Lt. Col. Bartolome Bacarro, AFP public information office chief, said Articles of War No. 8 empowers the AFP chief to absolve any military personnel if there is no sufficient evidence to try them before a court-martial.
However, Esperon could no longer drop charges against accused military personnel once the court-martial hands down its verdict, he added.
Before the court-martial started last Thursday at Camp Capinpin in Tanay, Rizal, Esperon cleared Lieutenant Colonels Romulo Gualdrapa and Valentin Hizon of involvement in the failed military uprising.
Esperon ordered the release of Gualdrapa and Hizon and their restoration to full active military status.
Earlier, Esperon absolved eight Marine and Scout Ranger officers of charges of taking part in the failed military uprising due to lack of evidence.
They were Marine Lieutenant Colonels Reynaldo Ocsan and Martin Villasan, Army Maj. Oriel Pangcog, Capt. George Malones, First Lieutenants Antonio Timbal, Gerald Reyes, Mario Bautista, and Michael Cuarteros.
The nine Marine officers who are now facing charges before the military court-martial are led by Maj. Gen. Renato Miranda, former Marine Commandant, and Col. Ariel Querubin, former commander of the 1st Marine Battalion based in Marawi City.
The Army officers are led by Brig. Gen. Danilo Lim, former First Scout Ranger Regiment commander based in Camp Tecson in San Miguel, Bulacan.
The Marine officers are detained inside their headquarters at Fort Bonifacio in Taguig, while the Scout Ranger officers are being held in a maximum security military stockade in Camp Capinpin. — James Mananghaya