Gudani on trial: A small price to pay

A retired Marine general who could end up facing a court-martial for spilling the beans on the alleged fraud in the May 2004 elections declared yesterday his prosecution "is a small price to pay in doing service to God and country."

Retired Brig. Gen. Francisco Gudani made the statement in reaction to the final Supreme Court (SC) ruling last Wednesday that could pave the way for his court-martial together with Lt. Col. Alexander Balutan.

Both officials are under investigation for possible violation of the Articles of War in disobeying an order from a superior officer.

At a Senate hearing, Gudani and Balutan claimed witnessing the alleged massive election cheating in Mindanao in favor of Mrs. Arroyo. Gudani was then the 1st Marine Brigade commander based in Marawi City with Balutan serving under him as a battalion commander.

Gudani, along with Balutan, maintained they had been cleared by their superiors at the Philippine Military Academy (PMA) to testify in the Senate regarding the election irregularities allegedly committed in Mindanao in the 2004 elections.

They said the military’s chain of command was not broken by their testimony at the Senate.

Malacañang tried to stop Gudani and Balutan from testifying before the Senate inquiry by issuing Executive Order 464.

The controversial gag order legally prevented both Marine officers, along with other ranking government officials, from appearing before any congressional inquiry without permission from the President as the military’s commander-in-chief.

The directive came too late since Gudani and Balutan had already settled in with the Senate inquiry.

Both testified last year before the Senate probe over the "Hello, Garci" wiretap controversy, which detailed the supposed conversation between President Arroyo and an election official widely believed to be former election commissioner Virgilio Garcillano.

The wiretapped recordings detailed the operations to rig the results of the 2004 elections in Mindanao, mentioning the names of some ranking generals.

The civilian counsel for Gudani and Balutan, Nicanor Poblador, said he will be submitting their counter-affidavits next week to the military probers conducting the pre-trial investigation (PTI).

"For the record, the PTI was never suspended. It has been going on. We’re in the middle of it," Poblador said, referring to claims that the military had never took custody of the two officers after seeking protective custody of the Senate.

He said the counter-affidavits would explain why his clients should not be subjected to a court-martial for their doing their duty for the country by testifying before the Senate.

Both Gudani and Balutan were ordered placed under court-martial by former Armed Forces chief Gen. Generoso Senga for defying the directive of the commander-in-chief.

But the two officers managed to evade prosecution by seeking the protective custody of the Senate.

Balutan had claimed the order came too late.

He insisted their superiors at the PMA where he was assigned granted them the clearance to appear before the Senate inquiry.

Armed Forces Public Information chief Lt. Col. Bartolome Bacarro said Gudani and Balutan would be taken into custody once the PTI panel completed its investigation and recommendation if both would be placed under restrictions.

For the time being, Bacarro said that Balutan will stay put in his post as Marine deputy training commander while Gudani has already retired.

Poblador said Gudani and Balutan would be submitting their counter-affidavits next week before the PTI probers at Camp Aguinaldo.

As for the Supreme Court ruling, Poblador said the high tribunal in last Wednesday’s ruling does not want to interfere further in affairs involving the military.

"In my own interpretation, the Supreme Court doesn’t want to interfere until the General Court Martial has rendered its decision," Poblador said.