruben Guinolbay, shortly before facing military prosecutors during the pre-trial, denied being part of the supposed uprising.
"I’m just a captain," he told reporters yesterday. "I can’t possibly lead a coup d’etat."
Last Friday, former Army Scout Ranger chief Brig. Gen. Danilo Lim also submitted himself before the JAGO for pre-trial investigation.
Guinolbay was the First Scout Ranger Regiment chief of personnel when the supposed coup was hatched by Lim and Querubin last Feb. 24 to unseat President Arroyo.
One of Guinolbay’s civilian lawyers is his wife, Marian Guinolbay.
Guinolbay’s co-accused chose to remain silent upon advice of their civilian counsels.
During the proceedings, defense lawyers asked pre-trial investigator chief Perreras that they be given free access to their clients.
Lawyer Abraham Espejo, acting as counsel for Lt. Col. Nestor Flordeliza, former Scout Ranger chief of staff, and Lt. Col. Edmundo Malabanjot, questioned the JAGO’s motive to move the next pre-trial at Camp Capinpin in Tanay, Rizal.
While accused officers are detained in a military stockade in Camp Capinpin, Espejo said there seems to be a "deliberate attempt" to make life for the lawyers of the accused more difficult.
"We are now having difficulty in conferring with our clients, and then they are moving the trial to Camp Capinpin to make life more difficult for us lawyers," he said.
All the civilian counsels protested the transfer and tried to reach for a compromise by suggesting that the trial be held instead at Fort Bonifacio in Makati City.
But Perreras dismissed the protest, saying that court martial rules do not prohibit the transfer of the pre-trial’s venue.
Perreras told the protesting lawyers to put their opposition to the transfer of venue in writing and tentatively set the second pre-trial at Camp Capinpin at 10 a.m. on Aug. 10.
He also gave the accused officers until Aug. 10 to refute the charges leveled against them.
Aside from Flordeliza, Malabanjot and Guinolbay, also served with military charges, ranging from violation of Articles of War 67 (attempting to begin or create mutiny), 96 (conduct unbecoming an officer and a gentleman), and 97 (conduct prejudicial to good order and military discipline), were Majors Leomar Jose Doctolero, Jason Laureano Aquino, Oriel Pangcog, Captains Joey Fontiveros, Isagani Criste, James Sababan, Montano Almodovar, William Upano, George Malones and Frederick Sales, First Lieutenants Jason Cordero, Homer Estolas and Ervin Divinagracia, and 2Lt. Richiemel Caballes.
All accused Army officers arrived at Camp Aguinaldo handcuffed to their heavily armed military escorts.
When asked if they expect a fair trial, Guinolbay told reporters in an interview before the proceedings: "Tingnan natin (We’ll see)."
Before proceeding to JAGO, the Marine officers, in a jovial mode, assembled at the Camp Aguinaldo Golf Club as early as 8 a.m. for an informal case conference with their civilian lawyers.
The pre-trial investigation was set at 9 a.m.
Between cups of coffee, some of the Marine officers wondered why they were being charged with violating the Articles of War.
"Ano ba naman itong buhay na ito (What kind of life is this)?" one Marine officer asked in jest, wondering why he was included in the charge sheet when he was in bed at the time of the crime.
"Hindi na ako nawalan ng kaso. Kahit pa tulog ako kasama pa rin (I was never without a case. Even when asleep, I am implicated)."
"Oo nga, pupungas-pungas ka pa noon, bakit nga ba nakasama ka (Yes, you were still rubbing your eyes at the time, why were you implicated)?" answered another officer.
Arriving late in court, Parcon was himself jovial when he joined his colleagues.
A Medal of Valor awardee, Parcon was among the accused being closely watched by the media.
Like the rest, he was in Marine uniform but did not wear his highest combat medal.
Except for their civilian counsels, all the Marine officers refused to talk to the media.
"Sorry, I am not available," Ferrer, who served as Miranda’s female aide de camp, told reporters.
Segumailan, caught in a video-tape at the height of the Feb. 26 standoff at Marine headquarters in Taguig, also declined to grant reporters an interview.
Parcon, who served as Marine deputy commandant for operations, despite signs that he wanted to talk, also withheld comment on the case filed against him.
"It’s too early to comment on our case," said one accused Marine officer.
"Our lawyers have to study these cases first."
Unlike the detained Army officers, the accused Marine officers arrived at Camp Aguinaldo without any armed escort.
"There is no commitment order yet but we are right now under the custody of the Navy chief," one of the accused officers explained when told about the order of AFP chief Lt. Gen. Hermogenes Esperon that they be detained.
During the proceedings, Perreras also noted the non-presence of military escorts for the accused Marine officers.
Perreras was later informed that the Marine officers were being escorted by the legal officer of the Marines.
The pre-trial investigation is in line with the recommendation of the ad hoc investigating committee to court-martial 40 Army and Marine officers in connection with their alleged role in the alleged botched power grab.
Going along with the charge sheets were affidavits executed by Marine Commandant Maj. Gen. Nelson Allaga, and Lieutenant Colonels Jonathan Martir and William Cardel.
Allaga, along with Martir, Marine Support Battalion commander, and Cardel, Marine Recon Battalion commander, are among the JAGO’s witnesses against the accused Marine officers.
At the height of the Feb. 26 standoff at Marine headquarters, Allaga, Martir and Cardel reportedly prevailed upon the restive Marine officers and enlisted personnel led by Querubin.